Terms and Conditions of Use

 

By accessing this web site, owned by Lethal Audio Co Pty Ltd (the “Company”) you (“You”) are agreeing to be bound by these web site Terms and Conditions of Use agreement (“Agreement”), and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site (the “Site”). The materials contained in this web site are protected by applicable copyright and trademark law.

 

1. Copyright


You acknowledge that any and all information, content, data, databases, graphics, interfaces, web pages, product names, company names and trade-marks contained on this website (collectively the "Content"), are the property of their respective owners as indicated, the Company, or its licensors. You do not acquire ownership rights to any Content obtained through the Site. For purposes of this agreement, “Content” excludes any information, software, services or other content for which the Company specifically requires purchase of a license.

 

2. User License

 

    a      Permission is granted to download the Software from the company web site. This is the grant of a license, and under this license you may not:

 

                1.     Attempt to decompile or reverse engineer, disassemble, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, loan, rent, lease, share, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content or any software hosted at the Site in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise;

 

                2.     Remove any copyright or other proprietary notations from the materials; or

               

                3.     Do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third party to access the Content.

 

    b      This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

3. Personal Information

 

The Company reserves the right, and You authorise the Company, to the use and assignment in any manner consistent with the Company Privacy Policy of all personal information provided by You or on Your behalf. The Company Privacy Policy can be found on our Site.

 

4. Sales, Delivery, Prices and Payments

 

    1      You understand that, in order to be able to purchase products provided on the Site, You will have to provide credit card or other payment information (the "Information") to third parties including, but not limited to, Braintree ‘a paypal company’ (the "Provider"). You agree that the Provider may use the Information to charge You for any purchased or licensed products or services through the Site.

 

    2      The Company reserves the right to make any updates, modifications and adjustments at any time without prior notice to any, and all, Company products, including, without limitation, product discontinuations, new market conditions, or any other business factors.

 

    3      All sales within Australia are subject to applicable federal sales tax, and all orders for shipment outside of Australia may be subject to additional taxes, shipping charges, customs and duties, all of which will be paid and provided for solely by You.

 

    4      The Company shall deliver to You the products purchased or licensed through this Site only after full payment for such products has been received by the Company.

 

    5      The Company will not pay, or be responsible for, paying any custom duties, delivery charges or fees of any kind related to shipping and handling.

 

5. Refunds and Replacement Policy

 

    1      All sales are final.

 

    2      There will be no refunds with respect to any and all intangible products or services that are digitally delivered ("Digital Downloads”).

 

    3      In the case of errors within, or using the Company intangible products or services, you may provide the Company with a support ticket on the Site, whereby the Company will endeavour to fix the error.

 

6. Refusal of Service

 

The Company reserves the right to exclude or otherwise limit the provision of any product or service, to any person or entity, at any time, for any reason.

 

7. Modification of Site

 

The Company reserves the right to edit or delete any information or other content appearing on the Site, at any time. The content on this site may be changed without notice to you, at any time.

 

8. Termination

 

    1      This Agreement is effective until terminated by the Company, with or without cause, in the Company's sole discretion. The Company may terminate this Agreement without notice to You if You fail to comply with any of its terms.

 

    2      The Company reserves the right to terminate services if you breach, violate or assist in the violation of any condition in section 2a. This may include termination of serial key issued by the Company, or any other license issued by the Company.

 

    3      On the termination of this Agreement, you must destroy any Content in your possession whether in electronic or printed format.

 

9. Indemnification

 

You agree to indemnify, defend and hold the Company and its partners, lawyers, staff, affiliates, successors and assigns (collectively, "Affiliated Parties") harmless from any liability, loss, damage, claim and expense, related to any, and all, services or products issued to You from the Company, or Your violation of this Agreement, or use of the Site.

 

10. Disclaimer and Limitation of Liability

 

    1      THE INFORMATION, FORMS, AGREEMENTS, LICENCES, CONTENT, DIGITAL DOWNLOADS, TANGIBLE PRODUCTS, GOODS AND SERVICES (THE "MATERIALS") FROM OR THROUGH THE SITE ARE PROVIDED "AS IS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE MATERIALS. THE COMPANY AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

 

    2      No representations, warranties or guarantees whatsoever are made as to the accuracy, reliability, suitability or applicability of any of the Content to a particular situation and all responsibility or liability for any damages caused by the Content, including, without limitation, damages caused by computer viruses or other malicious code contained within the Content is disclaimed.

 

11. Third Party Services

 

The Company utilises and operates a transaction service allowing access to the Provider's third party site from which You may purchase certain goods or services. You understand and agree that the Provider is responsible for all aspects of order processing and billing. The Company is not a party to the transactions entered into between You and the Provider. YOU AGREE THAT UNDER NO CIRCUMSTANCES IS THE COMPANY LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THE PROVIDER OR FOR ANY INFORMATION APPEARING ON THE PROVIDER'S SITES OR ANY OTHER SITE LINKED TO THE COMPANY'S SITE. THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE COMPANY SERVICE.

 

All rules, policies (including privacy policies) and operating procedures of the Provider will apply to You while on the Provider's sites. The Company is not responsible for information provided by You to the Provider. The Provider and the Company are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 

12. Links

 

The Company is not responsible for the content or accuracy of any links or third parties used by or found on the Site. The inclusion of any link does not imply endorsement by The Company. Use of any such linked web site is at the user's own risk.


13. Transfer of User License

 

You understand and fully accept that any transfer of license from You to another user forfeits any refund of the Software.You accept that once a transfer has been made, You, or the new owner of the transferred license has no claim whatsoever to a refund in any way, shape or form. It is your responsibility to make the transferred license owner aware of such.

 

14. Miscellaneous & Governing Law

 

    1      This Agreement shall be treated as though it were executed in the state of New South Wales, Australia and shall be governed by and construed in accordance with the laws of Australia.

 

    2      Any of Your causes of action with respect to the Site (and/or the information or Content thereon) must be instituted within seven (7) days after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in paragraphs 9, 10 and 11 of this Agreement.

 

    3      All legal proceedings arising out of or in connection with this Agreement shall be brought solely in New South Wales, Australia. You expressly submit to the exclusive jurisdiction of said courts.

 

    4      Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions of this Agreement shall remain in full force and effect.

 

    5      You agree to review this Agreement prior to reviewing any information or obtaining any products or services on or through the Site. You agree to review the Agreement prior to using the site.

 

    6      If anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.