1. About these Terms
These Terms of Use ("Terms") govern your access to and use of the website located at www.niranoma.com.au (the "Website"), which is operated by Niranoma (ABN 23 064 192 261) ("we", "us", "our").
Please read these Terms carefully before using the Website.
2. Acceptance of these Terms
By accessing, browsing, or using the Website in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy (niranoma.com.au/privacy-policy), which forms part of these Terms.
If you do not agree to these Terms or our Privacy Policy, you must not access or use the Website.
If you are using the Website on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.
3. Eligibility
You must be at least 18 years of age, or have the consent of a parent or legal guardian, to use the Website. By using the Website, you represent that you meet this requirement.
4. Privacy
Our Privacy Policy (niranoma.com.au/privacy-policy) explains how we collect, use, store, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Website, you consent to the collection and handling of your information as described in our Privacy Policy.
5. Acceptable Use
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit any other person’s use and enjoyment of the Website. In particular, you must not:
- Use the Website in any way that breaches any applicable Australian, state, or international law or regulation;
- Use the Website to send, receive, upload, download, or re-use any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or otherwise objectionable;
- Attempt to gain unauthorised access to the Website, the server on which it is hosted, or any related systems or networks;
- Introduce any viruses, malware, trojans, worms, or other malicious or technologically harmful material;
- Use any automated system, including bots, scrapers, or spiders, to access the Website without our prior written consent;
- Reverse engineer, decompile, or otherwise attempt to extract the source code of any software comprising or in any way making up part of the Website;
- Use the Website to transmit unsolicited commercial communications in breach of the Spam Act 2003 (Cth).
6. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any similar legislation, where to do so would be unlawful.
Where our liability cannot lawfully be excluded but can be limited, our liability is limited (at our option) to:
- in the case of goods, the replacement, repair, or resupply of the goods, or the cost of doing so; and
- in the case of services, the resupply of the services, or the cost of doing so.
7. Intellectual Property
All content on the Website, including text, graphics, logos, images, audio, video, software, and the compilation thereof, is owned by us, our licensors, or our content providers, and is protected by Australian and international copyright, trade mark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable licence to access and view the Website for personal, non-commercial purposes. Except as expressly permitted by these Terms or with our prior written consent, you must not:
- Copy, reproduce, republish, upload, post, transmit, or distribute any content from the Website;
- Use any content for commercial purposes;
- Modify or create derivative works based on any content;
- Remove or alter any copyright, trade mark, or other proprietary notices.
All trade marks, service marks, and trade names displayed on the Website are the property of their respective owners.
8. Third-Party Services and Links
The Website may contain links to, or integrations with, third-party websites, services, or content, including but not limited to Google Maps, YouTube, social media platforms, booking widgets, and payment processors.
These third-party services are provided for your convenience and are not under our control. We do not endorse, and are not responsible for, the content, products, services, privacy practices, or availability of any third-party websites or services. Your use of any third-party service is governed by that third party’s terms and privacy policies, which we encourage you to review.
9. Availability and Changes to the Website
We make reasonable efforts to keep the Website available and operating, but we do not guarantee uninterrupted access. We may, at any time and without notice:
- Modify, suspend, or discontinue any part of the Website;
- Restrict access to some or all of the Website;
- Perform maintenance or updates that may make the Website temporarily unavailable.
We are not liable to you or any third party for any modification, suspension, or discontinuation of the Website.
10. Disclaimers
To the maximum extent permitted by law, the Website and all content, materials, products, and services available on or through it are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.
We do not warrant that:
- The Website will be uninterrupted, secure, or free of errors, viruses, or other harmful components;
- The information on the Website is accurate, complete, or current;
- Any defects will be corrected.
Any information provided on the Website is general in nature and does not constitute professional, legal, financial, medical, or other specialist advice. You should obtain independent professional advice before acting on any information on the Website.
11. Limitation of Liability
To the maximum extent permitted by law, and subject to clause 9 (Australian Consumer Law), we are not liable to you or anyone else for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of, or inability to use, the Website, even if we have been advised of the possibility of such damages.
Where our liability cannot be excluded, our total aggregate liability to you arising out of or in connection with the Website is limited to the amount paid by you to us (if any) in the twelve (12) months preceding the event giving rise to the liability, or AUD $100, whichever is greater.
12. Indemnity
You agree to indemnify, defend, and hold harmless Niranoma, its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:
- Your access to or use of the Website;
- Your breach of these Terms;
- Your violation of any law or the rights of any third party.
13. Termination
We may, at our sole discretion and without notice, suspend or terminate your access to the Website (in whole or in part) at any time, including if we believe you have breached these Terms.
On termination, your right to use the Website ceases immediately. Clauses that by their nature should survive termination, including clauses 9, 10, 15, 16, 17, and 19, will continue to apply.
14. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts.
15. Changes to these Terms
We may update these Terms from time to time. The updated version will be posted on the Website with a revised "Last updated" date. Your continued use of the Website after any change constitutes your acceptance of the updated Terms. We encourage you to review these Terms regularly.
16. General
- Entire agreement: These Terms (together with the Privacy Policy and any other policies referenced) constitute the entire agreement between you and us regarding the Website.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
- Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to any third party without notice.
17. Contact
If you have any questions, concerns, or feedback about these Terms or the Website, please contact us:
Niranoma
Email: hello@niranoma.com.au