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Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS ('TERMS') CAREFULLY BEFORE USING THIS SITE

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  1. Who we are and how to contact us
    www.softpanda.com.au is a website (‘Website’) operated SoftPanda as defined below.
    To contact us, please email hello@softpanda.com.au
     

  2. By using our Website you accept these Terms
    By using our Website and Services, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.
    We are the owner or the licensee of all intellectual property rights in our Services, Website, and in the material published on it. Nothing in these Terms transfers any rights to you. All such rights are reserved.
     

  3. We may make changes to these Terms
    We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time.
    These Terms were most recently updated on 1st October 2023.
     

  4. We may make changes to our Website
    We may update and change our Website from time to time to reflect changes to our products, our users' needs, changes in law and our business priorities.
     

  5. We may suspend or withdraw our Website
    We do not guarantee that the Services, our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
     

  6. Our Services

    1. Soft Panda provides services as listed and outlined in the Services page.

    2. In order for us to provide the Services to you, you will make sure that any information given to us by you, or anyone else working with or for you, is given promptly, is accurate and complete (‘User Contribution’). We will not verify any User Contribution given to us relating to the Services.

    3. Our performance depends on you performing your obligations under these Terms. We are not liable for any loss arising from you not fulfilling your obligations, including failing to or delay in providing the User Contribution or providing the User Contribution in the wrong format.

    4. You retain all of your ownership rights in your User Contribution, however by providing any User Contribution on the Website, you grant us and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for the purpose of providing the Services to you.

    5. Soft Panda shall have the right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the Website and related systems and technologies, and Soft Panda will be free (during and after the Term) to:

      1.  use such information and data to improve and enhance the Website and Services and for other development, diagnostic and corrective purposes in connection with the Website and Services and other Soft Panda offerings, and

      2. disclose such data solely in aggregate or other de-identified form in connection with its business.
         

  7. Your obligations

    1. You agree to comply with the following:

      1. ​you will use the Services only for purposes that are permitted by:

        1. the Terms; and

        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

      2. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Soft Panda providing the Services;

      3. You are solely responsible for securing and backing up your User Contribution.

      4. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Soft Panda;

      5. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; or

      6. You may print off one copy, and may download extracts, of any page(s) and your application form from our Website for your personal use.
         

    2. Except as permitted by law, you may not:

      1. decompile, "reverse engineer", disassemble, or otherwise attempt to derive the source code for the Website;

      2. broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Website or any part of the Website;

      3. post or link the Website or part of the Website on any website;

      4. use the Website for commercial purposes other than in accordance with these Terms; or

      5. modify the Website, create derivative works of or based upon the Website, or use the Website to develop any website having the same primary function as the Website.
         

  8. Payment

    1. In consideration for providing the Services to you, you will pay the fee for the Services as provided to you by Soft Panda.
       

    2. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, and any debt collection fees and charges associated with the payment.
       

  9. Privacy

    1. Soft Panda takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Soft Panda’s Privacy Policy, which is available on the Website.
       

  10. General Disclaimer

    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
       

    2. Subject to this clause, and to the extent permitted by law all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded.
       

    3. Use of the Website is at your own risk. Everything on the Website and the Services, are provided to you on an "as is" and "as available" basis, and subject to clause 11.1 is without warranty or condition of any kind. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

      2. the accuracy, suitability or currency of any information on the Website, or any of its content or related products;

      3. costs incurred as a result of you using the Website, the Website or any of the Services;

      4. the content of any third party links which are provided for your convenience.
         

  11. Limitation of liability

    1. Soft Panda’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
       

    2. Soft Panda will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
       

    3. Nothing in the Agreement will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law
       

  12. Termination of Contract

    1. The Terms will continue to apply until after the Service has been provided or until terminated by either you or by Soft Panda as set out below.
       

    2. If you want to terminate the Terms, you may do so before making any payment.
       

    3. Soft Panda may at any time, terminate the Terms with you if:

      1. you have breached any provision of the Terms or intend to breach any provision;

      2. Soft Panda is required to do so by law;

      3. the provision of the Services to you by Soft Panda is, in the opinion of Soft Panda, no longer commercially viable.
         

  13. Indemnity

    1. You agree to indemnify Soft Panda, its affiliates, employees, agents, contractors, contributors, third party content providers and licensors from and against:

      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

      3. any breach of the Terms.
         

  14. We are not responsible for viruses

    1. We do not guarantee that our Website will be secure or free from bugs or viruses or any other type of malicious code or software.
       

    2. You are responsible for configuring your technology to access our Website. You should use your own antivirus software.
       

  15. Dispute Resolution

    1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless both parties have attempted to resolve the dispute through mediation.
       

  16. Governing Law and Jurisdiction

    1. The Services offered by Soft Panda is intended to be viewed by residents of Australia. The Terms are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to the Website or Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
       

  17. Soft Panda

    1. The Website is provided by LAURENCE ALCAZAR trading as SOFT PANDA ABN 17 152 580 357 (‘Soft Panda, we, us and our’).

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