The Sven website (Website) is operated by Sven Global Pty Ltd (ACN 648 221 210) (SVEN, we, us and our).
We may update and change our Website from time to time to reflect changes to our products, our users’ needs and our business priorities and may not necessarily be up to date or accurate at the time you view it.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which is used to access the Website. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
While we endeavour to take reasonable care in preparing and maintaining the information on our Website we do not warrant the accuracy, reliability, adequacy or completeness of any of the Website content. You acknowledge that the Website content may have technical inaccuracies and typographical errors.
Our Website is directed to users who are 15 years of age or older and are residing in and using the Website within Australia. We do not represent that content available on or through our Website is appropriate for use or available in other locations. If you access our Website from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Website from your location.
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
This Website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website.
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. We disclaim all liability for loss directly or indirectly arising from your use of or reliance on our Website or Website content.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, reliable, suitable, complete or up-to-date.
Where our Website contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only.
Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
If you wish to link to or make any use of content on our Website, you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it and must first contact firstname.lastname@example.org to seek our prior written approval. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
The content standards in this clause apply to any and all contributions made to this Website and use of social media features by users (User Contributions). User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards in this clause.
You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
To the maximum extent permitted by law, we exclude all liability for any loss or damage (including special, indirect or consequential loss, including loss of profits) arising out of or in connection with the use or operation of (or inability to use or operate) our Website or the Website content, except to the extent that the loss or damage is directly caused by our fraud or wilful misconduct.
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind arising out of or in connection with your use, or inability to use, our Website, any websites linked to it, any content on our Website or such other websites or any services or items obtained through our Website 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.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless 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 or your use of the Website, including, but not limited to your use of any information obtained from the Website and any use of the Website’s content, services and products other than as expressly authorised in these terms.
The internet is an insecure public network, which means there are risks that information sent to or from this Website may be intercepted, corrupted or modified by third parties. In addition, files obtained from or through this Website may contain computer viruses, disabling codes, worms or other devices or defects. You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks, and we accept no liability for any interference with, or damage to, your computer system, software or data occurring in connection with this Website.
We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your technology to access our Website. You should use your own virus protection software.
You may use the Website only for lawful purposes and in accordance with these terms. You agree not to use the Website:
Additionally, you agree not to:
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We may terminate or suspend any and all services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions. Upon termination or suspension of the services by us, your right to use the services, access the site, and any content will immediately cease with the exception of any ownership provisions, warranty disclaimers, and limitations of liability set out in these terms and conditions.
These Terms are governed by the law in force in the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are incorporated by this reference into these terms.