ALL INFORMATION/CONTENT AVAILABLE ON THE WEBSITE IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY. THE COMPANY MAKES NO CLAIMS OR REPRESENTATION AS TO ANY SPECIFIC RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF OUR WEBSITE AND/OR SERVICES.
ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT ALL INFORMATION ON THE SITE IS ACCURATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
You agree that you will never:
We hereby grant you a limited, non-exclusive, non-transferable license to use the Company Content and this website for your personal and noncommercial use only.
The Company reserve the right to prosecute any violations of this provision. You acknowledge that breach of this provision can incur criminal as well as civil liability.
User Content refers to any and all content uploaded, posted or shared by a User in any public areas of the Website or on Company’s social media pages on third-party platforms. Public Areas include any blog posts, articles, review pages on the Website. User Content includes but is not limited to any questions and comments posted by Users on the website. By posting, submitting or contributing text, images and other similar content through the Website or on our Social Media pages, you represent and warrant to us that you have the requisite intellectual property rights and authority to post the content on the Website and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any third-party.
We do not claim ownership of any User Content, however by posting, sharing or contributing User Content through the Website and our social media pages, you expressly grant us irrevocable, royalty-free and fully paid, nonexclusive, world-wide license to use, distribute, reproduce, modify, adapt, publish, perform, display, create derivative work or share, in print or on any digital media, any of your User Content, including but not limited to ratings and reviews for our Service. You hereby waive any claims to future compensation arising from the Company’s use of your User Content in any form.
You understand that all User Content is the sole responsibility of the User who posted such content and the Company will not be liable for any errors, omissions or inaccuracies in any User Content. Your reliance upon any User Content is solely at your own risk. Please note that the Company does not endorse or recommend any User Content and you hereby expressly release the Company from any liability arising out of or associated with your use of any User Content.
THE WEBSITE AND ALL COMPANY CONTENT IS PROVIDED BY THE COMPANY ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT.
THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND YOU HEREBY RELEASE THE COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. THE COMPANY AND THE PARTIES MENTIONED ABOVE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES OFFERED BY COMPANY THROUGH THE WEBSITE. YOU ACCEPT THAT YOUR USE OF THE WEBSITE AND SERVICES PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE OR SERVICES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGE AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN THAT EVENT THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED SHALL NOT EXCEED FIFTY AUSTRALIAN DOLLARS.
PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE THE WEBSITE AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY USER BEHAVIOUR. THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) Your use or inability to use the Website,
(ii) violation of these Terms by you,
(iii) violation of any applicable law by you,
(ii) Your gross negligence or willful misconduct
The Company reserves the right, at its own expense to assume exclusive defence of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.
If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.