GENERAL WEBSITE TERMS
1.0 Acceptance of Terms
- The Site is owned and operated by Future8 Pty Ltd T/A Link Pixel ABN 44 603 123 959 (“we“, “us”).
- access and use the general areas of the Site;
- access the content published to the Site;
- sign up to receive our newsletter or marketing emails;
- access and use contact forms and inquiry forms; and
- sign up to receive notification by email of new Blog posts.
- We reserve the right to revoke this licence at any time for any reason.
3.0 Your Warranties and Obligations
You agree to:
- use the Site in good faith.
- You must not:
- do anything which is unlawful, defamatory, or in breach of any rights of others (specifically including Intellectual Property rights) or which is, in our sole determination offensive, indecent, abusive, menacing, or causes annoyance, inconvenience, or needless anxiety to others;
4.0 Intellectual Property Rights and Privacy
4.1 Intellectual Property rights
The material on the Site is protected under Australian and international copyright and other laws governing protection of Intellectual Property rights. Intellectual Property rights in images, trade marks, and other content on the Site are owned by their respective owners. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit such materials.
5.0 Disclaimers and Limitation of Liability
To the extent allowable by law:
- the Site is provided on an ‘as-is’ basis and we disclaim any warranty that the Site will be uninterrupted, error-free, lag-free, or that any errors will be corrected;
- we do not warrant, guarantee or make any representation:
- that the Site is free of viruses;
- that the functions contained on the Site will operate uninterrupted or are error-free or are compatible with all browser and operating systems; or
- that errors and defects in the Site will be corrected.
- we take all reasonable efforts to maintain the security of the Site but we cannot ensure or guarantee its security. For example, hacking, vandalism, hardware, or software failure may affect the security of the Site, and we take no responsibility for such events where we have neither caused nor significantly contributed to their occurrence;
- You acknowledge that you have exercised your own judgement as to the suitability of the Site and its content for your purposes, and that you use the Site at your sole risk.
- The Site may provide links or references to other websites for your convenience:
- we do not control or endorse these websites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites;
- if you choose to purchase goods or services from a third party accessed from the Site, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
- You agree to release and hold harmless us, indemnify and defend us and our Indemnified Officers against any Claim or Liability arising from or in relation to:
- the misuse of the Site by you or anyone whom you allowed to access the Site, whether deliberately or otherwise;
- any acts or omissions of anyone whom you allow to access the Site from time to time, whether deliberately or otherwise;
- your breach of any law or infringement of any third party rights including without limitation Intellectual Property rights, privacy rights, or consumer protection laws;
- your breach of any warranties under this agreement.
- You agree to release and hold harmless us and our Indemnified Officers against any Claim or Liability arising from or in relation to:
- third parties, such as other users of the Site or hosting service providers;
- any downtime, interruption, hardware or software failure, or Consequential Loss of any kind;
- any loss or damage to persons or property (including data) caused by:
- the use of the Site;
- the inability to use the Site;
- the reliance on any information provided on the Site;
by you or anyone whom you allowed to access the Site;
- our reasonable actions in denying anyone access to the Site for security reasons or non-payment;
- actions taken in relation to this agreement in accordance with our obligations at law or any order issued by a court of law or relevant government authority,
whether directly or indirectly arising in connection with the Site, even if we knew or should have known about the possibility of such loss or damage.
5.3 Limitation of Liability
To the fullest extent allowable at law:
- we only accept liability to you as set out in this clause 5, or as required by consumer or other laws which cannot be excluded by contract;
- indirect, special, pure economic or Consequential Loss (whether arising under contract or tort) are expressly excluded under this agreement;
- our liability, and liability of our Indemnified Officers under this agreement is limited to (at our election):
- supplying the services again; or
- payment of the cost of having the services supplied again.
- despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not exceed $100 in any circumstances.
6.0 Termination of Access
- You may terminate this agreement at any time without notice to us by discontinuing your use of the Site.
- Termination under this section does not limit the warranties given in clause 3.
- We take reports of Intellectual Property infringement seriously. If you find any content on the Site that you suspect infringes your Intellectual Property rights, please notify us by email to the Support Email.
8.1 Currency and taxation
8.2 Enduring clauses
If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.
Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.
9.0 Definitions and Interpretation
Blog means the portion of the Site which may be accessed via https://www.linkpixel.com.au/blog and any content accessed via that URL (whether or not such content can be accessed by an alternative URL).
- Business Day means a day (other than a Saturday or Sunday) upon which banks are ordinarily open for business in Brisbane, Queensland, Australia.
- Consequential Loss includes, without limitation, data loss, loss of opportunity, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss, and disappointment, distress, stress, and inconvenience.
- Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
- Intellectual Property means all intellectual property rights, including without limitation copyright, inventions, patents (including patent applications), trademarks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licences, know-how, trade secrets, and includes the right to register any intellectual property rights.
- Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
- Site means the website which may be accessed at www.linkpixel.com.au.
- Support Email means firstname.lastname@example.org.
The following rules of interpretation apply unless the context requires otherwise:
- a reference to a right or obligation of two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally;
- a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;
- nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right, or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.