Terms and Conditions

Welcome to StoneGye.DIGITAL

This website, with URL address, http://www.StoneGye.DIGITAL is owned and operated by StoneGye.COM (ABN: 40957496750). 

Your continued use of this site, indicates your agreement to comply and be bound by the following terms and conditions of use, which together with our privacy policy govern your relationship with and to StoneGye.DIGITAL

Should you not agree, you may not use this website.

The term ‘StoneGye.DIGITAL’ or ‘our’ ‘us’ or ‘we’ refers to StoneGye.DIGITAL, the owner of the site, whose registered office is ABN: 40957496750, Queensland. 

The term ‘you’ or ‘your’ refers to you, the site user.

You must comply with the following terms and conditions to use this site:

  1. The content of this website is for your general information and use only.
    It can change without prior notice. 
  2. This website uses cookies to monitor browsing preferences.
    If you allow cookies to be used, the following personal information may be stored by us for use by third parties:
    Your IP address, how long you browse, what pages you visit, where you are from, where you go, your FB profile and or any other social media ID you use on a regular basis.
  3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
    You acknowledge such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law. 
  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
    It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  5. This website contains material which is owned by or licensed to us.
    This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website.
    Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. 
  6. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
  7. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
  8. This website may also, on occasion, include links to other websites which are not controlled by us.
    These links are provided for your convenience to provide you with further information.
    You acknowledge that they are used at your own risk.
    They do not signify that we recommend or endorse the websites.
    We have no control over the nature, content and availability of those websites. 
  9. Your use of this website and any dispute arising out of your use of it is subject to the laws of Queensland, Australia and the countries from which you may be accessing the site.
  10. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
  11. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed.
    You must refer to the individual warranty relevant to any particular product or service.
  12. These terms and conditions may be amended from time to time.
    Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
  13. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
  14. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
  15. Every effort is made to keep the website up and running smoothly.
    However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied 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 out-of-date.

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: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  • Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  • Asing our Site to defame, harass, threaten, menace or offend any person;
  • Interfering with any user using our Site;
  • Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  • Using our Site to send unsolicited email messages; or
  • Facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our enterprise.

Information

The Content is not comprehensive and is for general information purposes only.

It does not take into account your specific needs, objectives or circumstances, and it is not advice.

While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, 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 our Site and all of the Content.
Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.

You must not:

  • Copy or use, in whole or in part, any Content; 
  • Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  • Breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site.
By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site.

You represent and warrant that: 

You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

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

Third party sites

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.

You should make your own investigations with respect to the suitability of those websites.

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part.

We may also exclude any person from using our Site, at any time and at our sole discretion.
We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion

Warranties and disclaimers

the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:To 

  1. They are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. Access will be uninterrupted, error-free or free from viruses; or
  3. Our Site is secure
  4. You read, use and act on our Site and the Content at your own risk.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you.
This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.
It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you.
In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution.
Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.
All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Site and these Terms are governed by the laws of Queensland, Australia.
You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.
If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact via

StoneGye.COM 151/10 Albert Avenue, Broadbeach QLD 4218
Email:care@stonegye.digital
Last update: October 2020

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