Terms of Service

Last Updated: 23 April 2022

OVERVIEW

This website is operated by Requiem Technologies Pty Ltd ACN 651 078 849(“Requiem Technologies”). Throughout the website , the terms “we”, “us” and “our” refer to Requiem Technologies. Requiem Technologies offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us (whether an item, product or a service), you engage in our “Service” and accept, and agree to be bound by, the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website , including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. A reference to “this agreement” is a reference to the agreement constituted by your acceptance of, and on the terms of, the Terms of Service.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website , you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

You may not use our products or other Service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or other intellectual property laws).

You must not transmit any worms or viruses or any code of a destructive nature.

Without limiting any other rights we may have under these Terms or at law, a breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse the provision of any Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or website, use of the Service or website, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us (which, at our absolute discretion, may be refused or granted with conditions).

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website is inaccurate, incomplete or not current. The material on this website is provided for general information only and should not be relied on or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk. We strongly recommend that you obtain independent professional advice prior to making any decision based on information contained on this website (including in relation to the provision of any Service).

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products or any Service are subject to change without notice.

We reserve the right at any time to modify, suspend, discontinue or change the price of any Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis (at our sole discretion). We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on this website is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per organisation, per household or per order. Without limitation, these restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors (or which appear to be contrary to, or associated with an act which is or may be contrary to, law).

You agree to provide current, complete and accurate purchase and account information in connection with all purchases made on this website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools, resources, services or features (each described in this Section 7 as a ”tool”) over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools, and you unconditionally and irrevocably agree that any such liability is expressly excluded.

Any use by you of tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties (and you unconditionally and irrevocably agree that any such liability is expressly excluded).

We are not liable for any harm or damages related to the purchase or use of goods, services, products, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party's terms, conditions, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party goods, services, products, resources, content or transactions should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to:

(1) maintain any comments in confidence;

(2) pay compensation or provide any other consideration for any comments; or

(3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property (including moral rights) or these Terms of Service.

You represent, warrant, undertake and agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary (including intellectual property) right. You further represent, warrant, undertake and agree that your comments will not contain libelous, defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website or otherwise damage or impair (including the value of) any undertakings or assets (including goodwill) of Requiem Technologies or any third-party. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. We take no responsibility and assume no liability for any comments posted by you or any third-party. You are solely responsible for any comments you make and their accuracy, and (without limiting Section 13 of these Terms of Service) you hereby unconditionally and irrevocably indemnify Requiem Technologies and each other Relevant Person (as defined in Section 13 below) for any loss, cost, damage or expense incurred in connection with any such comments.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product or other Service descriptions, pricing, promotions, offers, product shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). order).

We are not under any obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website, its content or services/products:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of any Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of a Service will be accurate or reliable.

You agree that from time to time we may remove all or any of the Services for indefinite periods of time or cancel any Service at any time, without notice to you.

You expressly agree and agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no case shall Requiem Technologies, its directors, officers, employees, affiliates, agents, attorneys, contractors, interns, suppliers, service providers or licensors (each a “Relevant Person”) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any other or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or in connection with your use of our website of the provision of any Service (including any information, service or products procured or obtained using the Service or our website), or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability in certain circumstances, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You irrevocably acknowledge and agree that this Section 13 survives the termination of this agreement and is for the benefit of Requiem Technologies and each other Relevant Person.

SECTION 14 - INDEMNIFICATION

You unconditionally and irrevocably agree to indemnify, defend and hold harmless Requiem Technologies and its parent, subsidiaries, associates, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from or in connection with any claim or demand, including legal fees, costs and expenses, made by any person or entity (including a third-party) due to or arising out of or in connection with your breach of these Terms of Service or the agreements or documents they incorporate by reference (or which arise in connection with the Services or these Terms of Service), or your violation of any law (whether statute or common law and including international, federal, provincial, state and local laws) regulations, rules or ordinances or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any and all other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities you incur prior to the date of termination of this agreement survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination (and ant other amounts that may become payable under or in connection with these Terms and Conditions following termination including, without limitation, pursuant to an indemnity); and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision (or any other right or provision of these Terms of Service).

These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior agreement or versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace all or any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or any Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at joshuap@requiemtech.com.au.