TERMS
This document was created using a Contractology template available at http://www.contractology.com.
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy
License to use website
Unless otherwise stated, Emu Ninja Pty Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Emu Ninja Pty Ltd express written consent.
Restricted access
Access to certain areas of this website is restricted. Emu Ninja Pty Ltd reserves the right to restrict access to areas of this website, or indeed this entire website, at our discretion.
If Emu Ninja Pty Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Emu Ninja Pty Ltd may disable your user ID and password in our sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Emu Ninja Pty Ltd reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding Emu Ninja Pty Ltd rights under these terms and conditions in relation to user content, Emu Ninja Pty Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Emu Ninja Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Emu Ninja Pty Ltd does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any legal, financial or business matter you should consult an appropriate professional.
Limitations of liability
Emu Ninja Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Emu Ninja Pty Ltd has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Emu Ninja Pty Ltd liability in respect of any:
- death or personal injury caused by Emu Ninja Pty Ltd negligence;
- fraud or fraudulent misrepresentation on the part of Emu Ninja Pty Ltd; or
- matter which it would be illegal or unlawful for Emu Ninja Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, Emu Ninja Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Emu Ninja Pty Ltd officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Emu Ninja Pty Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Emu Ninja Pty Ltd.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Emu Ninja Pty Ltd and undertake to keep Emu Ninja Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Emu Ninja Pty Ltd to a third party in settlement of a claim or dispute on the advice of Emu Ninja Pty Ltd legal advisers) incurred or suffered by Emu Ninja Pty Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Emu Ninja Pty Ltd other rights under these terms and conditions, if you breach these terms and conditions in any way, Emu Ninja Pty Ltd may take such action as Emu Ninja Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Emu Ninja Pty Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Emu Ninja Pty Ltd may transfer, sub-contract or otherwise deal with Emu Ninja Pty Ltd rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Emu Ninja Pty Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Queensland Australia law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Queensland, Australia.
Emu Ninja Pty Ltd details
Emu Ninja Pty Ltd registered address is 47/161 Main St, Kangaroo Point, QLD, Australia.
You can contact Emu Ninja Pty Ltd by email to hello@emuninja.com.
You must retain the “Credit” section in this document. If you wish to use the document without the “Credit” section (e.g. to project a more professional image) then you can get a license to do so here: http://www.contractology.com/free-document-license-website-terms-and-conditions.html It is an infringement of our copyright to use the document without the “Credit” section and without paying the license fee.