Terms of Service


Effective: August 15th, 2019.

Thanks for using this service by Peter Caffin, located in Perth, Western Australia. By using the service, you are agreeing to these terms. Please read them carefully.

Using the service

You must follow any policies made available to you within the Services.

Your account should use your legal name to ensure, even in the case of technical mishap, a registration payment processed can be matched to the right account.

Don't misuse the service. For example, don't interfere with the services or try to access them using a method other than the interface and the instructions that are provided. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information.

The service has been designed to be accessible on screens of all sizes, including on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Warranties and disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.

Other than as expressly set out in these terms or additional terms, neither Peter Caffin nor his suppliers or distributors make any specific promises about the Services. For example, we don't make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services "as is".

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Where the service is provided with a free trial before you purchase, all sales are presumed final. Please be certain you have thoroughly tested the service before purchasing full access. No refund will ever be given for access that was given to an account-holder for free.

Liability

When permitted by law, Peter Caffin, and Peter Caffin's suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of Peter Caffin, and his suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

In all cases, Peter Caffin, and his suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

Business use of the service

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Peter Caffin and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and lawyers fees.

Links to third party websites

This site includes hyperlinks to other web sites. We aim to ensure those links are clearly marked, as in this example. We have no control over any web sites or resources which are provided by companies or persons other than ourselves. We are not responsible for the availability, advertising, products or other materials on such web sites or resources.

This website is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

About the Terms

These terms may be over-ridden by more specific Terms of Service for specific products and services. Where they exist, those Terms of Service shall be deemed to be in force rather than those appearing here.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Peter Caffin and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The courts in some countries will not apply Western Australian law to some types of disputes. If you reside in one of those countries, then where Western Australian law is excluded from applying, your country's laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of Western Australia will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Western Australia, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Western Australia, and you consent to personal jurisdiction in those courts.

Contact

You may contact us if you have concerns about these Terms of Service.

Alternatively, you can write to us at:

caffin.biz Administrator
PO Box 36
Dianella WA 6059
AUSTRALIA