PixelRush

    Terms & Conditions

    Last Updated 7 July 2021

    1. INTRODUCTION

    • These Terms & Conditions govern your use of the website www.pixelrush.com.au (the Site).
    • The Site is owned and operated by the Trustee for Pixelrush Trust ABN 67 953 560 476 (referred to in these Terms & Conditions as our, we or us).
    • By accessing and using the Site you agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you must not use the Site.
    • These Terms & Conditions were last updated on 7 July 2021. We reserve the right to amend these Terms & Conditions from time to time. The latest version of these Terms & Conditions applies each time you access the Site.

    2. SITE USE

    By accessing this Site, you warrant to us that:

    • (a) you have the legal capacity to form a binding legal contract with us;
    • (b) you will not use any robot, spider, scraper, data mining tool, data gathering tool or any other automated means to access, copy or record any part of the Site;
    • (c) you will not attempt to gain unauthorised access to the Site and/or any account or computer system connected to the Site;
    • (d) you will not take any action that imposes an unreasonable load on our systems infrastructure;
    • (e) you will not obtain or attempt to obtain any data through any means from the Site other than in the course of ordinary use; and
    • (f) you will use the Site solely for lawful purposes.

    We reserve the right to restrict, suspend or terminate your access to the Site at any time if we reasonably believe you are breaching any of these Terms & Conditions.

    3. REGISTRATION

    Some parts of our Site may require you to register to access certain content. By registering to use our Site, you represent that all details you provide are accurate, complete and current. We reserve the right to access and verify any personal information submitted by or collected from you. However, unless otherwise stated, we are under no obligation to verify the accuracy, completeness or currency of any personal information submitted by you.

    4. INTELLECTUAL PROPERTY

    We retain ownership of all rights (including copyright, designs, inventions, trade marks and all other intellectual property) in all material on this Site (including text, graphics, logos, icons, sound recordings, video recordings, software and advertising) (the Materials).

    You are authorised to view and download the Materials for personal, non-commercial use only. You must not use the Materials for any other purpose without our written authorisation. Unless permitted by law, you must not adapt, copy, store, transmit, distribute, print, display, perform or publish the Materials.

    5. CONTENT

    • We may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the content at any time, without notice or liability.
    • You may provide feedback, ideas or suggestions to us about the Site from time to time (Feedback). We may use, copy, adapt and modify the Feedback for any purpose. You irrevocably assign any rights you have in the Feedback and agree that we may use the Feedback in any way we consider appropriate.

    6. THIRD PARTY MATERIALS

    We may display or contain links to content from third parties (including links to websites, software and services operated by third parties). Third party content is the responsibility of the person or entity who makes it available. We do not control, endorse or adopt any third party content and are not responsible for any third party content.

    7. WARRANTY AND DISCLAIMER

    • The content of this Site is provided on an "as is" basis for your general use and information only. Whilst we make every effort to ensure that the content of this Site is complete and accurate, the content is provided without any express or implied warranty of any kind.
    • If you rely on any content found on or through our Site you do so at your own risk. You should verify all content found on or through our Site before acting on it.
    • We do not guarantee, represent or warrant that our Site will always be available or be free of viruses or other harmful components, or that the server that makes our Site available is free of viruses or other harmful components.

    8. LIMITATION OF LIABILITY

    • To the extent permitted by law, in no event will we be liable for any direct, indirect, incidental, consequential or special losses or damages of any kind (including, without limitation, economic loss, loss of revenue, profits or goodwill, loss of contract, loss of data, personal injury and damage to property) arising from or related to your use of the Site, its content or any goods or services purchased from the Site, whether arising under statute, contract, tort (including negligence), or at equity.
    • Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

    9. INDEMNITY

    You agree to indemnify us and our officers, directors, employees and agents from any claim or demand made by any third party (including reasonable attorney's fees) arising out of your breach of these Terms & Conditions.

    10. SEVERABILITY

    If any of these Terms & Conditions are found to be illegal, void or unenforceable, that term will be severed from these Terms & Conditions and the remaining terms will continue in force.

    11. GOVERNING LAW

    These Terms & Conditions are governed by the laws of Victoria, Australia. Any disputes arising from or relating to these Terms & Conditions will be heard in the courts of Victoria.