Terms of use

Introduction

This website and its contents (“the Website”) is owned by Incremental Marketing Pty Ltd (ABN 45 651 635 200) (collectively referred to as “Incremental”, “we”, “us”, or “our”) of Suite 203, 12 Century Circuit, Norwest NSW 2153.

By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in these terms and conditions, and elsewhere on the Website (known collectively as “ Terms and Conditions”).

Incremental reserves the right to amend these Terms and Conditions at any time without notice. We, therefore, encourage you to check this document regularly.

Applicable law

The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

Incremental makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Links to third-party sites and third-party advertisements

Incremental assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the Website. Except as Incremental may specifically direct otherwise, Incremental does not authorise the content of those third party websites. The Website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this Website does not necessarily constitute the recommendation or endorsement of Incremental for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Competitions and promotions

Certain parts of the Website may contain competitions, offers, programs, or promotions from Incremental or third parties. The terms and conditions for those competitions, offers, programs and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition, program, offer or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Incremental specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.

Disclaimer and liability

This Website is provided on an “as is” basis. While Incremental has used its reasonable endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, Incremental does not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, Incremental, its affiliated companies and their directors, employees, agents and contractors:

(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, your access to the Website or results of your access, or the information, content, materials or products on the Website; and

(b) Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions, guarantees or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Incremental, its affiliated companies or their directors, employees, agents and contractors) will Incremental, its affiliated companies or their directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access, the Website or arising out of or in connection with any goods or services supplied by Incremental via the Website. The Incremental’s liability for breach of any implied guarantee, warranty or condition which cannot be excluded, is limited at the option of Incremental to the following:

(a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again;

(b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and keep indemnified Incremental, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.

Posting or transmitting material via the website

You shall not post or transmit through the Website any defamatory, threatening, obscene, harmful, pornographic or other material which would violate or infringe in any way upon the rights of others, or which would give rise to criminal or civil liability and/or violate any relevant law or regulation.

You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right.

Notwithstanding the above, you hereby waive any and all rights to any stories, ideas, drawings, opinions, and any other creative “materials” posted to the Website. You authorise Incremental to utilise, in any manner, it sees fit and for eternity, the materials posted on the Website, which shall become the property of Incremental.

Intellectual property and restrictions on the use of content

The Website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Website contains trademarks, intellectual property and copyright protected works which are owned by Incremental, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, or incorporate any part of the Website into another website without Incremental’s express consent.

Termination and cancellation

Incremental reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Website, terminate any memberships, cancel orders or not provide goods and services or revise prices at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Incremental will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Incremental ‘s liability will survive such termination.