1. TERMS
By accessing the website at https://www.leadify.com.au, you agree to be bound by these Terms of Service, all applicable laws and regulations, and acknowledge that you are responsible for compliance with any applicable local laws. This includes but is not limited to the Competition and Consumer Act 2010 (Cth), which encompasses the Australian Consumer Law (ACL), the Copyright Act 1968 (Cth), and the Trade Marks Act 1995 (Cth). If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on this website are protected by applicable copyright and trademark laws, ensuring Leadify’s intellectual property is safeguarded under Australian law.
2. USE LICENCE
Permission is granted to temporarily download one copy of the materials (information or software) on Leadify’s website for personal, non-commercial transitory viewing only. This is a licence, not a transfer of title, and under this licence, you may not:
- Modify or copy the materials, as this would constitute a violation of the Copyright Act 1968 (Cth);
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial), which would infringe upon Leadify’s intellectual property rights as protected under the Trade Marks Act 1995 (Cth);
- Attempt to decompile or reverse engineer any software contained on Leadify’s website, which would breach the provisions protecting against such actions under both the Copyright Act 1968 (Cth) and relevant provisions of the Australian Consumer Law;
- Remove any copyright or other proprietary notations from the materials, which are protected under the Copyright Act 1968 (Cth);
- Transfer the materials to another person or “mirror” the materials on any other server, which would violate both the Copyright Act 1968 (Cth) and Trade Marks Act 1995 (Cth).
This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Leadify at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession, whether in electronic or printed format, as required under the Copyright Act 1968 (Cth).
3. DISCLAIMER
The materials on Leadify’s website are provided on an ‘as is’ basis. Leadify makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. These disclaimers are in accordance with the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Further, Leadify does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. This provision ensures compliance with Section 18 of the Australian Consumer Law, which prohibits misleading or deceptive conduct in trade or commerce.
4. LIMITATIONS
In no event shall Leadify or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Leadify’s website, even if Leadify or an authorised representative of Leadify has been notified orally or in writing of the possibility of such damage. These limitations apply to the fullest extent permitted by law, in accordance with the Australian Consumer Law, particularly sections related to liability limitations and consumer guarantees.
It is important to note that while Australian law allows for the limitation of liability in certain contexts, it does not permit the exclusion of liability for breaches of consumer guarantees that are provided under the ACL. Therefore, Leadify’s limitations of liability are carefully crafted to ensure compliance with these statutory requirements while providing robust protection for the company.
5. ACCURACY OF MATERIALS
The materials appearing on Leadify’s website may include technical, typographical, or photographic errors. Leadify does not warrant that any of the materials on its website are accurate, complete, or current. Leadify may make changes to the materials contained on its website at any time without notice. However, Leadify does not make any commitment to update the materials. This provision ensures that Leadify is not held liable for any inaccuracies, which is crucial under the Australian Consumer Law, where businesses are required to avoid false or misleading representations.
6. LINKS
Leadify has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Leadify of the site. Use of any such linked website is at the user’s own risk. This section is consistent with the Fair Trading Act 1987 (Cth), which governs the conduct of businesses and prohibits misleading or deceptive conduct, including through the endorsement of third-party sites.
7. MODIFICATIONS
Leadify may revise these Terms of Service for its website at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these Terms of Service. This allows Leadify the flexibility to update its terms as necessary to reflect changes in law or business practices, ensuring ongoing compliance with the Competition and Consumer Act 2010 (Cth) and other relevant legislation.
8. GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with the laws of Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. This is in accordance with the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), which facilitates the appropriate jurisdictional application and ensures that any legal disputes are resolved under Queensland law, providing a clear legal framework for both Leadify and its users.
