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Terms and Conditions

Last updated: 21 November 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

Words with initial capital letters have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to Australia.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to OptimAItion.
  • Device means any device that can access the Service such as a computer, a mobile phone, or a digital tablet.
  • Service refers to the Website.
  • Third-party Social Media Service means any services or content provided by a third party that may be displayed, included, or made available by the Service.
  • Website refers to OptimAItion, accessible from https://optimaition.agency.
  • Processing refers to any operation or set of operations performed on data, including but not limited to collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, erasure, or destruction.
  • You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned upon Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned upon Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data, or other information, for business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service.

In no event shall the Company be liable for any damages exceeding the amount paid by You for the Service or AUD 100 if You haven’t purchased anything through the Service.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so some of the above limitations may not apply to You. In such cases, the liability shall be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limitation, the Company does not guarantee that the Service will meet Your requirements, achieve intended results, be compatible with other software or systems, operate without interruption, or be error-free.

Some jurisdictions do not allow the exclusion of certain types of warranties, so some or all of the above exclusions may not apply to You.

Governing Law

The laws of Australia, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to achieve the objectives of the original provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

Waiver

Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the updated terms. If You do not agree to the new terms, please stop using the Service.

Non-Liability Clause for Machine Content

Content on our Website may undergo processing using natural language algorithms for purposes such as plagiarism checking, grammar correction, and content enhancement. While efforts are made to ensure accuracy, processing may occasionally result in the insertion of false or misleading information. We do not accept responsibility for any incorrect claims, untrue statements, poor advice, false citations, or any other inaccuracies that may arise from such processing.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

Melbourne, Australia

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