WEBSITE TERMS AND CONDITIONS
Welcome to the Website of Longtail UX (www.longtailux.com) owned and operated by Longtail UX (the “Company”). By accessing and using the Website, You agree to be bound by the terms and conditions set forth below. If You do not agree to by bound by this Agreement, do not understand the Agreement, or if You need more time to review and consider this Agreement, please leave the Website immediately. The Company only agrees to provide use of the Website and Services to You if You assent to this Agreement.
The parties referred to in this Agreement shall be defined as follows: a. Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it, available to users. Longtail UX, Company, We, Us, Our, Ours and other first person pronouns will refer to the Company, as well as all employees and affiliates of the Company. b. You, the User, the Client: You, as the user of the website will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client. c. Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2. AGE RESTRICTION
You must be at least Eighteen (18) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
3. INTELLECTUAL PROPERTY
The Website, including all content features in the Website including all text, graphics,images, logos, trademarks, and the link (the “Content’), and Services provided by the Company are the property of the Company. You agree that that the Company owns all right, title, interest in and to the Content and that You will not use the Content for any unlawful or infringing purpose. Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable, and revocable license to use the Content solely in connection with Your use of the Website and Services. The Content may not be used for any other purpose, and this license terminates upon Your cessation of the use of the Website or Services or at the termination of this Agreement. You agree not to reproduce or distribute the Content in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
4. USER ACCOUNTS AND OBLIGATIONS
Some content on the Website may only be accessed by the User by registering with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also be required to provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. You agree to change Your password from time to time. You also agree to keep Your user identifier and password confidential and that You will not share such identifying information with any third party. If You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us informed of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
You agree that You are solely responsible for all acts or omissions that occur under Your identifying information or password, including the content of any transmissions using the Website or Service.
5. ACCEPTABLE USE
As a condition of Your use of the Website or Services, You agree not to use the Website or Service for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company. You further agree not to use the Website or Services to:
a. Harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b. Violate any intellectual property rights of the Company or any third party;
c. Perpetrate any fraud;
d. Engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
e. Attempt to gain unauthorized access to the Website or Service, other accounts, computer systems or networks connected with the Website or Service;
f. Transmit or upload any content or material that contains viruses, trojan horses, ransomware, or other harmful or deleterious programs or software; g. Publish or distribute any obscene or defamatory material;
h. Publish or distribute any material that incites violence, date, or discrimination towards any group;
i. Unlawfully gather information about others, including email addresses;
j. Interfere with another users use and enjoyment of the Website or Service or any similar Website or Service.
6. SUBMISSION POLICY
User Submissions are text, photos, images, graphics, videos, or any other content that the User has added, uploaded, or posted to the Website or Service. All User Submissions shall remain the property of the User, unless otherwise stated, however, the User grants the Company a royalty-free, non-exclusive, perpetual, irrevocable, worldwide license to copy, display, use, broadcast, transmit, translate, distribute, modify, and make derivative works of any content You publish, upload, or otherwise make available to the Website, including your name and/or username, voice, and/or likeness, in whole or in part, in any media or technology.
User Submissions are deemed non-confidential and the Company has no obligation to maintain its confidentiality.
If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
7. AFFILIATE MARKETING AND ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
8. THIRD PARTY LINKS
You acknowledge that We may, from time to time, include links or references to other websites, other content, or other materials (“Third Party Links”), none of which are controlled by Us. Third Party Links are provided for Your information only and We do not make any representations, warranties, or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality, or suitability for a particular purpose of these Third Party Links. We do not endorse, approve, or support these Third Party Links.
You use the Third Party Links at Your own risk.
9. SALE OF GOODS/SERVICES
We may sell Goods or Services, or allow third parties to sell goods or services on the Website. If this occurs, then some specific exclusions of liability will apply, as described in the “Exclusion of Liability” Clause.
Please refer to Our additional terms and conditions for sale of goods and/or terms and conditions for sale of services as applicable. From time to time, the Company may post promotional offers for Goods and Services on the website. The frequency of such offers, as well as their terms and conditions are determined by the Company. The user is aware that the number of promotional offers for Goods and Services is limited. The Company does not guarantee or promise to Users that: a. the purchase of any promotional Goods and Services on the website is any way beneficial for the User and/or third parties; and b. the cost of promotional Goods and Services is necessarily lower than their usual cost on the website or on other third-party websites.
10. EXCLUSION OF LIABILITY
a. The Website and Service, and its Content, are provided for general information only and may change at any time without prior notice.
b. You accept and acknowledge that the Website, Service, Goods, or Services may contain mistakes, errors, and inaccuracies.
c. Your use of the Website, Content, and information or documentation that We may provide to You in connection with Your use of the Goods, Services, or Products including documentation, data, and information developed by Us or owned by Us, and other materials which may assist in Your use of Goods or Services or Website (collectively, the ‘Materials”), is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content, or other information available through the Website or Service suits Your particular purpose.
d. Neither We, nor any third parties provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Website, Goods, or Services.
e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations, or terms (whether express or implied) except for those expressly set out in these Agreements.
f. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of the Website, Goods, or Services.
g. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business or any damages which are incidental to or arise from such loss of data or interruption to business.
h. To the maximum extent permitted by law, We will not be liabile for any damage, loss, cost, or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Website, Goods, or Services.
i. For Goods and/or Services sold by third parties via the Website or via Third Party Links (“Third Party Goods and Services’):
1. You acknowledge and agree that We have no control over those Third Party Goods and Services and that You purchase such Third Party Goods and Services at Your own risk.
2. You acknowledge and agree that any Third Party Goods and Services will be governed by agreements entered into directly and only between You and the Third Party for which We shall have no liability.
3. You acknowledge and agree that We assume no liability and provide no warranties or guarantees regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality, or suitability for a particular purpose of Third Party Goods and Services.
4. To the maximum extent permitted by law, You hereby release Us from any claim related to Third Party Goods and Services including any and all warranty and product liability claims.
You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. You agree to provide Us with a valid email and a valid billing information. When purchasing a physical good, You also agree to provide us with a valid shipping address. When purchasing a Good or Service, We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We may also request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. You agree to monitor Your method of payment.
The Company accepts the following methods of payment through the website:
If payment will be by card, you must be fully entitled to use the card or account. Shipment costs and dates are subject to change and may be different from the costs and dates that You are quoted due to unforeseen circumstances. The Company ships to the following: 28 Montague Street Balmain NSW 2041