TERMS & CONDITIONS

1. INTERPRETATION

(a) In these terms and conditions:

(i) “claims” means all claims, damages, losses, suits, proceedings and liabilities of any kind;

(ii) “content” means any text, file, image, video, sound, work or other material;

(iii) “intellectual property rights” means all intellectual property rights of any kind in any jurisdiction, including, without limitation, copyright and trademark;

(iv) “posting” means displaying or publishing by any means;

(v) “services” means our website, short message service messages, email notifications, applications, advertisements and other services;

(vi) any reference to “we”, “us” or “our” is a reference to Evan Campbell – trading as ADVIKATE™;

(vii) any reference to “you” or “your” is a reference to a user of our services; and

(viii) any reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of these terms and conditions.

2. AGREEMENT

(a) You agree to be bound by these terms and conditions. You acknowledge that you understand that by using our services you will become bound by these terms and conditions.

(b) If you use our services on behalf of a company, incorporated association or other legal entity, you represent and warrant to us that you have the authority to use our services on behalf of the legal entity and to bind the legal entity to these terms and conditions.

3. USE OF SERVICES

(a) Subject to these terms and conditions, you may use our services.

(b) You must be at least thirteen (13) years old to use our services. You warrant and represent to us that you are at least thirteen (13) years old.

(d) You must not use our services or allow our services to be used:

(i) in any way which breaches any policy in respect of the services adopted by us;

(ii) in any way which is illegal or fraudulent or in connection with any illegal or fraudulent activity;

(iii) to create or post incomplete, untrue, inaccurate, unreliable or misleading content;

(iv) to create or post offensive, discriminatory, harmful or inappropriate content;

(v) to do anything which may cause our services to be impaired in any way; or

(vi) to copy, store, host, transmit or use any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

(e) If you use our services or allow our services to be used to do anything which breaches these terms and conditions, you will indemnify us against any claim against us arising out of or in connection with such use to the maximum extent permitted by law.

(f) You must not do or allow to be done anything which may impair the operation of our services in any way.

(g) You must not access or attempt to access content or data related to our services which you do not have permission to access.

(h) We reserve the right to restrict the use of our services as we see fit.

(i) We reserve the right to discontinue or vary our services at any time in our discretion without notice.

4. RESPONSIBILITY FOR CONTENT

(a) You will be responsible for any content which you create or post using our services.

(b) We will not be responsible for any content you or any other user of our services creates or posts using our services.

(d) We make no representation and extend no warranty in relation to the completeness, truthfulness, accuracy or reliability of any content created or posted using our services.

(e) While we reserve the right to remove, modify or restrict access to any content created or posted using our services which breaches these terms and conditions, you agree that we owe you no duty to remove or modify such content.

(f) You acknowledge that you understand that we source content by automated means from services provided by other people and we do not control the content created or posted to those other services.

5. INTELLECTUAL PROPERTY

(a) You will own the intellectual property rights in any content you create which is posted using our services.

(b) You grant us an irrevocable, non-exclusive, transferable, royalty-free, worldwide license (including the right to sub-license) to use any content you create which is posted using our services to host, use, copy, distribute, reproduce, modify and make derivative works from your content.

(d) We own all intellectual property rights in our services, except for any intellectual property rights in any content our users create which is posted using our services.

(e) We grant you a revocable, non-exclusive, non-transferable, royalty-free, worldwide license to use the services in accordance with these terms and conditions.

(f) You must not use our services, or allow our services to be used, to do anything which infringes the intellectual property rights of any person.

(g) If you use our services or allow our services to be used to do anything which infringes the intellectual property rights of any person, you will indemnify us against any claim against us arising out of or in connection with such use to the maximum extent permitted by law.

6. ACCOUNTS

(a) You may create an account to use our services in accordance with these terms and conditions by completing and submitting the account registration form on our services and clicking on the verification link in the email our services will send to you.

(b) You must not allow any other person to use your account for any purpose.

(d) You may not use any other person's account to use our services.

(e) If you do not use your account for a continuous period of 18 months, we may in our discretion cancel your account.

7. BREACH OF TERMS AND CONDITIONS

(a) We reserve the right to remove, modify or restrict access to any content created or posted using our services which breaches these terms and conditions.

(b) If you breach these terms and conditions, we may suspend or cancel your account and block you from using our services temporarily or permanently as we see fit.

(c) Our rights, powers and remedies, express and implied, under these terms and conditions do not detract from our rights, power and remedies under the law, including the right to commence legal proceedings against you for breach of contract and otherwise.

8. DISCLAIMER

(a) Our services are provided on an “as is” and “with all faults” basis.

(b) You acknowledge that you understand that you use our services at your own risk.

(c) To the maximum extent permitted by law, we exclude all warranties that our services are fit for any particular purpose and do not infringe the intellectual property rights of third parties.

(d) We make no representation and extend no warranty that:

(i) our services will be accurate, available, timely, secure or reliable;

(ii) using our services will not harm your computer system or data; or

(iii) we have obtained the consent of the owner of any intellectual property rights in respect of any content sourced by automated means from services provided by other people.

9. EXCLUSIONS OF LIABILITY

(a) To the maximum extent permitted by law, you agree to exclude any liability by us to you:

(i) in respect of any consequential loss arising out of or in connection with your use of our services;

(ii) arising out of or in connection with any content created or posted using our services by third parties; and

(iii) arising out of or in connection with any unauthorised access or use of your content or data

(b) In Clause 9(a)(i), “consequential loss” means any indirect loss or damage arising out of or in connection with a breach of contract, tort (including negligence), under statute or any other basis in law or in equity, including, without limitation, the following:

(i) loss of profits;

(ii) loss of revenue;

(iii) loss or denial of opportunity;

(iv) loss of access to markets;

(v) loss of goodwill;

(vi) loss of business reputation or publicity;

(vii) damage to credit rating;

(viii) loss of use; and

(ix) remote, abnormal or unforeseeable loss.

10. VARIATION

(a) We may unilaterally vary these terms and conditions from time to time.

(b) We will give you notice in writing of any variations to these terms and conditions before the variations take effect.

11. PRIVACY

(a) We will comply with our legal requirements under the Privacy Act 1988 (Cth) and any other applicable laws relating to privacy.

(b) We will deal with personal information in accordance with our Privacy Policy, which may be accessed at this link.

12. THIRD PARTY RIGHTS

(a) These terms and conditions are made between you and us.

(b) No other person is a party to these terms and conditions.

13. ASSIGNMENT

(a) You agree that we may assign, transfer or otherwise deal with all of our rights and obligations under these terms and conditions.

(b) You may not without our prior consent in writing assign, transfer or otherwise deal with any of your rights and obligations under these terms and conditions.

14. SEVERABILITY

(a) If a provision of these terms and conditions is illegal or unenforceable, the provision will be severed and the remaining terms and condition will continue in full force and effect.

15. ENTIRE AGREEMENT

(a) These terms and conditions together with any policies in respect of the services adopted by us from time to time will constitute the entire agreement between you and us in relation to your use of our services.

16. LAW AND JURISDICTION

(a) These terms and conditions shall be governed by and construed in accordance with the law of Tasmania.

(b) Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Tasmania.