Terms & Conditions
Before you proceed to use the website
- The "brandkarma.com" website ("Website") is operated by Brand Karma Pty Limited A.C.N. 136 666 110 ("BK"). Your use of the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below ("Terms and Conditions").
- The Terms and Conditions govern your use of the Website and the materials and information accessible on or from the Website every time you use the Website. They will always be available for you to review via the link at the foot of every page.
- You should read and understand the Terms and Conditions now. BK reserves the right to amend the Website and the Terms and Conditions at any time and from time to time without notice to you.
- BK is not aware of all content posted on this Website and does not endorse, adopt or agree with any content posted by users of this Website. All users of this website are advised to exercise their own discretion when you access, browse or use this Website in any way.
- Unless otherwise expressly agreed in writing with BK, your agreement with BK will always include the terms and conditions set out in this document. These are referred to below as the "Terms and Conditions".
- Your agreement with BK will also include any other legal terms and conditions applicable to the Services or Third Party Links provided by BK, in addition to our Terms and Conditions. Where additional terms and conditions apply to a Service or Third Party Link provided by BK on the website, these additional terms and conditions will be available for you to read and understand either through your use of, that Service or Third Party Link.
- The Terms and Conditions of this Website takes precedence over any other legal terms and conditions applicable to the Services or Third Party Links provided by BK in any issue of conflict that may arise because of differences in the Terms and Conditions of this Website and any other legal terms and conditions applicable to the Services or Third Party Links provided by BK.
- BK reserves the right to amend the Website and the Terms and Conditions at any time and without notice to you. Your continued use of the Website after any amendment to the Terms and Conditions constitutes an agreement by you to abide and be bound by the Terms and Conditions. Your use of the Website means you accept these Terms and Conditions.
- Your use of this Website constitutes a legally binding agreement between you and BK in relation to the services provided. It is important that you read and understand the Terms and Conditions now before proceeding to access, browse or use this Website in any way.
- You must not access, browse or use this Website in any way unless you agree to be bound by the Terms and Conditions set out below. If you do not agree with these Terms and Conditions you must not visit or use the Website.
Use of the Website
- The following Terms and Conditions relate to comments by Website users which are submitted to the Website as part of the Services provided by BK.
- You understand that by using the Services provided by BK, you may be exposed to content that is offensive, indecent, objectionable or defamatory. All content posted by users of the Services are the sole responsibility of the person from which such content originated. Under no circumstances will BK or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any content, including, but not limited to, any exposure to offensive, indecent, objectionable or defamatory content, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services by you or other users.
- BK assumes no responsibility and liability for monitoring the Services for inappropriate content or conduct. If at any time BK chooses in its sole discretion to monitor the Services, BK nonetheless assumes no responsibility and liability for any content posted by the user, and is under no rights to modify or remove any content posted by the user, and no responsibility for the conduct of any user.
- You, as the user of the Website are solely responsible for the content of any contributions you make to the Website. All such contributions are public, unless otherwise indicated. You must not include content which fall into the following categories:
- content which is indecent or abusive;
- content used for a commercial purpose, unless BK provided its express consent in writing;
- content that attempt to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- content which is false or misleading, including the impersonation of other people;
- content that attempt to modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
- content which may slander, libel or defame any person or entity;
- content which may cause injury of any kind;
- content not limited to creating derivative works from any part of the Services that may infringe or violate the intellectual property rights, contract rights, or any other rights of any third party;
- content which may violate any applicable laws, rules, or regulations;
- content which may contain software viruses; and
- content not limited to the above which contradicts the Terms and Conditions of this Website.
- You understand, acknowledge and agree that, unless otherwise indicated, any communications made to the Website, and by any means, are public.
- You acknowledge and agree that you have no expectation of privacy in any public communication you make to the Website.
- You grant to BK a continual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free licence to use, copy, license, distribute, display, reproduce, transmit, modify, edit or otherwise exploit any public communication you make with the Website in all media now known or later developed for all purposes deem fit by BK.
- You agree to indemnify BK for all losses and legal liability it suffers as a result of any contribution you make to the Website including any losses and legal liability BK suffers as a result of making the content of your transmission available to third parties.
- To the extent permissible by the laws of Australia and other applicable laws, BK disclaims all liability in relation to your use of the Website.
- If BK makes a request to you to stop using this Website or to promptly return or destroy copies of information provided on this Website, you must immediately comply with that request, and confirm in writing to BK within five (5) business days after that request, that you have done so. Your failure to comply will mean that you agree to assume all liabilities that may possibly arise from your non-compliance.
Removal of Material
- BK may, in its absolute discretion and without notification to users, edit or remove any material from the Website at any time including material you have transmitted to the Website. BK is under no rights to make any material transmitted to the Website available to any person. BK assumes no liability for any consequences from the reliance of its rights under this paragraph.
- The removal of material is not an admission that the material is inappropriate nor is it an admission of liability by BK.
- Where BK has received a complaint about material, it will ordinarily remove that material if the material infringes clause 3.2 of the Terms and Conditions or if the material is vexatious in nature.
- Please direct all general complaints about the Website in the first instance email@example.com.
- BK does not belong to any independent dispute resolution programs. If you feel your complaint has not been handled adequately by us you should refer your concerns to the authorities in your home state responsible for consumer affairs.
Contribution by BK
- From time to time, BK employees may respond to user queries or comments. Such participation does not constitute an approval, agreement or endorsement of the views of the user by BK.
Links on the Website
- The Website contains links to other websites not maintained, controlled or associated with BK. BK makes no endorsements, representations or warranties about any other website which you may access through this Website ("Other Website").
- When you access an Other Website, that Other Website is independent from this Website, and BK has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Website.
- Other Websites are not under the control of BK, and BK is not responsible for the accuracy of any information on any Other Website. BK does not monitor or review the content of any Other Website.
- You must take your own precautions to ensure that any Other Website that you access by link from this Website is free from viruses, trojan horses and other material of a destructive nature.
Third-Party Statements on the Website
- Persons other than BK ("Third Parties") may post statements or information on some portion of this Website, from time to time ("Third Party Posted Material").
- When you access any Other Website, that Other Website is independent from this Website, and BK has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Website and BK reserves the right to delete any link posted anywhere on this Website that infringes clause 3.iv of this Terms and Conditions.
- BK is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Website, the use of any other hyper linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Third Parties have expressly advised BK of the possibility of such loss or damages.
- You must indemnify and keep indemnified BK in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party.
- If you are interested in making a link from your Website to BK, please email firstname.lastname@example.org
- You may not copy or use any of the graphics (or other elements) from this Website within another website. Any link to us should be provided as a text link only.
- You may not link to this Website within a frame in your website, unless expressly agreed to by BK in writing.
- BK will take all steps open to it to prevent links to its Website which fall outside these requirements. This includes taking legal action to protect BK's rights.
- The Website contains information, text, data, documents, pages and images prepared by BK (the "BK Material"). The BK Material is subject to copyright under the Copyright Act 1968 (Commonwealth of Australia), and is owned by BK. Except as permitted by the Copyright Act 1968 (Commonwealth of Australia), you must not in any form or by any means:
- copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any BK Material without the specific prior written consent of BK ;
- perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the BK Material ;
- alter, decompile, disassemble, reverse engineer or modify any BK Material without the specific prior written consent of BK ; and
- use or apply, for commercial purposes any BK Material without the prior written consent of BK.
- All trademarks, brands and names appearing on this Website are the property of their respective owners.
- Nothing contained on this Website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
- For all content that you post or upload on to the Website that is covered by intellectual property rights ("IP content"), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content.
- BK does not represent that any information (including any file) obtained from or through the Website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
- BK will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on BK, it shall be limited to the cost of re-supplying that information.
- These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.
- This Website may be accessed throughout Australia and overseas. BK makes no representation that the content of this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website
Limitation of liability
- In no event shall BK or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable to you for any damages howsoever resulting from any:
- errors, mistakes or inaccuracies of content;
- death, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website;
- any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to, or alteration of, any user communication, or any unauthorised access to or use of our secure servers and/or any all personal information and/or financial information stored therein;
- any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the website by any third party: and/or
- any errors or omissions in any content or for any losses or damage of any kind, not excluding any direct, indirect, incidental, special or consequential loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), incurred as a result of your use of any content uploaded, posted, emailed, transmitted, or otherwise made available via website, whether based on warranty, contract, tort, or any other legal head of action, and whether or not we are advised of the possibility of such damages.
Disclaimer and Warranty
- You agree that your access to, and use of, this Website is subject to these Terms and Conditions and all applicable laws, and is at your own risk. While the information and material contained on the Website submitted by BK, is believed to be accurate and current, it is provided by BK in good faith on an "as is" basis.
- BK or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Website submitted by BK or Third Parties.
- Any reference to products or services on this Website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by BK.
- Subject to the Trade Practice Act 1974 (Cth) and otherwise to the extent permitted by law, BK expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this Website.
- BK shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the Website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if BK is expressly advised of the possibility of such loss or damage.
- By using this Website and agreeing to these Terms and Conditions, you agree to indemnify BK and its officers, directors, shareholders, employees, agents and other persons involved in the creation of this Website and hold BK and officers, directors, shareholders, employees, agents and other persons involved in the creation of this Website harmless against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and/or use or exploitation of the Website or reliance on its contents or information received through it by yourself or any person accessing any content through the Website and as a result of any use or exploitation by you of any material posted by any third party or any other Website, or both.This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).
- You should not send any information or material that you consider to be confidential or proprietary, to BK or any other person, through this Website. Any information or material sent to BK at, or through this Website, is deemed to be not confidential.
- You are deemed to grant to BK an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Website. BK is free to use any ideas, concepts, know-how or techniques that you send to BK, for any purpose.
Amendments to Terms and Conditions
- BK may modify these Terms and Conditions at any time without providing notice to you. Your continued use of the Website after such a modification constitutes your acceptance of that modification. For this reason we provide a link to the terms and conditions at the bottom of every page. You should check them each time you visit, because you are bound by them if you use the Website.
- Revisions and alterations will be posted on this Website. Users are responsible for reviewing this Website from time to time to ensure compliance.
- These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction whatsoever.
- Any indemnity, agreement, representation or promise provided by you to BK as set out in these Terms and Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to BK or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be in relation to this Website.
- These Terms and Conditions operate to the fullest extent permissible by law. If any provision of these Terms and Conditions in unlawful, void or unenforceable, that provision is deemed severable from the Terms and Conditions and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.
- No wavier of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.
- No third party shall have any right pursuant to any Australian law to enforce any of the above terms and conditions.
I HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
© Brand Karma Pty Limited A.C.N. 136 666 110, 2011. All rights reserved.
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