(a) This Terms of Use is for the use of this website, including the platform hosted by GRIFFIN GRACE PTY LTDs (Squarespace Platform) (collectively, the Website), operated by GRIFFIN GRACE PTY LTDs (ABN 48 625 569 995) (GRIFFIN GRACE PTY LTDs).

(b) Access to the Website is conditional upon your acceptance, without alteration, of these Terms of Use.

(c) By accessing and browsing the Website, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of GRIFFIN GRACE PTY LTDs’ Privacy Policy and, if relevant, the terms and conditions as contained in GRIFFIN GRACE PTY LTDs’ client agreements.

(d) For the purpose of this Terms of Use, you are referred to as a “Customer”, if the relevant clause is regarding any sale of goods or services, supplied by GRIFFIN GRACE PTY LTDs.

(e) Once the Customer’s project has been completed, GRIFFIN GRACE PTY LTD has the right to share the Customer’s project on GRIFFIN GRACE PTY LTDs’ social media channels, website and/or use on marketing/PR collateral in both digital and print form.

• Use of material on the Website

(a) You may view the Website and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for your personal, non-commercial use.

(b) Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance, of the content of this site, is strictly prohibited.

(c) You may not modify or copy the layout of the Website and any computer software and code contained in the Website.

(d) The material provided on the Website is for personal use only and may not be: re-sold and/or redistributed in any material form; stored in any storage media; and/or re- transmitted in any media without the prior written consent of GRIFFIN GRACE PTY LTDs.

• Links to other Websites

(a) The Website may contain links to sites on the internet that are owned and operated by third parties and which are not under the control of GRIFFIN GRACE PTY LTDs.

(b) Any links are provided as a convenience to you and the existence of a link to other sites does not imply an endorsement by GRIFFIN GRACE PTY LTDs of the linked site.

(c) GRIFFIN GRACE PTY LTDs is not responsible for the material contained on those linked sites.

• User Portals

(a) By signing up for a user account, you acknowledge that you have read this Terms of Use and any other relevant agreements and policies, deemed to be so relevant by GRIFFIN GRACE PTY LTDs, at its absolute discretion.

(b) Subject to any outstanding payments being made, you may, at any time, cancel your account with GRIFFIN GRACE PTY LTDs by emailing bex@griffingrace.com.au.

(c) GRIFFIN GRACE PTY LTDs may restrict or cancel your user account at any time, for any reason whatsoever, including, but not limited to, a breach of the terms of this Terms of Use.

• Intellectual Property-General

(a) GRIFFIN GRACE PTY LTDs reserves all intellectual property rights including, but not limited to, copyright in material and/or services provided by it.

(b) The copyright in the Website and its content, including, but not limited to, design templates, are owned by GRIFFIN GRACE PTY LTDs, its affiliates or by third parties who have licensed the materials to GRIFFIN GRACE PTY LTDs or its affiliates.

• Disclaimer

(a) GRIFFIN GRACE PTY LTDs is making the Website available for others to publish information without assuming a duty of care to users.

(b) GRIFFIN GRACE PTY LTDs is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the World Wide Web.

(c) To the fullest extent permitted by law, GRIFFIN GRACE PTY LTDs disclaims any and all warranties, express or implied, regarding: the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

(d) GRIFFIN GRACE PTY LTDs will not be liable, under any circumstances, for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and

(ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

(e) Notwithstanding that GRIFFIN GRACE PTY LTDs has used its best endeavors to ensure that the information contained and accessed through the Website is correct and current at the time of publication, GRIFFIN GRACE PTY LTDs does not accept responsibility for any error, omission or defect in this information and the Website is provided by GRIFFIN GRACE PTY LTDs on an “as is” basis.

(f) To the fullest extent permissible by law GRIFFIN GRACE PTY LTDs:

(i) does not make any representation, warranty or endorsement of any kind, express or implied as to the operation of the site or the information, content, materials or products on this site;

(ii) does not warrant that the functions of the Website will be uninterrupted or error-free, that any defects will be corrected to that the server which stores and transmits content to you is free of viruses or other harmful components; and

(iii) does not warrant or make any representation regarding your access to, or the results of your access to, the GRIFFIN GRACE PTY LTDs Website (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

(g) GRIFFIN GRACE PTY LTDs will not be liable under any circumstances for any loss of profits, consequential loss or any damages of any kind recognised by law, which is the consequence of you using or accessing or any inability to use or access the GRIFFIN GRACE PTY LTDs Website.

(h) GRIFFIN GRACE PTY LTDs will not liable for any delays that may occur during the push live process of your GRIFFIN GRACE PTY LTDs’ website – due to external parties involved (eg. your existing domain and/or hosting provider) this process can take anywhere up to 72hrs or longer, depending on your provided details.

(i) GRIFFIN GRACE PTY LTDs cannot take responsibility for any issues or circumstances resulting from misuse of GRIFFIN GRACE PTY LTDs products, including but not limited to issues caused by external web development not performed by GRIFFIN GRACE PTY LTDs.

• Limitation of liability

GRIFFIN GRACE PTY LTDs’ liability for breach of any warranty or condition in these Terms of Use or for breach of any implied warranty or condition that cannot be excluded by operation of law, is limited at the option of GRIFFIN GRACE PTY LTDs to the following:

(a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; and

(b) in the case of goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

• Alteration of Terms of Use

GRIFFIN GRACE PTY LTDs reserves the right to change the terms of access, conditions and notices under which the Website is offered with or without notice to you and without giving any explanation or justification for such change.

• Relevant Jurisdiction

(a) If any part of these Terms of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

(b) The Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, Australia.

(c) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms of Use.

• Customer Service

For any Customer service enquiries, please send an email to bex@griffingrace.com.au or mail 125a Chapel St, Windsor VIC 3181.