TERMS & CONDITIONS
The website located at www.identity.marketing (the “Website”) is owned, controlled and operated by Identity Marketing Pty Ltd (ACN 160 417 256) (“we”, “our”, “us” or “Identity Marketing”).
The terms and conditions below (the “Website Terms”) apply to the accessing, browsing and use of the Website by you (the “User”, “you”, or “your”). The Website is available for you to use conditional on your acceptance of the Website Terms. By accessing, browsing or using the Website, you agree to be legally bound by the Website Terms. If you do not accept the Website Terms, you must not access or use the Website.
We may change the Website Terms at any time. Notice of any changes will be displayed on the Website. Your continued use of the Website following any change to the Website Terms will mean that you accept that change and you will be bound by the Website Terms as varied.
You should familiarise yourself with the Website Terms before accessing, browsing and using the Website. Any questions about these Website Terms can be directed to email@example.com.
PLEASE CAREFULLY NOTE BEFORE READING THE WEBSITE TERMS:
- If you a Consumer, the provision of the Website comes with consumer guarantees under the Australian Consumer Law.
- Your ability to hold Identity Marketing responsible for any loss or damage you may suffer from using the Website may be significantly restricted.
- Our liability to you for any loss or damage you may suffer from using the Website may be significantly restricted.
- Subject to any rights which you may have as a Consumer or otherwise at law, your use and access of the Website is on an “as is” basis and is entirely at your own risk.
- You are solely responsible for compliance with all laws and regulations applicable to your use of the Website.
- There are restrictions that apply to your use of the Website, and significant consequences if you do not comply with such restrictions.
- You may be required to compensate us for any loss or damage that we may suffer from your breach of the Website Terms.
Where a definition is used for the first time in the Website Terms, it will appear in bold text.
“Business” means the business we operate known as Identity Marketing, which provides various graphic design, digital marketing, print marketing and video production services to businesses.
“Consumer” means a User who views, browses and uses the Website in Australia, and:
- the amount payable for viewing, browsing and using the Website does not exceed $40,000;
- the Website provides services of a kind ordinary acquired for personal, domestic or household use or consumption; or
- falls within the definition of “Consumer” under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Content” means all content on the Website including without limitation text, underlying source and object code, photographs, logos, names, designs, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.
“Terms of Service” means an agreement setting out terms and conditions for all matters relating to services provided by the Business.
“Intellectual Property” means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) such as (but not limited to) copyright, trade marks, designs, patents, inventions and business names.
“Personal Information” is as defined in the Privacy Notice.
“Privacy Notice” means the Privacy Notice for the Website as amended or updated from time to time, located at http://identity.marketing/privacy-policy/.
“User Content” means any Content that is shared via, or otherwise submitted or uploaded to, the Website by a User.
B. WEBSITE TERMS
- Application of Website Terms
1.1 These Website Terms apply to all Users. By visiting, viewing, browsing, accessing or otherwise using the Website, you accept and agree to comply with these Website Terms.
1.2 The Website’s main function is to provide information, take enquiries about, and otherwise promote, the Business, and allow Users to enquire about our services. The terms and conditions applying to all services-related matters (such as terms of service, payment terms and log-in access conditions), are set down in our Terms of Service.
1.3 If you are a Consumer, your access to the Website comes with consumer guarantees (“Consumer Guarantees”) under the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”). If you are a Consumer, nothing in the Website Terms (including, without limitation, clauses 4 and 5 of the Website Terms) is intended to limit or exclude your Consumer Guarantees.
2. Your Obligations
2.1 Your access to, and use of, the Website, is subject to all conditions specified in these Website Terms.
2.2 You agree that you will not:
a. Use the Website for any purpose that is illegal, unlawful or prohibited by these Website Terms;
b. Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the Website or any Content, including (without limitation) through hacking or use of automated devices, scripts or bots, destructive transmission of viruses, reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code, or other illegitimate means;
c. Contact Users of the Website for the purpose of sending unsolicited offers, advertisements, spam, junk e-mails;
d. Contact Users of the Website for the purpose defaming, abusing, threatening or defrauding Users;
e. Use the Website to impersonate any entity or falsely claim an affiliation with any person or entity;
f. Scrape or otherwise obtain any data from this Website for any purpose; or
g. use any Content to spam third parties.
2.3 You must comply with all laws and regulations applicable to the use of the Website and you are solely responsible for your conduct in the course of using the Website.
2.4 We reserve the right to exercise any lawful means we deem necessary to prevent unauthorised use of our Website by you in breach of this clause 2, including technological barriers, IP mapping, and directly contacting your internet services provider (ISP) regarding the unauthorised use of our Website.
- Intellectual Property
3.1 The Intellectual Property in the Website and all Content (“Website IP”) is exclusively owned and controlled by us, our third party affiliates and/or our licensors, and is protected by Australian and international law governing intellectual property rights. The Website IP remains the exclusive property of us, our third party affiliates and/or our licensors throughout the world in perpetuity.
3.2 We provide you with a non-exclusive licence to access, use and make copies of the Website IP strictly as required for the ordinary use and browsing of our Website.
3.3 You hereby grant us a worldwide, non-exclusive, perpetual, transferable, sub-licensable, royalty-free licence to use, reproduce, copy, adapt, modify or disclose (in our sole discretion) any User Content.
3.4 You are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP unless you have our express prior written authorisation. Any unauthorised use of Website IP by you is strictly prohibited.
3.5 We will respond to notices of alleged intellectual property infringement in relation to Content which are submitted in writing to us at firstname.lastname@example.org.
4.1 We are not responsible for:
a. User Content or other material that is created, or otherwise appears via the Website. We do not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Website; and
b. Hyperlinks to third-party web services or third-party information or content which is hosted on the Website. All third-party content is the responsibility of its author, and we do not endorse or represent the views or opinions contained therein.
4.2 Subject to any Non-Excludable Conditions (as defined in clause 5.1 below):
a. we do not provide any guarantees that your access of the Website will be suitable or fit for any purpose; and
b. we exclude any term, condition or warranty not expressly stated in these Website Terms that may otherwise be implied into these Website Terms.
5.1 Except for liability in relation to breach of any obligation, condition, warranty or guarantee (including the Consumer Guarantees or otherwise under the ACL), the exclusion of which from a contract would contravene any statute or cause any part of these Website Terms to be void (“Non-Excludable Conditions”), your use of, and reliance on, the Website (including all Content) is entirely at your own risk, and to the extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on the Website (including all Content), however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise), including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any direct, indirect or consequential loss.
5.2 If we are able to limit your remedy for a breach of any Non-Excludable Conditions, then our liability for breach of any Non-Excludable Conditions is limited to one or more of the following at our option:
a. For goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
b. For services, the supply of the services again, or the payment of the cost of having services supplied again.
5.3 Subject to the application of any Non-Excludable Conditions, you hereby release us from all claims, responsibility and liability for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise) or consequential, exemplary or aggravated damages arising from any of the following matters (“Website Matters”):
a. The use of, or inability to use, the Website by Users;
b. Any User Content that is created, or otherwise appears, via the Website;
c. Any Content (which is not User Content) that appears via the Website;
d. Any failure by Users or other third parties to provide any information, service, feature or functionality via the Website;
e. Accessing hyperlinks to third-party web services through the Website; and
f. Use of third-party services (including any sharing to third-party websites) in conjunction with the Website by Users.
6.1 As a further condition of using the Website, you must indemnify us against all quantifiable and reasonable loss and/or damage suffered by us (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a direct result of you breaching any term of these Website Terms.
7.1 When operating the Website, we will collect, handle and use any Personal Information in accordance with the Privacy Notice. You agree that these Website Terms also include the Privacy Notice, which is incorporated into these Website Terms by reference.
- Jurisdiction & Choice of Law
8.1 These Website Terms are governed by and construed in accordance with the laws of the State of South Australia, Australia without giving effect to any conflict of laws principles. Any claim, cause of action or dispute arising out of these Website Terms will be resolved exclusively in the the courts of South Australia, Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.
9.1 In the event that any one or more of the provisions contained herein is, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other provisions of these Website Terms and these Website Terms will be construed as if such provisions had never been contained herein.