Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
Copyright notice
2.1 Copyright (c) 2007 – Fransiscus Asisi Herry
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
Limited warranties
5.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
5.2 We do not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful goods or conditions. If your use of our website results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
5.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
5.4 Our website are provided on an ‘as is’ basis without any warranties of any kind. We and our suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. We and our suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
Limitations and exclusions of liability
6.1 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
6.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
6.3 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6.4 We will not be liable to you in respect of any loss or corruption of any data, database or software.
6.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Disclaimer of Consequential Damages
7.1 In no event shall we, our suppliers, or any third parties mentioned at our website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
Links to Other Sites
8.1 Our website contain links to third party websites. These links are provided solely as a convenience to you and we are not responsible for the content of linked third-party websites and do not make any representations regarding the content or accuracy of material on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
Software Licences
9.1 All software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such Software (“End User License Agreement”). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.
Breaches of these terms and conditions
10.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) commence legal action against you, whether for breach of contract or otherwise; and/or
10.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Third party rights
11.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
11.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
General
12.1 Our Website is based in Victoria, Australia. We make no claims that the Materials are appropriate or may be downloadable outside of Australia. Access to the Materials (including Software) may not be legal by certain persons in certain countries. If you access our website from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by laws of Australia, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or Material on particular pages of our website, this agreement constitutes the entire agreement between you and us with respect to the use of our website. Any changes to this agreement must be made in writing, signed by our representative.
Variation
13.1 We may revise these terms and conditions from time to time.
13.2 If you have any questions about our privacy and cookies policy, or any other related matter, please feel free to contact us. You can reach us by using our website contact form, or by email at support at image2punch.com
13.3 This terms and condition of use was last update on 4th July 2018
