Updated 31 August 2021
The following terms and conditions govern all use of the www.ismotion.co website and all content, blogs, services and products available at or through the website, including, but not limited to associated websites taken together, the Website. The Website is owned and operated by ISMOTION PTY LTD (“ISMOTION”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ISMOTION’s Privacy Policy) and procedures that may be published from time to time on this site by ISMOTION (collectively, the “Agreement”).
Please read the Agreement carefully before accessing or using the Website. If you access or use any part of the Website, you acknowledge that you have read and agree to the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Website or use any services. If the Agreement is considered an offer by ISMOTION, acceptance is expressly limited to these terms.
1. Copyright Infringement
As ISMOTION asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to the Website violates your copyright, you are encouraged to issue a notice of claimed infringement in accordance with the Copyright Regulations 2017. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ISMOTION or others, ISMOTION may, in its discretion, terminate or deny access to and use of the Website.
2. Intellectual Property
The material contained on the Website is protected by copyright. You may use the Website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Website, or create any other material using material on the Website, without obtaining the prior written consent of ISMOTION.
Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of ISMOTION. The Website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by ISMOTION or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in the Agreement. Your use of the Website must not in any way infringe the intellectual property rights of any person.
You hereby grant ISMOTION an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any content you post on or in connection with the Website or ISMOTION services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with ISMOTION or the promotion thereof.
3. Corrections, Suggestions, and Complaints
ISMOTION welcomes comments and suggestions, as well as complaints about errors, on the Website that warrant correction. Comments, suggestions and complaints about errors can be submitted here.
4. External Sites
The Website may contain links to, or frame, websites of third parties (“external sites”). ISMOTION is not required to maintain or update the links. Links to, or framing of, external sites should not be construed as any endorsement, approval, recommendation or preference by ISMOTION of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on the Website.
5. Cookies
Cookies are small pieces of data stored on the web browser on your computer. The Website (including those you reach by clicking on advertising) may store cookies on your web browser.
6. Disclaimers and Limitation of Liability
Certain statutory warranties under consumer protection laws will be implied for the benefit of consumers. Nothing in this Agreement is intended to exclude or restrict the application of such laws but ISMOTION does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of the Website outside these laws.
Subject to claims available under consumer protection laws:
ISMOTION is not liable to you or anyone else for (including but not limited to, negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the use of the Website.
ISMOTION is not liable for disruptions to the Website.
ISMOTION is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the Website or an external site. You must take your own precautions to ensure that whatever you select for use from the Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.
7. Changes
We welcome comments and suggestions, as well as complaints about errors, on the Website that warrant correction. Comments and suggestions, as well as ISMOTION reserves the right, in its sole discretion, to modify or replace any part of the Agreement. It is your responsibility to check the Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to the Agreement constitutes acceptance of those changes. ISMOTION may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of the Agreement.
8. Termination
ISMOTION may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement, you may simply discontinue using the Website. All provisions of the Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the ISMOTION Privacy Policy, with the Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
10. Indemnification
ISMOTION may terminate your access to all or any part of the Website at any time, You agree to indemnify ISMOTION, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to, your violation of the Agreement.
11. Miscellaneous
The Website is provided “as is”. ISMOTION and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-iExcept to the extent that the applicable law, if any, provides otherwise, the Agreement and any access to or use of the Website shall be governed by and construed in accordance with the laws of the state of NSW, Australia and the proper venue for any disputes arising out of or relating to any of the same will be the State and Federal courts located in NSW. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
