Legal
Terms and Conditions
About the website
Welcome towww.brainbowindustries.com (Website). The Website presents information about Brainbow Industries and its suite of software products and tools (Products), and allows visitors to browse that information and contact us with enquiries.
The Website is operated by COSTMEI APAC Pty Ltd (ABN 34 643 789 646) (we, us, our). Access to and use of the Website is provided by us. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease using the Website immediately.
We reserve the right to review and change any of the Terms by updating this page at our sole discretion. Any changes to the Terms take effect from the date of their publication. We recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website.
Nature of the website
The Website is provided for general information purposes. It describes our Products and our organisation and enables you to contact us. The Website does not currently offer any paid subscription, user account, online purchase or payment facility. Nothing on the Website constitutes an offer capable of acceptance, or professional, legal, financial or other advice, and you should not rely on any content of the Website as a substitute for advice tailored to your circumstances.
Any information about our Products, including descriptions, capabilities and availability, is indicative only and may change without notice. Where you wish to engage us or obtain access to a Product, the terms of that engagement will be set out in a separate agreement between us.
Your obligations
When using the Website, you agree that you will:
use the Website only for lawful purposes and in accordance with the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
not use the Website for any illegal or unauthorised purpose, including collecting email addresses or other contact details of any person by electronic or other means for the purpose of sending unsolicited communications, or unauthorised framing of or linking to the Website;
not interfere with, disrupt, or attempt to gain unauthorised access to the Website or any systems or networks connected to it, or introduce any virus or other harmful component; and
not use any automated means (including scraping, crawling or harvesting) to access, copy or extract content from the Website except with our prior written consent, or as permitted by publicly available robots.txt directives.
We may remove content, and take appropriate legal action, in respect of any illegal or unauthorised use of the Website.
Copyright and Intellectual Property
The Website and all related Products are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, images, audio clips, website code, scripts, design elements and interactive features) are owned or controlled by, and reserved by, us or our contributors.
All trade marks, service marks and trade names are owned, registered and/or licensed by us. We grant you a worldwide, non-exclusive, royalty-free, revocable licence to:
use the Website in accordance with the Terms;
copy and store the Website and the material contained in the Website in your device's cache memory; and
print pages from the Website for your own personal and non-commercial use.
We do not grant you any other rights whatsoever in relation to the Website or the Products. All other rights are expressly reserved. Nothing you do on or in relation to the Website will transfer any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or any right to use or exploit any of them.
You may not, without our prior written permission and the permission of any other relevant rights owner, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content of the Website for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Content you submit to us
If you send us any content through the Website (for example, through a contact or enquiry form), you warrant that you are entitled to do so and that the content does not infringe the rights of any third party or breach any law. You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.
Privacy
We take your privacy seriously. Any personal information provided through your use of the Website is collected and handled in accordance with our Privacy Policy, available at brainbowindustries.com/privacy-policy, which forms part of these Terms.
Links to other websites
The Website may contain links to other websites operated by third parties. Those links are provided for your convenience only and do not represent any endorsement by us. We have no control over, and are not responsible for, the content, accuracy or practices of any third-party website.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website is at your own risk. Everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Website or any Products referred to on it. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website or any related material (including third party material); and
costs incurred as a result of you using the Website.
Limitation of liability
Our total liability arising out of or in connection with the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed, at our option, the resupply of the relevant information or (where resupply is not possible) AUD $100.
You expressly understand and agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Competitors
If you are in the business of providing similar products or services for commercial gain, then you are a competitor of ours. Competitors are not permitted to use or access any information or content on the Website other than that which is made publicly available. If you breach this provision, we will hold you responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Dispute Resolution
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice: A party claiming a dispute (Dispute) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution: On receipt of that notice (Notice), the parties (Parties) must:
within 28 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
if the Dispute is not resolved within 28 days of the date of the Notice, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the Resolution Institute;
the Parties are equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation, and each Party must pay its own costs associated with the mediation; and
the mediation will be held in Brisbane, Australia.
Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation: If two months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Website is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles. The Terms are binding to the benefit of the parties and their successors and assigns.
Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.