Terms & Conditions

Introduction

Welcome to DesignMasters AU. These Terms and Conditions govern your use of the DesignMasters AU website (the "Site") and any services provided through the Site. By accessing or using our Site, you agree to be bound by these Terms and Conditions.

Please read these Terms and Conditions carefully before accessing or using our Site. If you do not agree to all the terms and conditions, then you may not access the Site or use any services.

Acceptance of Terms

By accessing or using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms and Conditions. If you are using the Site on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms and Conditions.

These Terms and Conditions, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and DesignMasters AU regarding your use of the Site.

Use of the Site

Site License

Subject to these Terms and Conditions, DesignMasters AU grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site for your personal, non-commercial use.

Prohibited Uses

You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate DesignMasters AU, a DesignMasters AU employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm DesignMasters AU or users of the Site or expose them to liability
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
• To attack the Site via a denial-of-service attack or a distributed denial-of-service attack
• To otherwise attempt to interfere with the proper working of the Site

User Conduct

As a user of the Site, you agree to:

• Provide accurate, current, and complete information when using the Site
• Maintain and promptly update your information to keep it accurate, current, and complete
• Use the Site in a manner consistent with any and all applicable laws and regulations
• Use the Site in a manner that does not infringe the rights of any third party
• Not use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site
• Not use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site

Intellectual Property Rights

Site Content

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by DesignMasters AU, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks

The DesignMasters AU name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DesignMasters AU or its affiliates or licensors. You must not use such marks without the prior written permission of DesignMasters AU. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

License to Use

These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as it is created and owned by you
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site
• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms and Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

User Content

The Site may allow you to submit content (such as comments, reviews, or feedback). Any content you post to the Site will be considered non-confidential and non-proprietary. By providing any content on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

• You own or control all rights in and to the content you provide and have the right to grant the license granted above
• All of your content does and will comply with these Terms and Conditions

You understand and acknowledge that you are responsible for any content you submit or contribute, and you, not DesignMasters AU, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DESIGNMASTERS AU NOR ANY PERSON ASSOCIATED WITH DESIGNMASTERS AU MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL DESIGNMASTERS AU, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless DesignMasters AU, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Site.

Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Australia, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Site shall be instituted exclusively in the federal courts of Australia or the courts of the State of New South Wales. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by DesignMasters AU of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DesignMasters AU to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Changes to Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.

Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at: