THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 9 LIMITS OUR LIABILITY IN RESPECT OF THESE TERMS OF USE AND THE SERVICES.
Castlery Terms Of Use
Last updated on May 8, 2024
1. TERMS OF USE
These terms of use (the “Terms of Use”) are entered into by and between you (acting in your capacity as an employee or other representative of your company or other entity, if applicable) (“you”) and Castlery Pty Ltd, an Australia company (Australian Company Number (ACN) 615061679) having its registered address at L21, 233 Castlereagh Street, Sydney NSW2000, Australia (“Castlery”, “we”, or “us”). These Terms of Use apply to your access and use of our various websites and our services available through any of our websites, including any APIs, email notifications, buttons and widgets (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the “Content”). Please read these Terms of Use carefully before you use the Services. By using the Services or by clicking to accept or agree to these Terms of Use, you agree to be bound by these Terms of Use. You acknowledge that these Terms of Use contain legally binding terms and conditions that affect your legal rights and remedies.
2. OTHER APPLICABLE TERMS
You acknowledge that our Privacy Policy also applies to your use of our Services and the processing of any personal data we collect from you, or that you provide to us. By using the Services or by clicking to accept or agree to our Privacy Policy, you agree to be bound by our Privacy Policy, including but not limited to your consent to the collection, processing and use of any personal data collected from you and the transfer of such personal data both within and outside of Australia for storage, processing and use by us. As part of providing you the Services, we may provide you with certain communications, such as service announcements and administrative messages.
3. SALE OF PRODUCTS VIA OUR SERVICES
You may purchase the products we offer for sale on our websites as part of our Services. If you have any questions regarding our products, or our sales and refund policies, please refer to the Sales & Refunds Terms and Conditions.
4. CHANGES TO OUR SERVICES
The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice of such. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
5. ACCESSING OUR SERVICES
5.1 Our Services are made available free of charge, except as set forth on our websites.
5.2 We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice to you. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
5.3 You are responsible for making all arrangements necessary for you to have access to our Services.
5.4 You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
6. YOUR RIGHT TO USE THE SERVICES
Subject to these Terms of Use, Castlery hereby grants to you a personal, limited, worldwide, revocable, royalty-free, non-assignable, non-sublicensable, and non-exclusive right to use the Services. This right is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Castlery, in the manner permitted by these Terms of Use.
7. OUR INTELLECTUAL PROPERTY RIGHTS
7.1 All intellectual property rights subsisting in respect of the Services belong to Castlery or have been lawfully licensed to Castlery for use in connection with the Services. All rights under applicable laws are hereby reserved. These Terms of Use contain no implied licenses. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Services or create derivative works with respect thereto, as the website is copyrighted under applicable laws.
7.2 To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on or in connection with the Services is correct, current, and complete. You hereby consent to all actions we take, consistent with our Privacy Policy and these Terms of Use, with respect to all information you provide to or in connection with the Services, including through the use of any interactive features on the Services. We may disable any username, password, or other identifier at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
7.3 You agree that we are free to use, disclose, adopt and modify any and all ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive any and all rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
8. YOUR RIGHTS
8.1 Except as set forth in these Terms of Use, you retain your rights to any content you submit, post or display on or through the Services, including, but not limited to, any review posted by you on our websites (“Your Content”). You acknowledge, represent and agree that Your Content is submitted voluntarily and is not confidential or proprietary, and that Your Content does not establish a relationship between you and us except as set forth in these Terms of Use. You hereby grant the Company and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, sublicensable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of Your Content, except as otherwise prohibited by applicable law or these Terms of Use. You waive any right to compensation of any type for Your Content, except as otherwise provided in these Terms of Use. You represent and warrant that you either own all of Your Content or otherwise have all rights necessary to grant the rights in these Terms of Use and that use of Your Content by us does not violate any law. You may not upload to, distribute, or otherwise publish through or in connection with the Services any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offence, violate the rights of any party or that may otherwise give rise to liability or violate any law.
8.2 You agree that we may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media.
8.3 You are responsible for your use of the Services, for Your Content, and for any consequences thereof, including the use of Your Content by other users and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Your Content for such use, it may subject you to liability. We will not be responsible or liable for any use of Your Content by us in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein in relation to Your Content that you submit.
8.4 We have the right to disclose your identity to any third party who is claiming that any of Your Content posted or uploaded by you to the Services constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Services.
9. LIMITED LIABILITY AND WARRANTY
Please read this section carefully since it limits the liability of Castlery and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of Castlery”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. We do not accept any responsibility whatsoever in respect of such information.
9.1 Your access to and use of our Services is at your sole risk and is provided “as is” and “as available”. The Services are for your personal use only and the Entities of Castlery make no representation or warranty of any kind, expressed or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or non-infringement. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete or up to date.
9.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ENTITIES OF CASTLERY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THESE TERMS OF USE OR YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
9.3 THE AGGREGATE LIABILITY OF THE ENTITIES OF CASTLERY TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES ON OR PROVIDED IN CONNECTION WITH THE SERVICES OR SUCH OTHER WEBSITES WILL NOT EXCEED $200 AUSTRALIAN DOLLARS.
9.4 ANY CLAIMS YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR FROM THE DATE THAT SUCH CLAIM ARISES.
9.5 The Entities of Castlery do not guarantee or assume any responsibility that:
(a) The Content or other information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
(b) The Content or other information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(c) Messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay or loss;
(d) Access to the Services will be available or be uninterrupted;
(e) Use of the Services will achieve any particular result; or
(f) Defects in the Services will be corrected.
9.6 You will exercise and rely solely on your own skill and judgement in your use and interpretation of the information and use of the Services. You are responsible for ensuring that your use of the information and the Services complies with all applicable legal requirements.
9.7 Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Use or otherwise, you are advised to contact us at help.au@castlery.com. No lack of response shall be deemed to constitute any acquiescence or waiver.
9.8 The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.
10. CONTENT ON THE SERVICES
10.1 The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive.
10.2 Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, incurred directly or indirectly as a result of the use of the Services by any third party, including without limitation any defamatory, offensive, or illegal conduct of the third party, or the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.
10.3 We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
11. CONTENT COPYRIGHT POLICY
11.1 Castlery respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the copyright owner.
11.2 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is help.au@castlery.com.
12. USE OF THE SERVICES
12.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Castlery, its users and the public.
12.2 We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
12.3 You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Castlery's computer systems, or the technical delivery systems of Castlery's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
12.4 We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
13. LINKING TO US
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice and you will be required to remove any links to the Services created by you.
14. THIRD-PARTY LINKS AND RESOURCES IN OUR SITE
14.1 If the Services contain links to other sites or resources provided by third-parties, or otherwise integrate such third-party resources (collectively, “Third-Party Components”), these Third-Party Components are provided for your convenience only. We have no control over the contents of the Third-Party Components, and WE ACCEPT NO RESPONSIBILITY FOR THE THIRD-PARTY COMPONENTS OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THE THIRD-PARTY COMPONENTS. If you access any such Third-Party Components, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Components. In addition, we may require you to review and agree to additional terms and disclosures as a condition to using or accessing certain Third-Party Components.
14.2 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Castlery on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Castlery and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
14.3 Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising or other materials available made available by such third-parties.
15. INDEMNITY
You agree to defend, indemnify and hold us and all Entities of Castlery harmless from and against all liabilities, losses, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with any third-party claim arising from your breach of any of these Terms of Use; your Feedback, Your Content and other content and information you provide to us or the Services; and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
16. SEVERANCE
The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
17. SEVERAL USERS
If there are two or more persons adhering to these Terms of Use as a user, they are jointly and severally liable.
18. WAIVER
No failure or delay by a party to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
19. TERMINATION
19.1 The Terms of Use will continue to apply until terminated by either you or us as follows.
19.2 You may end your agreement with us at any time for any reason by discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
19.3 We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we believe: (i) you have violated these Terms of Use or; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account (if any) or the next time you attempt to access your account (if any).
19.4 In all such cases, any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of these Terms of Use shall remain in full force and effect.
19.5 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 4 (Changes to our Services).
20. DISPUTE RESOLUTION AND GOVERNING LAW
20.1 Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use, including any question regarding its existence, validity or termination (a “Dispute”), shall be resolved by arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. The arbitration award shall be final and binding upon you and Castlery, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award.
20.2 These Terms of Use will be governed by and construed in accordance with the laws of Australia, without giving effect to its conflict of laws provisions.