Agreement to Our Legal Terms
We are __________ ("Company," "we," "us," "our"), a sole trader operating under Australian law.
We operate griffs.au, as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").
You can contact us by email at __________ or by mail to __________.
These Legal Terms constitute a legally binding agreement between you and Griffs concerning your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, you must discontinue use immediately.
We reserve the right to make changes to these Legal Terms at any time. We will update the "Last updated" date at the top of this page when changes are made. Your continued use of the Services after any changes constitutes your acceptance of the revised terms.
We recommend you print or save a copy of these Legal Terms for your records.
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.
2. Intellectual Property Rights
Our intellectual property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws and treaties around the world. The Content and Marks are provided through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
No part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use for any lawful purpose without acknowledgment or compensation to you.
You are solely responsible for your Submissions and expressly agree to reimburse us for any losses we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.
3. User Representations
By using the Services, you represent and warrant that:
- You have the legal capacity and agree to comply with these Legal Terms;
- You are not a minor in the jurisdiction in which you reside;
- You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Services for any illegal or unauthorised purpose; and
- Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Services.
4. Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile a collection, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
- Engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person.
- Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents.
- Attempt to bypass any measures of the Services designed to prevent or restrict access.
- Use the Services as part of any effort to compete with us or for any revenue-generating endeavour without our consent.
5. User Generated Contributions
The Services do not offer users the ability to submit or post content publicly. We may provide you with the opportunity to submit content directly to us, including text, photographs, or other material relating to your service enquiry ("Contributions"). When you create or make available any Contributions, you represent and warrant that the content is accurate, does not violate any applicable law, and does not infringe the rights of any third party.
6. Contribution Licence
You and Griffs agree that we may access, store, process, and use any information and personal data that you provide in accordance with our Privacy Policy and your choices.
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and expressly agree to exonerate us from any responsibility regarding them.
7. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, or limit the availability of any of your Contributions or any portion thereof; (4) remove from the Services or disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
8. Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may disable all files and content that you have submitted at any time, without warning, at our sole discretion.
We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress where necessary.
9. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems requiring maintenance that results in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.
10. Governing Law
These Legal Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia. Griffs and yourself irrevocably consent that the courts of New South Wales shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
11. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), the parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any formal proceedings. Such informal negotiations commence upon written notice from one party to the other.
Restrictions
The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis.
Exceptions
The parties agree that the following Disputes are not subject to informal negotiations: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief.
12. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
13. Disclaimer
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the Services' content and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage resulting from your access to and use of the Services, or any interruption or cessation of transmission to or from the Services.
Important: Griffs is not liable for any data loss that may occur to your device during the course of any repair or service. You are responsible for maintaining backups of your data prior to any service being performed.
14. Limitations of Liability
In no event will we or our agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by Australian law, our liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us for the specific service giving rise to the claim.
15. Indemnification
You agree to defend, indemnify, and hold us harmless, including our respective officers, agents, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any harmful act toward any other user of the Services.
16. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we take reasonable care with data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed via the Services.
18. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
19. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Griffs Computer Repair & Prevention
ABN: __________
Email: __________
Phone: __________
Location: Sydney, NSW, Australia