Terms and Conditions
Products and Kits
Terms of use of the Mistify Pty Ltd website.
This
website is operated by Mistify Pty Ltd, (henceforth known as Mistify). Please
take the time to read these terms and conditions. By accessing and using this
Website and information offered, you are agreeing to these terms and
conditions.
If you
purchase products through our website, there will be additional terms and
conditions relating to the purchase. Please make sure you agree with these
terms and conditions, which you will be directed to read prior to making your
purchase.
Accuracy of content
Mistify have
taken proper care and precautions to ensure that the information we provide on
this website is accurate. However, we cannot guarantee, nor do we accept any
legal liability arising from or connected to, the accuracy, reliability,
currency or completeness of anything contained on this website or on any linked
site.
Use
The
website is made available for your use on your acceptance and compliance with
these terms and conditions. By using this website, you are agreeing to these
terms and conditions.
You agree
that you will use this website in accordance with all applicable local, state,
national and international laws, rules and regulations.
You agree
that you will not use, nor will you allow or authorise any third party to use,
the website for any purpose that is unlawful, defamatory, harassing, abusive,
fraudulent or obscene way or in any other inappropriate way or in a way which
conflicts with the website or services.
If you
contribute to our forum (if any) or make any public comments on this Website
which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent
or obscene or in any other way inappropriate or which conflict with the website
or the services offered, then we may at our discretion, refuse to publish such
comments and/or remove them from the website.
We
reserve the right to refuse or terminate service to anyone at any time without
notice or reason.
Passwords and logins
You are
responsible for maintaining the confidentiality of your passwords and login
details and for all activities carried out under your password and login.
Indemnification for loss or damage
You agree
to indemnify Mistify and hold Mistify harmless from and against any and all
liabilities or expenses arising from or in any way related to your use of this
website or the services or information offered on this website, including any
liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and solicitors fees of every
kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
Unless
otherwise stated the content of this website, including but not limited to,
images, uploaded files, layout design, data, graphics, articles, file content,
codes, news, tutorials, videos, reviews, and forum posts contained on the
Website or in connection with the Services is the property of Mistify. You must
not use or replicate our copyright material other than as permitted by law.
Specifically, you must not use or replicate our copyright material for
commercial purposes unless expressly agreed to by Mistify, in which case we may
require you to sign a Licence Agreement.
If you
wish to use content, images or other of our intellectual property, you should
submit your request to us at the following email address:
info@mistify.com.au
Trademarks
All
trademarks and logos contained on this Website are trademarks of Mistify and it’s
respective owners. Use of these trademarks is strictly prohibited except with
our express or the respective owners, written consent.
Links to external websites
This
website may contain links that direct you outside of this Website. These links
are provided for your convenience and are not an express or implied indication
that we endorse or approve of the linked Website, it’s contents or any
associated website, product or service. Mistify accept no liability for loss or
damage arising out of or in connection to your use of these sites.
You may
link to our articles or home page. However, you should not provide a link which
suggests any association, approval or endorsement on our part in respect to
your website, unless we have expressly agreed in writing. We may withdraw our
consent to you linking to our site at any time by notice to you.
Limitation of Liability
Mistify takes
no responsibility for the accuracy of any of the content or statements
contained on this Website or in relation to our Services. Statements made are
by way of general comment only and you should satisfy yourself as to their
accuracy. Further, all of our services are provided without a warranty with the
exception of any warranties provided by law. We are not liable for any damages
whatsoever, incurred as a result of or relating to the use of the website or
our services.
Information Collection
Use of
information you have provided Mistify with, or that we have collected and
retained relating to your use of the website and/or our services, is governed
by our Privacy Policy. By using this website and the services associated with
this website, you are agreeing to the Privacy Policy.
Confidentiality
All
personal information you give us will be dealt with in a confidential manner in
accordance with our Privacy Policy. However, due to circumstances outside of
our control, we cannot guarantee that all aspects of your use of this Website
will be confidential due to the potential ability of third parties to intercept
and access such information.
Governing Law
These
terms and conditions are governed by and construed in accordance with the laws
of NSW. Any disputes concerning this website are to be resolved by the courts
having jurisdiction in NSW.
We retain
the right to bring proceedings against you for breach of these Terms and
Conditions, in your country of residence or any other appropriate country or
jurisdiction.