About the Website
Welcome to www.jamesarmstrong.com.au (the ‘Website’). The Website provides information about graphic design services offered by James Armstrong (the ‘Information’).
The Website is operated by Surveillance Pty Ltd ABN 47 089 966 790 (‘Surveillance’). Access to and use of the Website is provided by Surveillance. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you must cease use of the Website.
Surveillance reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
Acceptance of these Terms
By remaining on the Website, you accept these Terms.
You will use the Website and Information only for purposes that are permitted by:
> the Terms; and
> any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You will not use the Website or Information in connection with any commercial endeavours except those that are specifically endorsed or approved by Surveillance.
You will not use the Website or Information for any illegal and/or unauthorised use which includes collecting information for the purpose of sending unsolicited email, or unauthorised framing of or linking to the Website.
You acknowledge and agree that any automated use of the Website or Information is prohibited.
Copyright and intellectual property
The Website and Information and related products and services of Surveillance are subject to and protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Information and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Surveillance or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Surveillance, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
> use the Website pursuant to the Terms;
> copy and store the Website and Information in your device's cache memory; and
> print pages from the Website for your own personal and non-commercial use.
Surveillance does not grant you any other rights whatsoever in relation to the Website or Information. All other rights are expressly reserved by Surveillance.
Surveillance retains all rights, title and interest in and to the Website and Information. Nothing you do on or in relation to the Website will transfer any of the following to you:
> business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
> a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; and
> a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
You may not, without the prior written permission of Surveillance and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Information or third party Information for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to Information which is freely available for re-use or in the public domain.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
> All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms or in another agreement you may make with Surveillance are excluded; and
> Surveillance will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Information or these Terms (including as a result of not being able to use the Website or Information when required), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and Information is at your own risk. The Website and Information is provided to you “as is” and “as available” without warranty or condition of any kind. None of the clients, affiliates, directors, officers, employees, agents, contributors and licensors of Surveillance make any express or implied representation or warranty about the Information or any related products or services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
> Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
> The accuracy, suitability or currency of the Website or Information or any related products or services, third party material and advertisements;
> Costs incurred as a result of you using the Website or Information or any related products or services; and
> The Information or operation in respect to links and features which are provided for your convenience.
Limitation of liability
Surveillance's total liability arising out of or in connection with the Website, Information or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Information to you.
You expressly understand and agree that Surveillance, its clients, affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
These Terms will continue to apply until terminated by Surveillance.
You agree to indemnify Surveillance, its clients, affiliates, employees, agents, contributors, third party Information providers and licensors from and against:
> all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Information;
> any direct or indirect consequences of you accessing or using the Website or attempts to do so; and/or
> any breach of these Terms.
Venue and jurisdiction
The Website and Information is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website or Information, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
These Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. These Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent legal advice
The parties to these Terms confirm they have taken the opportunity to obtain independent legal advice and declare that the provisions of these Terms are fair and reasonable and not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of these Terms shall remain in force.