1 – Acceptance of Terms and Conditions
1.1 – Please read these Terms and Conditions carefully.
1.2 – By using, browsing and/or reading the eBranding.com.au website, this signifies that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must immediately cease using the eBranding.com.au website and/or any services provided by eBranding.com.au.
1.3 – By remaining on the eBranding.com.au website, you are signifying that you have read, understood and agree to be bound by the Terms and Conditions.
1.4 – You may also accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions, where this option is made available to you on eBranding.com.au.
2 – Changes to Terms and Conditions
2.1 – eBranding.com.au reserves the right to review and change any of the Terms and Conditions by updating this page at our sole discretion.
2.2 – When eBranding.com.au updates the Terms and Conditions, we will use reasonable endeavours to provide you with notice of updates to the Terms and Conditions. Any changes to the Terms and Conditions take immediate effect from the date of their publication.
2.3 – Before you continue, we recommend that you keep a copy of the Terms and Conditions for your records.
2.4 – The Terms and Conditions were last updated on 7 August 2020.
3 – About eBranding.com.au
3.1 – eBranding.com.au is an Australian domain name marketplace.
4 – Trade marks and other intellectual property
4.1 – All third party trade marks, logos and brands are the property of their respective owners.
4.2 – If you believe that one or more of your trade marks, logos or brands have been used without your authorisation, please contact us immediately.
4.3 – eBranding.com.au retains all rights, title and interest in and to the eBranding.com.au website and all related services.
5 – Privacy
5.1 – We are committed to protecting your privacy.
6 – General Disclaimer
6.1 – Nothing in the Terms and Conditions 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.
6.2 – 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 and Conditions are excluded; and
- eBranding.com.au 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 our services or these Terms and Conditions (including as a result of not being able to use our services or the late supply of our services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.3 – Use of the eBranding.com.au website and/or services provided by eBranding.com.au is at your own risk. Everything on the eBranding.com.au website and related services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, owners, directors, officers, employees, agents, contributors or licensors of eBranding.com.au make any express or implied representation or warranty about the eBranding.com.au website and its content (including domain name listings) or related services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- 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;
- the accuracy, suitability or currency of any information on the eBranding.com.au website or related to services provided by eBranding.com.au, including any third party material and advertisements displayed on the eBranding.com.au website;
- costs incurred as a result of you using the eBranding.com.au website or related services; and
- the eBranding.com.au website or related services in respect to links which are provided for your convenience.
7 – Limitation of liability
7.1 – eBranding.com.au’s total liability arising out of or in connection with the eBranding.com.au website and related services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost of resupplying the relevant services to you.
7.2 – You expressly understand and agree that eBranding.com.au, its affiliates, owners, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8 – Indemnity
8.1 – You agree to indemnify eBranding.com.au, its affiliates, owners, employees, agents, contributors, third party content providers and licensors from and against:
- 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 any content or material provided or uploaded by you in relation to the eBranding.com.au website and/or services;
- any direct or indirect consequences of you accessing, using or transacting on the eBranding.com.au website or attempts to do so; and/or
- any breach of the Terms and Conditions.
9 – Venue and jurisdiction
9.1 – In the event of any dispute arising out of or in relation to the eBranding.com.au website and/or services provided by eBranding.com.au, you agree that the exclusive venue for resolving any dispute shall be in the Courts of Tasmania, Australia. You agree to waive any right to object to an action being brought in the Courts of Tasmania, Australia (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).
10 – Governing Law
10.1 – The Terms and Conditions are governed by the laws of Tasmania, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Tasmania, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms and Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.
11 – Severance
11.1 – If any part of these Terms and Conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.