The terms and conditions which govern your use of the 224 Industries website made available at https://224industries.com.au/ (Site) are set out below.
The Site and Services are provided by 224 Industries Pty Ltd (ACN: 164 940 630) (we, us and our) to users (you and your).
We operate the Site, an online platform that provides website development and maintenance services (Services).
These terms and conditions govern your use of the Site and the purchase of the Services through the Site.
If we provide you Services, the terms and conditions on which we do so will be subject to us entering a Services Agreement or Website Care Agreement, depending on which Services we provide.
Use of the Site
When you create a provide your details through the Site you agree to comply with these terms and conditions.
You promise us that any details you provide to us when engaging through the Site, are true, accurate and complete when you submit them.
You promise us that:
- you are at least 18 years of age;
- any details you provide to us are true, accurate and complete when you submit them; and
- you will comply with any policies published by us on the Site.
You must not:
- impersonate others or misrepresent your affiliation with others;
- interrupt or attempt to negatively impact or alter the operation of the Site in any way; or
- use the Site in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory.
The Site may from time to time contain links to other websites. These are provided for convenience only. We have no control over or responsibility for anything on those websites. Any link to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
We will, to the best of our ability, ensure the Site is available for access at all times but are not responsible if you are not able to access the Site as a result of: (i) us undertaking preventative or remedial maintenance, or (ii) as a result of any circumstances beyond our control.
Whilst we take all due care in providing the Site, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the laws of Queensland, Australia.
We take all due care in ensuring that the Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Site or any linked Site.
When you purchase a Service on the Site you will be required to enter your payment details. We outsource this to Stripe, Inc. who are responsible for collecting, handling and storing your payment details. We do not accept any responsibility for any financial losses you may suffer through use of the Site.
To the extent permitted by the law, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.
Limitation of Liability
We exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.
You acknowledge that if you book a Service through the Site we are not responsible for any loss or damage that may result from that Service.
You acknowledge that some of risks cannot be eliminated. You specifically assume the risk of injury or harm arising from participating in any of the Services.
We do not exclude or restrict our liability for any matter which it would be unlawful for us to exclude or attempt to exclude our liability.
We are not responsible for:
- any injury (whether physical or mental) that occurs while you are using the Services; or
- any loss of property that occurs while you are you are using the Services.
To the full extent permitted by the law, our liability for our breach of any guarantee, condition or warranty is limited to the supply of the Site again or payment of the costs of having the Site supplied again.
We accept no liability for any loss caused in whole, or in part, by your misuse of the Site.
When you become a user of the Site you may provide us with some information about yourself. This information may be used by us to improve the Site functions and for our own records.
You acknowledge that any intellectual property rights including graphics, logos, design, or icons relating to the Site remain the property of us or our licensors.
We reserve the right to suspend or terminate your right to use the Site if, at any time, you breach these terms and conditions.
Monitoring use of the Site
We reserve the right to monitor your use of the Site for the purpose of ensuring that the Site is functioning as we intended and that users are complying with these terms and conditions.
Updates to the Terms and Conditions
We may change these terms at any time and, if we make changes, we will take reasonable steps to let you know about the changes. However, you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.
If you access the Site following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with changes to the terms and conditions, you can choose to no longer access the Site.
Any notice we send to you will be emailed to the email address that you provide to us when creating a profile on the Site.
If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland. You agree to submit to the jurisdiction of the courts in Queensland.
Published: February 2018