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Terms & Conditions
TerminologyIn these terms and conditions, the expressions “we” , “us” and “our” are a reference to Ikighai Pty Ltd, the owner of the website.In these terms and conditions the expressions “you, yourself” is reference to the end user.Website means www.ikighai.com.cau and www.ikighai.com.
Amendments to terms and conditionsWe reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Your ConductShould interaction by you be permitted or allowed on our website, you agree to abide by the following terms and condition in relation to such interaction:1) we reserve the sole discretion to amend, adapt and remove any content from our website without notice at any time;2) we do not warrant that we will respond to questions or comments submitted by you;3) any content, excluding contact information and private inquiries, that you post or transmit to our website is and will be treated by us as non-confidential and non-proprietary and we may use such content without restriction;4) when you post or transmit any content to our website, you assign copyright which subsists in such content to us;5) you must not disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users;6) you must not impersonate any other person;7) any content that you provide may be posted on the website or social network sites for any other end users of the website to read;8) if you download any content from the interactive part of our website, you may not adapt, reproduce, store, distribute, transmit, print, display, publish, create derivative works from or commercialism any information, products or services from such downloaded content.
You agree that you will not post or transmit on or to our website any content that:1) is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;2) incites or encourages conduct that is unlawful;3) contains information that is false or misleading;4) contains unsolicited advertising or promotional materials5) contains material in which the copyright is owned by another person or entity, is not your original work or is sourced from any third party;6) contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.You acknowledge that we have the right to monitor the contents of the entire website, including but not limited to chat rooms, emails, forums, posting and advertisements. You acknowledge that while we have the right to monitor the entire website, we do not have an obligation to monitor the website. We advise that monitoring of the website is to ensure compliance with the terms and conditions, privacy policies and guidelines contained within the website. Monitoring of the website will also occur to ensure compliance with all applicable laws and regulations.We reserve the right to remove any content posted on the website.
Disclaimer and Limitation of LiabilityIn this clause, the expression “we, us, our” includes reference to our employees, agents, affiliates and related third parties.We are unable to guarantee that the use of the website will be uninterrupted or error free and you agree that use of the website is at your sole risk.We do not accept responsibility for any loss, damage, injury, expense or cost, however caused or incurred (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.We accept no responsibility for any equipment you use to access the website or any loss, damage, injury, expense or cost suffered to that equipment.We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any content which appears on our website.
We do not accept any liability for the accuracy or content of any material posted or transmitted by other users to our website. We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by another user.We do not accept any responsibility or liability for any content which you post or transmit to our website, nor do we accept any responsibility for any use or misuse which you or any other users or guests make of content which you post or transmit to our website.If you download any content from our website, you acknowledge that we are not liable to you for any loss, damage, injury, expense or cost, however caused or incurred, arising from the downloading or subsequent use of the downloaded content.You agree that we will be under no liability to you in respect of any loss, damage, injury, expense or cost (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the service offered over this website.We offer no warranties or undertaking in relation to goods and/or services sold or listed on the website. This includes any warranty or undertaking as to the quality, fitness, suitability, appearance, defect, safety, reliability and durability of the product and/or service. You acknowledge that we are only marketing/advertising agents for the providers of such goods and/or services. You accept that you consume such goods and/service at your own risk. We accept no liability for any loss, damage, injury, expense or costs, however caused or incurred, that you suffer as a result of you acquiring such goods and/or services through our website.To the extent permitted by law, any condition, warranty or statutory guarantee which would otherwise be implied or imposed into these terms and conditions is hereby excluded. Where legislation implies or imposes any condition, warranty or guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or guarantee, that condition, warranty or guarantee will be deemed included but our liability will be limited for a breach of that condition, warranty or guarantee to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
Exception to disclaimerThis disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Specific warningsIn this clause, the expression “we, us, our” includes reference to our employees, agents, affiliates, subcontractors and related third parties.You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
CopyrightCopyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 Cth and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
1) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or2) commercialise any information, products or services obtained from any part of this website without our written permission.An abuse of this provision may result in copyright infringement and we reserve our right to instigate civil and/or criminal proceedings which may attract penalties.
TrademarksExcept where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.If you use any of our trademarks, whether registered or not, in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:1) In or as the whole or part of your own trademarks;2) In connection with activities, products or services which are not ours;3) In a manner which may be confusing, misleading or deceptive;4) In a manner that disparages us or our information, products or services (including this website).We provide no license or assignment of any trademark and the ownership of the trademark resets with us, or if licensed to us, to the owner of that trademark.An abuse of this provision may result in trademark infringement and we reserve our right to instigate civil and/or criminal proceedings which may attract penalties.
LicenseBy submitting, posting or by otherwise placing any material onto the website you grant to us in respect of all material a royalty free, perpetual, irrevocable, non-exclusive right and license to use, produce, modify, adapt and/or publish such material.By submitting, posting or by otherwise placing any material onto the website, you warrant that you are the owner of such material and where you are not the owner, you warrant that the owner has provided to us royalty free, perpetual, irrevocable, non-exclusive right and license to use, produce, modify, adapt and/or publish such material
Restricted useUnless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.The right to use this website is personal to you and cannot be transferred to any other person.We maintain the ownership of all copyright/trademark material downloaded from our website.
Linked websitesThis website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.We are not responsible for the content or privacy practices associated with linked websites.Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
How we handle e-mailsWe will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Security of informationUnfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of accessAccess to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Dispute ResolutionAny dispute or difference whatsoever arising out of or in connection with these terms and conditions (‘Dispute’) shall be resolved as follows:
Reference to ADR
The parties shall first refer the Dispute to mediation (‘the ADR reference’) by a Law Society Nationally Accredited Mediator agreed by the parties or failing agreement appointed by the President of the Society on the terms of the Standard Mediation Agreement approved by the Queensland Law Society.The ADR reference shall commence when any party gives written notice to the other(s) specifying the Dispute and requiring its resolution under this clause.Any information or documents obtained through or as part of the reference under this sub-clause shall not be used for any purpose other than the settlement of the Dispute under this sub-clause.
Final ResolutionIf the Dispute is not resolved within (21 days) of the commencement of the ADR reference either party may then, but not earlier commence proceedings in any court of competent jurisdiction.
VenueAny mediation under this clause shall be held at the offices of the Queensland Law Society unless the parties otherwise agree.
Contract PerformanceEach party shall continue to abide by these terms and conditions notwithstanding the existence of a dispute or any proceedings under this clause.
Governing lawThese terms and conditions are governed by the laws in force in the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
GeneralWe accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the website.If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the website.A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.It is the express wish of the parties that this agreement and all related documents are drawn up in English.
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