These Terms of Service (“Terms”) control your access to and use of AusStaker (“we”, “our” or “AusStaker”) websites, services, and applications (collectively the “Service”). Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms.

These terms apply to all users, visitors and others who access the service. By accessing the service you are accepting compliance with these terms. If you are using the Services on behalf on an entity (“The Entity”) including but not limited to an organisation, corporation, company or institute, then you are agreeing to these Terms on their behalf and are binding that Entity to these Terms. In this scenario, “you” and “your” refers to the Entity and yourself.

These terms and conditions comply with Australian Consumer Law.

SERVICE USAGE

You can utilise the Service upon acceptance of these Terms in addition to compliance with applicable local, state, national and international laws, rules and regulations.

This company is not liable for any damages resulting from the use (or misuse) of information provided by any service provided by this company.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information, materials and services found or offered by the Service for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

You acknowledge that the Service may change from time to time due to continual improvement, often without prior notice to you. In addition, The Service as a whole, or individual features may be temporarily or permanently stopped and we may not be able to provide prior notification.

Your use of any information, materials or services represented by this Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

The service may also include links or utilise functionality provided by other websites or services. These links and functionalities are included to provide further information, access to third-party websites, advertisers, services or other activities or events that are not controlled by us. They do not signify that we endorse the website(s) and services(s). We have no responsibility for the content of the linked website(s) or the functionality of the linked service(s). You agree to relieve us from any and all liability arising from your use of any external website, service or content. If you access those services you do so at your own risk and understand that these Terms and our Privacy Policy are not applicable for your use of those sites.

By using The Service, you are agreeing to the relevant Terms and Conditions of those third party services and are bound to them in addition to these Terms and Conditions.

ACCEPTABLE USE OF THE SERVICE

You agree not to misuse the Service. Examples you must not attempt to do include: Using the service for an unlawful purpose; Tamper with, access, or use non-public areas of the Service, computer systems, or the systems of AusStaker’s providers; Test, scan or probe the vulnerability of any system or network; Circumvent or breach any security or authentication measures; Interfere with or disrupt the Service, systems or networks including, but not limited to, flooding, overloading, sending a virus, spamming or mail-bombing the Service.

International users agree to comply with all local laws regarding acceptable use.

YOUR LICENSE

AusStaker will license to you a royalty-free, non-assignable, non-sublicensable, personal license to use the Service upon entering into a contract with us. This license assignment will be subject to these Terms. All rights which are not expressly granted in these Terms are reserved by AusStaker. We retain the right to terminate your license at any time for any reason.

ACCOUNT

Through establishing an account, or utilising a third party account for authentication and log-in you are enabling AusStaker to provide access to it’s Services. You must provide accurate details during account creation and you may never use another user’s account without permission. We hold the minimum level of personal information to authenticate you as a user and provide the functionality of the service. You are responsible for selecting and protecting the password used for accessing the Service. We encourage the use of strong passwords containing multiple characters and character types. AusStaker will not be liable for any loss or damage arising from failure to comply with the above direction. You must notify us of any suspected or known breaches of your account. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence, AusStaker will not be liable for those damages.

PRIVACY

AusStaker takes privacy of user data seriously. We store the minimum required account data and collect and use anonymous statistical data to enable the delivery of The Service. This is detailed further in our Privacy Policy. By using the Service you agree to have your data collected and used.

WARRANTY

The Service is provided on an as available and as it functions basis. The Service is provided with no warranties of any kind including but not limited to warranties of fitness for a particular purpose, non-infringement or merchantability. AusStaker does not warrant that the Service is accurate, reliable or correct, that the Service will meet your requirement, that the Service will be available at any particular time or location, secure or uninterrupted, that the Service is free of viruses or other harmful software or that any errors or defects will be corrected. Any downloaded content, including but not limited to reports, images and documentation is done so at your own risk and you will be solely responsible for any damage to your system or data loss that occurs as a result of such a download or your use of the Service.

We do not warrant or assume any responsibility for any linked third-party website or service which has been linked through AusStaker. Additionally, we will not be a party to any transaction between you and those third-party providers.

LIMITATION OF LIABILITY

In no circumstance will AusStaker, it’s Directors, Employees, Affiliated entities, Agents or Suppliers be liable for any damages that result from the use of, or inability to use, this Service. The definition of damages in this instance includes Punitive, Incidental, Special, Consequential or Exemplary damages and includes but is not limited to damages from loss of goodwill, profits, use, data or other intangible losses. Under no circumstances will AusStaker be responsible for any loss, damage or injury resulting from illegal activities including but not limited to Hacking, unauthorised access or tampering with the information contained therein.

Under no circumstances does AusStaker assume liability or responsibility for: errors, innacuracies, mistakes of results provided by the service; personal injury or property damage resulting from your use of the Service; unauthorised use of the Service; any interruption or cessation of the Service; any Bugs, viruses, trojans that have infected the Servers hosting the service; any errors or omissions in supporting documentation of the Service.

Under no circumstances will AusStaker, it’s Employees, Directors, Agents, Suppliers or Licensors be liable to you for any claims, proceedings, obligations, liabilities, damages, losses, costs or debts in an amount exceeding the amount you paid to AusStaker.

The Limitation of Liability outlined herein applies for all alleged liability scenarios, including if AusStaker have been advised of such damages. This Limitation of Liability shall apply to the fullest extent permitted by law in the applicable Jurisdiction. For Jurisdictions which do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, those relevant clauses above will not apply to the extent prohibited by applicable law.

The Service is operated from Australia and we make no commitment that the service is available or appropriate in other locations. For users accessing this Service from other locations, you do so at your own discretion and are responsible for compliance with all relevant Australian laws and regulations.

COPYRIGHTS AND TRADEMARK

This Service and it’s content is Copyright of AusStaker – © 2021. This Service contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, 'rolling blocks' logo and computing techniques used. Reproduction is prohibited.

All right and interest in the Service itself remains the exclusive property of AusStaker and its licensors. The Service is protected by Copyright and other state and national laws. You do not hold the right to use the AusStaker name or any trademarks, logos, domain names or other brand specifics.

Any feedback, suggestions or comments you may provide regarding the Service is voluntary and will be free to use that feedback or those suggestions or comments without any obligation to you.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

The intellectual property rights of others will always be respected by AusStaker. It is expected that users also respect these rights while using this service. AusStaker may choose to make use of selected open source software and libraries for various purposes.

INDEMNITY

You are in agreeance to indemnify and defend AusStaker and it’s licensee and licensors, their employees, directors, contractors, agents and officers from all damages, claims, obligations, losses, costs, liabilities, debt and expenses arising from your use of the Service. This includes any data or content transmitted by you, any other party’s access or use of the Service, or your violation of these terms, laws, rules or regulations.

MODIFICATIONS TO TERMS

These Terms may be modified at various intervals. By continuing to use the Service after revisions become effective, you agree to the new Terms. You will be notified of changes, at our discretion, by email (as linked to your account) or by updates on any news, social media or Terms page(s).

PAYMENTS

Payments for paid services and products are handled via relevant payment services. Any use of these external services are subject to their Terms and Conditions and Privacy Policies.

Prices for services and products are subject to change. This may occur with or without prior notice. For services or subscriptions which have been paid for prior to a pricing change, you will retain the service of the subscription to the service, as applicable, for the specified period purchased at the original price, and be subject to the new price on expiry of that period.

GENERAL

Information provided by the service during testing may be frequently updated, deleted, altered or replicated without notice. The service may also become unavailable at various times to enable repairs, maintenance or testing.

Your use of this Service and any dispute arising out of such use of the Service is subject to the laws of the state of South Australia.

The rights and licenses granted under these Terms and these Terms in themselves are only assignable by AusStaker without restriction and may not be reassigned or transferred by you. If any attempt to transfer or reassign these items is made they will be void. In the event a dispute cannot be resolved through direct interactions, nothing will prevent AusStaker from seeking inductive or other equitable relief from the courts as necessary to protect our proprietary interests. Any claims must be in the parties’ individual capacity, and not as a plaintiff or class member in any representative or class proceeding.

These terms represent the entire agreement concerning the Service between AusStaker and yourself. This includes any amendments or modifications to these terms. If any portion of these terms is deemed invalid, the invalidity of that portion will not effect the remaining provisions of these Terms.