1. Introduction

Term and Conditions of Website1. IntroductionEntwined Signage PTY LTD, Trading as Entwined, is a Technology Business and Digital Creative Service that offers technology integrations predominantly for government, retail and corporate entities. Technology integrations predominantly includes (but is not limited to) all hardware and software involved in operating a content/communication system, with the ability for clients to collect their unique location specific data. This Document constitutes an agreement (“Agreement”) which creates binding obligations, legal and contractual rights and responsibilities, between you and Entwined Signage Pty Ltd, a company incorporated in Australia and the owner of the trading name “Entwined”, and is referred to herein interchangeably as “Entwined”, “us”, “we” and “our”. If you do not agree with any of the Terms contained within this document, you must immediately cease using our Website. We reserve the right to modify our Terms or Privacy Policy in the future, and such modifications must also be agreed to by you in a formal recorded manner should you wish to continue using our Website. In order to use our Website, you must be over the age of 13. We assume the right to check that any user meets the age requirement and to prohibit any user we believe, in our discretion, does not meet the age requirement. We do not agree that any such person who is prohibited by the age requirement from use of Entwined Signage PTY LTD has any claim as a result of such prohibition.

These terms are incorporated by reference to and made a part of our Privacy Policy as if it was set out fully in that document.

2. Licence to use our Website

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

3. Description of Website Information

Entwined provides this website for the purpose of locating industry and company related product and service information. This information is provided in a showcase and blog format and is only a general indication of the products and services Entwined have previously provided to clients in the past and may provide to clients in the future. While all information provided is representative of the work we undertake, it is not a guarantee of Products or Services that are available. 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.

4. Exclusion of competitors

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

5. Restrictions and Limitations

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Website; which we would consider inappropriate; or which might bring us or our company 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;

using our Website to defame, harass, threaten, menace or offend any person;

interfering with any user using our Website;

tampering with or modifying our Website, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website;

using our Site to send unsolicited email messages; or

facilitating or assisting a third party to do any of the above acts.

6. General Restrictions

You agree not to:

commercially exploit this website in any way

copy or reproduce the content published in this website in any way;

reverse engineer, decompile, disassemble, translate, or prepare derivative works of the website, or otherwise modify the same, in whole or in part;

violate the rules of conduct listed in these Terms;

remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained within the website; or

otherwise access or utilise the website in any manner other than permitted by these Terms.

7. Rules of Conduct

When using our website you agree that you will not:

Violate any provision of law applicable in the United States or the EU.

Violate any applicable legislation, treaty, any law in force in Australia or any other political entity having jurisdiction over this Agreement, you, Entwined PTY LTD, or the Service that we provide.

Hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Service or users.

Run any bots or other software to aggregate or browse our content.

Infringe on anyone’s intellectual property rights.

If we allow you to post to our Website for any reason, we reserve the right to remove that information at our sole discretion.

Defame anyone or do anything that is illegal.

Use our Website for fraud.

Provide false or inaccurate information.

Impersonate any person or business entity or misrepresent your affiliation with a person or entity.

Collect or store personal information about users of our Website.

Otherwise act in a manner which, at Entwined PTY LTD’s sole discretion, is objectionable.

8. Limitations on Liability

In no event shall Entwined PTY LTD, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
errors, mistakes, or inaccuracies of content,

personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, products or services,

any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,

any interruption or cessation of transmission to or from our services,

any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

In the event you experience a problem with our website you agree that your sole remedy is to stop using our Website service.

For your convenience, the following are some important details of this Agreement that affect your rights and remedies:

Your ability to use or interact with our Website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.

Entwined Signage PTY LTD shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, the entire liability of Entwined PTY LTD, its affiliates and suppliers for all claims relating to this agreement shall be limited to the minimum amount, if such a minimum exists.

9. Disclaimer of warranties

Our Website is offered “as-is”. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or the information displayed, for reasons including, but not limited to, product discontinuations, service restrictions, negligence, or any other sort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.

You agree that we are not responsible in any way for information made available by third parties through our Website. We are not liable for any failure of services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our Website which prevent access to our Website temporarily or permanently.

The provision of our service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this “disclaimer of warranties” section shall be construed to limit the generality of the first paragraph of this section.

10. For jurisdictions that do not allow us to limit our liability

Notwithstanding any provision of these terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:

death or personal injury caused by its negligence or that of any of its officers, employees or agents; or

fraudulent misrepresentation; or

any liability which it is not lawful to exclude either now or in the future.

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” you hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.

11. Indemnity

You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Website to you, including any damages caused by your legitimate use of our Website, or by your breach of this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial

12. Copyright

You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Website without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on Entwined PTY LTD. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data or point keeping systems but may also infringe on a third party’s copyright.

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 Website 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.

13. Copyright Notices

We are serious about copyright infringement. For that reason, if you believe that your copyright has been infringed, please send us a message which contains:

Your name.

The name of the party whose copyright has been infringed, if different from your name.

The name and description of the work that is being infringed.

The location on our Website which is infringing your copyright.

A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at: wpadmin@entwined.com.au

14. 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.

15. Jurisdiction

This Agreement shall be governed by the laws in force in Queensland, Australia. The offer and acceptance of this contract is deemed to have occurred in Queensland, Australia.

Each of the parties to this Agreement irrevocably agrees that the courts Queensland, Australia shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of England.

In the case that a claim is brought by you against us in a jurisdiction other than Queensland, Australia, you agree that we may request the dispute be dismissed and hold you responsible for our reasonable legal fees and costs provided you fail to withdraw the claim after receiving written notice from us requesting the same.

16. Third party sites

Our Website 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.

17. Discontinuance

We may, at any time and without notice to you, discontinue our Website, in whole or in part. We may also exclude any person from using our Website, 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.

18. Severability

Each and every clause contained herein shall be deemed severable. In the event that a clause of this Agreement is deemed either unlawful, unenforceable or conflicting with another clause of this Agreement than that clause shall be severed, and the rest of the Agreement shall remain in force. In the event that there is a conflict between two clauses of this Agreement, Entwined Signage PTY LTD retains the sole right to elect which provision is to be severed and which provision is to remain in force.

19. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You must visit this page each time you come to our Website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement. You must agree to the amendments as a condition of your continued use of our Website and Service. If you do not agree, you must immediately cease using our Website and Service and notify us of your refusal to agree by e-mailing us at wpadmin@entwined.com.au.

20. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

21. Entire Agreement

These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us