Terms of Service

These Terms and Conditions apply to the use of this website, including the purchase of goods and/or services using this website. This website (the “Site”) is operated by Ameliana, ABN 32 380 539 664 (we, our, or us). The Terms and Conditions are available at: www.ameliana.com.au

Consent

By using this Site for these or any other purposes, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Site. These Terms and Conditions must be read in conjunction with any other applicable terms governing the use of this Site, including our Privacy Policy.

Amendments to the Terms and Conditions

We may, at any time and at our discretion, vary these Terms by publishing the updated terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site are subject to change without notice. We do not undertake to keep our Site up to date, and we are not liable if any content is inaccurate or outdated.

Licence to Use Our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited Conduct

You must not do, or attempt to do, anything unlawful, prohibited by applicable laws, inappropriate, or which might bring us or our Site into disrepute. This includes (but is not limited to):

  • (a) Breaching an individual’s privacy (including uploading private or personal information without consent);
  • (b) Using the Site to defame, harass, threaten, menace or offend any person;
  • (c) Interfering with any user of the Site;
  • (d) Tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or interfering with our Site (e.g., using Trojan horses, viruses, or pirating routines);
  • (e) Using the Site to send unsolicited emails; or
  • (f) Assisting a third party to do any of the above.

Exclusion of Competitors

You are prohibited from using our Site or its content in any way that competes with our business.

Information Disclaimer

The content provided on the Site is general in nature and not comprehensive. It does not consider your specific needs, objectives, or circumstances and does not constitute advice. While we take reasonable steps to ensure accuracy, we make no representation or warranty regarding the content, to the maximum extent permitted by law.

Intellectual Property Rights

Unless otherwise indicated, we own or licence all rights, title, and interest (including intellectual property rights) in the Site and its content. Your use of the Site does not grant you any rights in relation to the content. You must not:

  • (a) Copy or use any content (in whole or in part);
  • (b) Reproduce, retransmit, distribute, publish, or circulate any content to third parties; or
  • (c) Breach intellectual property rights associated with the Site or content, including altering, framing, embedding, or creating derivative works.

User Content

You may be permitted to post, upload, or submit content ("User Content") on our Site. By doing so, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use, adapt, display, distribute, and otherwise exploit the User Content through our Site.

You warrant that:

  • (a) You own or have the rights to all User Content you post;
  • (b) Your User Content does not infringe any third party’s intellectual property, privacy, or other legal rights;
  • (c) Your content does not violate any laws.

We do not endorse, and are not responsible for, any User Content. We may remove content at our sole discretion at any time.

Third-Party Sites

Our Site may contain links to third-party websites. Unless expressly stated, we do not control, endorse, or approve third-party content. You should make your own enquiries about the suitability of those websites.

Discontinuance

We may discontinue or restrict access to the Site (in whole or in part) at any time without notice. We are not liable for any resulting loss or inconvenience.

Warranties and Disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the content, including that:

  • (a) It is complete, accurate, or up to date;
  • (b) Access will be uninterrupted, error-free, or virus-free;
  • (c) The Site will be secure.

You use the Site and its content at your own risk.

Limitation of Liability

To the fullest extent permitted by law, we are not liable for any loss or damage (direct or indirect, current or future, known or unknown) arising from your use of the Site, including interruptions, data loss, or reliance on outdated or incorrect content.

Indemnity

You agree to indemnify us against any liability or loss we suffer arising from your use of the Site or breach of these Terms. This obligation continues after the termination of these Terms.

Termination

These Terms remain in effect until terminated by us, which may occur at any time without notice. All restrictions, disclaimers, and indemnities will survive termination.

Dispute Resolution

If a dispute arises under these Terms:

  1. The party raising the dispute must notify the other in writing, proposing a resolution.
  2. Within 7 days, senior representatives must meet in good faith to resolve it.
  3. If unresolved within 21 days, either party may refer the dispute to litigation.

All discussions remain confidential except for the fact of the meeting.

Severance

If any provision of these Terms is deemed invalid or unenforceable, it will be read down or removed, and the remainder of the Terms will continue in effect.

Jurisdiction

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria and any courts that hear appeals from them.

Our Site may be accessed from outside Australia. If you access it internationally, you are responsible for complying with local laws and do so at your own risk.

For any questions and notices, please contact us at:

Ameliana and ABN: 32 380 539 664

Email: hello@ameliana.com.au

Last update: 17/05/2024