Effective from 30th January 2014
- The website called idea11.com.au (Site) is owned and operated by Idea 11 Pty Ltd (ACN 129 440 026), which is registered in Queensland, Australia (Company).
- In these terms and conditions (Terms), “us”, “we” and “our” refer to the Company, and references to “you” or “your” is to you, the end user of the Site (User).
- In these Terms, “Content” means all information (including information about products and services), graphics, HTML, text, software and materials on the Site (Content).
- The Site is designed for the Company to:
- provide information about its products and services; and
- blog at https://dev2.idea11.com.au/blog/ (Blog).
- We may amend the Terms at our sole and absolute discretion. By continuing to use the Site after an amendment to the Terms, you agree to be bound by the Terms as amended.
- All notices in connection with these Terms, enquiries and complaints can be communicated to the Company at firstname.lastname@example.org.
2. Conditions of Use
- You are granted a limited and revocable license to view and use the Site in accordance with these Terms if you:
- are over the age of 18 years and capable of forming binding contracts;
- are not breaking any law by accessing and using the Site (by reference to laws in your jurisdiction and the Company’s);
- use the Site for lawful purposes only (by reference to laws in your jurisdiction and the Company’s);
- use the Site only in the way that it is designed to be used; and
- do not engage in any improper, indecent, bullying, harassing or offensive conduct while using the Site (as determined by us at our sole discretion).
- Your licence to use the Site will be immediately revoked if you breach any of the conditions in the Terms.
3. Content on the Site
- All Content is for informational purposes only, and is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of the Content.
- Representations in the Content in connection with our products and services do not constitute an offer to sell but an invitation to treat. Such representations do not warrant that we will provide our products and services upon request for an offer.
- Any User that contracts with the Company subsequent to viewing the Content, agrees and acknowledges that no assertion, representation or warranty in the Content will be incorporated into such future contracts.
- The Blog is intended to provide general information on topics of interest, current at the time of first publication. No Content constitutes advice, and no Content should not be relied upon as such.
- You agree and acknowledge that there may be technical or administrative errors in the Content.
- We reserve the right to correct any errors in the Content and without any notice to you.
4. Data Retention
- We may store any material or information that you upload to the Site or send to the contact details displayed on the Site (Data).
- We make no warranties or guarantees, implied or express, in respect of the retention of or continued accessibility of any Data.
- You agree that we are not liable for any loss or damage that may occur by any loss, corruption or any other inaccessibility in respect of any Data.
- We may store the Data “offsite”. The Data storage location will not affect the laws that govern any agreement arising under these Terms.
5. Third Party Websites
- The Site and Content may contain hyperlinks, images, banners, information and advertising (Third Party Information) from third party businesses, persons and websites (Third Parties). You consent to receiving the Third Party Information as part of your use of the Site and Content.
- We are not responsible for any Third Party Information displayed or associated with the Site, or liable for any reliance you make upon Third Party Information.
- The inclusion of any link to a Third Party link does not imply any endorsement or recommendation of the Third Party by the Company. Unless otherwise stated, those websites are not under the control of the Company, and the Company is not responsible for the contents of any linked website. This Site provides those Third Party links to you for your convenience only.
- Your link to any Third Party website, or decision to accept any Third Party offer, is entirely at your own risk.
6. Site Availability
- By using the Site you agree that we accept no responsibility for the Site or any part of it being unavailable, and we make no warranties or guarantees, implied or express, as to the ongoing availability of the Site, Content or any part of either.
- You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site, the Content, or any part of either.
- We may change, update or otherwise amend the Site and Content or any part of it at our sole and absolute discretion without any notice to you and any other User. This may result in the Site being offline, for which we are not obligated to provide notice.
7. Intellectual Property
- All title, ownership rights and intellectual property rights, including copyright, in relation to the Site is owned or used under licence by the Company.
- Without the express written permission of the Company, you shall not:
- replicate all or part of the Site in any way; or
- incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.
- You agree that you will not copy any part of the Site for your own purposes. You may however view the Site using your web browser and make a temporary copy of all or part of the Site for your personal use only.
8. Complaints about the Site
- If you have a complaint in connection with the Site for which you consider that the Company is liable (Complaint), you must report it to us in writing within 10 days of the circumstances giving rise to the Complaint first occurring. We may or may not investigate your complaint, depending on its nature, a choice that will be at our sole discretion.
- If you are not satisfied with our action under clause of the Terms, you must formally notify us of your complaint with a written notice (Complaint Notice), which includes, or is accompanied by, full and detailed particulars of the Complaint.
- Within 10 days after a Complaint Notice is given, a representative of the Company will respond to the Complaint Notice in writing (Company Response).
- In accordance with this section, you agree not to bring court proceedings against us in respect of any Complaint unless you comply with the requirements of this clause (but subject always to any rights you may have as a consumer under the Competition and Consumer Act 2010 or any equivalent legislation).
10. Exclusion of Liability
- You acknowledge and agree that you use the Site and the Content at your own risk.
- There are certain rights (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Condition). This clause is subject to those Non-Excludable Conditions.
- You agree that all implied guarantees, conditions and warranties are excluded from the Terms, except any Non-Excludable Condition.
- Subject to the application of any applicable Non-Excludable Condition, all other liability to you for any costs, expenses, losses and damages suffered or incurred directly or indirectly by you in connection with the Terms, the Site and the Content, whether that liability arises in contract, tort (including by our negligence) or under statute, is excluded. Subject to the application of any Non-Excludable Condition, we will not, under any circumstances, be liable to you for any indirect or Consequential Loss. Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
- Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any Non-Excludable Condition is restricted, at our option to:
- the re-supply of services or payment of the cost of re-supply of services; or
- the replacement or repair of goods or payment of the cost of replacement or repair.
- By using the Site and the Content, you agree to indemnify us and our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from your use of the Site or the Content.
- Without limiting the generality of the above, you agree to indemnify us and our officers, employees, contractors and agents (the Indemnified) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising directly or indirectly from your breach of the Terms and any negligent or unlawful act or omission by you in connection with the Site or the Content.
- Without limiting the generality of the above, you further agree to indemnify the Indemnified against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising directly or indirectly from a contract in force between us and a third party connected with the Site or the Content.
- Either party may end the agreement arising from the Terms immediately for any reason by giving the other party written notice.
- Where the agreement arising from these terms has been terminated you must immediately cease to use the Site, and by extension, the Content.
- The Company has the right, but not the obligation, to monitor the Content of this Site, to determine compliance with these Terms and any other operating rules established by the Company.
- All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
- We will send you notices and other correspondence to the details that you notify us of from time-to-time by using the Site. It is your responsibility to notify us of any updated contact details as they change.
- Email notice from you or us is effective notice under the Terms.
- You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in the Terms.
- The relationship between you and us under any agreement arising from the Terms does not form a joint venture, partnership, agency, or any form of employment relationship.
- No clause of the Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- You cannot assign, novate or otherwise transfer any of your rights or obligations under any contract arising from the Terms without our prior written consent.
- We may assign, novate or otherwise transfer any of our rights or obligations under the agreement arising pursuant to the Terms to a third party without notice to you, or your prior consent. If we require it, you will sign any documents to give effect to an assignment, novation or transfer by us under this clause.
- The agreement arising under the Terms will be governed by the laws of the state set out in the definition of Company. You agree to submit to the non-exclusive jurisdiction of courts with jurisdiction in that state, and it shall be the sole forum for any proceedings.
- Any clause of the Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of the Terms.
- The termination of any agreement arising from the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement.