Terms & Conditions

Acceptance of Terms of Use

The Kazique website (Site), life celebration and after-party pre-plan packages (Packages), pre-plan archiving and updating facility (Archive) and information storage facility (Vault) referred to and offered by the Site are owned and operated by Kazique Pty Ltd ACN 164 341 824 (Kazique).

Your use of the Site, Packages, Archive and/or Vault are conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (including the Privacy Policy) (Terms and Conditions) and the Terms and Conditions are legally binding on you. You must read these conditions carefully before your use of the Site, Packages, Archive and/or Vault.

Kazique reserves the right to amend the terms and conditions at any time. You will be deemed to have accepted the terms and conditions as amended by your continued access to the Site and/or use of the Packages, Archive and/or Vault.

Intellectual Property

All information, text, material, images, audio, video, graphics, software and advertisements on the Site (Material) are copyright © 2014 Kazique Pty Ltd ACN 164 341 824, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the Material except as expressly provided on the Site, or expressly authorised in writing by Kazique.

You must not use the Site trade marks, logos or other materials for any purpose without the prior written consent of Kazique.

You may, subject to specific restrictions set out in these Terms and Conditions, download Material from the Site solely for your personal, non-commercial use. You must not distribute such Material in any form to any third party. You agree not to change or delete any proprietary notices from any Material downloaded from the Site.

Uploads

Users must not:

  • • upload any information, text, data, program or comments on the Site (Works) which are false, misleading or deceptive;
  • • post or upload any Works which are libellous, defamatory or which discloses private or personal matters concerning any person, or any Works which are indecent, obscene or pornographic;
  • • post or transmit any Works that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
  • • post or transmit any file or data which contains viruses or any other contaminating or destructive features;
  • • post or transmit any Works which are harmful, threatening, abusive or hateful;
  • • post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes; and/or
  • • use the facilities of the Site to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others.

Age

No user is to upload Works to the Site unless the user is aged 18 years or older.

Licence to Kazique

By placing any Works on the Site, you grant Kazique a non-exclusive, world-wide, royalty free, perpetual licence to use the works in any manner and in any medium, at Kazique’s sole discretion, including to reproduce, distribute, transmit, adapt, publicly display and publicly perform the works subject to the Privacy Policy.  (Licence)

You expressly waive in favour of Kazique any moral rights or similar rights you have in any jurisdiction in respect of the works. If requested by Kazique you agree to enter into any further agreements necessary to document the licence and waiver set out above, at Kazique’s expense.

Warranty

By uploading Works to the Site, the user warrants as follows:

1. That either:

a) the Works contain no third party content (including music or images); or

b) the user has obtained licences to include any third party content in the Works and to upload it to the Site, and holds the necessary rights to grant the Licence; and

2. That any person appearing in the Works consented to the use of their name and/or image and/or voice in the Works, the uploading of the Works to the Site and the granting of the Licence;

(together, the Warranties)

Indemnity

You agree to indemnify Kazique and keep Kazique, its officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms and Condition, Warranties or any activity related to use of the Site, Package and Vault (including negligent or wrongful conduct) by you or any other person using your registered account.

Links

Access to any Site which may be reached by the hyperlinks on this Site (Linked Site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the Linked Site.

Accessing a Linked Site from this Site does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of Kazique as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the Linked Site. Kazique will not be liable to the reader or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a Linked Site.

The ability to access a Linked Site does not:

(a) constitute express of implied authority to infringe copyright in any Material contained on the Linked Site; and/or

(b) imply any connection, sponsorship or affiliation between the Linked Site and this Site or Kazique.

Variation and Termination

These Terms and Conditions shall continue to have full force and effect until varied or terminated by Kazique. Kazique reserves the right to terminate this agreement and your access to the Site at any time for any reason or for no reason.  The Terms and Conditions relating to intellectual property, your licences to Kazique, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.

Kazique reserves the right to vary these Terms and Conditions at any time, including by posting new or varied Terms and Conditions on the Site. You will be given the opportunity to accept such varied Terms and Conditions on your first visit to the Site after such variation occurs, and if you elect not to accept the Terms and Conditions as varied your permission to use the Site will terminate immediately.

General

This agreement is governed by the laws of the State of Victoria, Australia.  You irrevocably submit to the jurisdiction of the courts of that State.

If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.

The waiver by Kazique of a breach of these Terms and Conditions by you shall not be construed as a waiver of any other breach of these Terms and Conditions by you and shall not in any way restrict Kazique’s right to exercise its rights pursuant to this agreement in respect of any other breach of these Terms and Conditions.