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    Terms of Service

    Effective Date: July 1, 2023

    These Terms of Service ("Terms") govern your access to and use of www.ozziegeeks.com.au ("the Website" or "Site"), operated by Ozzie Geeks Pty Ltd ("we," "us," "our," or "Ozzie Geeks"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any of these Terms, you must not use or access the Website.

    1. Acceptance of Terms

    • Acceptance: Your use of the Website constitutes your acceptance of these Terms and any policies referenced herein, including our Privacy Policy.
    • Updates: We reserve the right to amend, modify, or replace any portion of these Terms from time to time. Changes will be effective upon posting of the updated Terms on the Website, or as otherwise specified. Your continued use of the Website after such changes are posted constitutes your acceptance of the amended Terms.

    2. Eligibility and Use

    • Age Requirement: You must be 18 years of age or older (or the legal age of majority in your jurisdiction) to use this Website.
    • Compliance with Laws: You agree to comply with all applicable laws, statutes, regulations, and codes when using the Website, including (but not limited to) the Competition and Consumer Act 2010 (Cth).
    • Accurate Information: If you create an account, you warrant that the information you provide is accurate, up to date, and complete, and you will maintain the accuracy of such information.

    3. Intellectual Property

    • Ownership: All content on the Website, including (but not limited to) text, graphics, logos, icons, images, audio clips, video clips, downloads, data compilations, software, and the compilation thereof (collectively, "Content"), is the property of Ozzie Geeks or its content suppliers. The Content is protected under Australian and international copyright, trademark, and other intellectual property laws.
    • Limited Licence: We grant you a limited, revocable, non-exclusive, and non-transferable licence to access and use the Website strictly in accordance with these Terms. You must not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, or create derivative works from any Content without our express written consent.
    • Trademarks: All trademarks, service marks, and trade names (including logos) used on the Website are proprietary to Ozzie Geeks or other respective owners. Nothing contained on this Website should be construed as granting any licence or right to use any trademark without our prior written permission or that of the third party who owns the trademark.

    4. User-Generated Content

    User Responsibility: If the Website allows you to submit or upload content (including text, comments, images, videos, or other material), you are solely responsible for any such content ("User Content") you provide. You warrant that your User Content:

    • Does not infringe any third-party rights, including intellectual property rights and privacy rights.
    • Is lawful, accurate, and not misleading, defamatory, offensive, or otherwise objectionable.
    • Does not contain viruses, malware, or any other harmful components.

    Licence to Use: By submitting User Content, you grant Ozzie Geeks a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use, reproduce, distribute, display, and perform your User Content in connection with the Website and our business.

    Removal: We reserve the right, but do not have an obligation, to review and remove any User Content that violates these Terms or is otherwise objectionable at our sole discretion.

    5. Prohibited Conduct

    You agree that you will not:

    • Use the Website in violation of any applicable laws or regulations.
    • Attempt to gain unauthorised access to any portion or feature of the Website or any other systems or networks connected to the Website or to any server used by Ozzie Geeks.
    • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.
    • Engage in any conduct that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
    • Upload, post, or transmit any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability.
    • Harvest or collect any information about or regarding other users without their express consent.

    6. Third-Party Links and Services

    • External Sites: The Website may contain links to third-party websites or services that are not owned or controlled by Ozzie Geeks. We have no control over and assume no responsibility for the content, privacy policies, or practices of these third-party websites.
    • Disclaimer: We provide these links only as a convenience and the inclusion of any link does not imply endorsement by Ozzie Geeks. You access any third-party websites at your own risk.

    7. Disclaimer of Warranties

    • As Is Basis: To the fullest extent permitted by law, the Website and Content are provided on an "as is" and "as available" basis.
    • No Warranty: We do not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components.
    • Consumer Guarantees: Nothing in these Terms excludes, restricts, or modifies any non-excludable statutory rights you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable laws. To the extent that we can limit the remedies available to you, we expressly limit our liability as set out in these Terms.

    8. Limitation of Liability

    • Exclusion of Certain Damages: To the maximum extent permitted by law, Ozzie Geeks and its officers, directors, employees, agents, and representatives will not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use of, or inability to use, the Website or Content.
    • Limit on Liability: To the extent permitted by law, in no event shall our aggregate liability (whether in contract, tort, statute, or otherwise) exceed the total amount of fees received from you (if any) for access to or use of the Website in the 3 months immediately preceding the event giving rise to the claim.
    • Australian Consumer Law: If we are found liable for any breach of any non-excludable condition or warranty implied by the Australian Consumer Law, our liability is limited (at our option) to:
      • The supplying of the services again; or
      • The payment of the cost of having the services supplied again.

    9. Indemnity

    You agree to indemnify, defend, and hold harmless Ozzie Geeks, its officers, directors, shareholders, employees, agents, and affiliates from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

    • Your use of the Website or Content.
    • Your breach of these Terms or any policy referenced herein.
    • Your violation of any law or the rights of a third party.

    10. Termination

    • Termination by Ozzie Geeks: We may suspend, restrict, or terminate your access to the Website (including any accounts you have) at any time, without notice, for any reason, including (but not limited to) a breach of these Terms.
    • Effect of Termination: Upon termination, your right to use the Website will immediately cease, and we may delete any User Content or other data associated with your account. We shall not be liable to you or any third party for any claims or damages arising out of any termination of your access to the Website.

    11. Governing Law and Jurisdiction

    • Governing Law: These Terms are governed by the laws of the State of Queensland and the Commonwealth of Australia.
    • Dispute Resolution: You agree to submit to the exclusive jurisdiction of the courts of Queensland in Australia in respect of any dispute arising out of or related to these Terms or your use of the Website.

    12. Severability

    If any provision of these Terms is found to be invalid, unenforceable, or illegal for any reason, that provision shall be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions.

    13. Entire Agreement

    These Terms, together with any other legal notices or policies published by us on the Website (including any Privacy Policy), constitute the entire agreement between you and Ozzie Geeks regarding your use of the Website and supersede all prior agreements, negotiations, and communications, whether written or oral, relating to the subject matter hereof.

    14. Contact Us

    If you have any questions, concerns, or feedback regarding these Terms or the Website, please contact us at:

    Email: info@ozziegeeks.com.au