Terms and Conditions

1. Legal Compliance

As a user of our website and services, you agree to:

• a. Comply with all applicable local, state, national, and international laws, regulations, and ordinances in your use of our services
• b. Ensure that any information you provide to us is accurate, current, and complete
• c. Maintain the confidentiality of any account credentials or access information provided to you
• d. Notify us immediately of any unauthorized use of your account or security breach
• e. Take responsibility for all activities conducted through your account or using your credentials

2. Prohibited Conduct

You expressly agree not to engage in any of the following prohibited activities:

• a. Systematically retrieve data or content from our website to create or compile a collection, database, or directory without our written permission
• b. Make unauthorized use of our services, including collecting usernames or email addresses by electronic or other means
• c. Circumvent, disable, or interfere with security-related features of the website
• d. Engage in unauthorized framing of or linking to the website without explicit permission
• e. Trick, defraud, or mislead us or other users, especially in attempts to learn sensitive account information
• f. Make improper use of our support services or submit false reports of abuse or misconduct
• g. Engage in automated use of the system, such as using scripts to send comments or messages
• h. Interfere with, disrupt, or create an undue burden on the website or networks connected to it
• i. Attempt to impersonate another user, person, or entity
• j. Use any information obtained from the website to harass, abuse, or harm another person
• k. Use our services as part of any effort to compete with us or otherwise use them for revenue-generating endeavors without authorization
• l. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the website
• m. Upload or transmit viruses, malware, or any other type of malicious code that may affect the functionality or operation of our services

3. Content Guidelines

Any content you submit, upload, or transmit through our website must comply with the following guidelines:

• a. Content must not contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• b. Content must not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• c. Content must not infringe upon intellectual property rights or other proprietary rights of any party
• d. Content must not violate any law or regulation, nor promote illegal activity
• e. Content must not contain advertising, promotional material, or spam

4. Professional Conduct

When engaging with our services, you agree to maintain professional and respectful communication with our team members and other users. This includes being truthful in your representations, honoring commitments made, and treating others with courtesy and respect. Abusive, threatening, or harassing behavior will not be tolerated and may result in immediate termination of services.

1. Information Accuracy

You are responsible for ensuring that all information you provide to us is accurate, complete, and up to date. This includes contact information, business details, project requirements, and any other data submitted through our website or in the course of our business relationship. Providing false or misleading information may result in service disruption or termination.

2. Privacy and Data Protection Compliance

If you provide us with personal information about third parties (such as employees, customers, or contacts), you represent and warrant that you have obtained all necessary consents and have the legal right to share that information with us. You agree to comply with all applicable privacy and data protection laws in your use of our services.

3. Third-Party Interactions

Your interactions with third-party service providers, advertisers, or other users found on or through our website are solely between you and such third parties. You acknowledge and agree that we are not responsible or liable for any loss or damage incurred as the result of any such dealings or the presence of such third parties on our website.

4. Indemnification Obligations

You agree to defend, indemnify, and hold harmless Cipher Bloom, its affiliates, directors, officers, employees, agents, and contractors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use or misuse of our website and services
• Your violation of these Terms and Conditions
• Your violation of any third-party rights, including intellectual property rights
• Any harm caused to a third party through your use of our services

1. Disclaimer of Warranties

The website and services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding:

• The operation of the website or the accuracy, completeness, or reliability of any content
• The availability of the website or services at any particular time or location
• That defects will be corrected or that the website is free of viruses or other harmful components
• Specific results or outcomes from use of our marketing services

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

2. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Cipher Bloom or its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:

• Loss of profits, revenue, sales, data, or goodwill
• Business interruption or loss of business opportunities
• Service interruption or loss of data
• Cost of substitute goods or services
• Personal injury, property damage, or emotional distress

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.

3. Aggregate Liability Cap

Our aggregate liability to you for all claims arising from or relating to the use of our website or services shall not exceed the amount you have paid to us in the twelve months preceding the claim. Where we have not received any payment from you, our aggregate liability shall be limited to AUD $100.

4. Exceptions to Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law. Nothing in these terms shall exclude or limit our liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

1. Governing Law

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Victoria, Australia, without giving effect to any choice or conflict of law provisions. You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Melbourne, Victoria, Australia, for all disputes arising out of or relating to these terms.

2. Dispute Resolution

In the event of any dispute, controversy, or claim arising from these Terms and Conditions:

• a. Informal Resolution: You agree to first attempt to resolve the dispute informally by contacting us directly. We will make reasonable efforts to resolve the matter through good faith negotiation.
• b. Mediation: If the dispute cannot be resolved informally within 30 days, either party may request mediation through a mutually agreed mediator in Melbourne, Victoria.
• c. Litigation: If mediation is unsuccessful or either party declines mediation, disputes shall be resolved through the courts of Melbourne, Victoria, Australia.

3. Severability

If any provision of these Terms and Conditions is held to be unlawful, void, or unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

4. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements published by us on the website, constitute the entire agreement between you and Cipher Bloom regarding your use of our website and services, superseding any prior agreements or understandings.

5. Waiver

No waiver by us of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

6. Assignment

You may not assign or transfer these Terms and Conditions or your rights hereunder, in whole or in part, without our prior written consent. We may assign these terms at any time without notice to you. Any attempted assignment in violation of this provision shall be null and void.