Terms of service
Effective Date: 1st of July 2024
Welcome to Make it Cognitive! These Terms of Service ("Terms") govern your use of our website located at www.makeitcognitive.com.au (the "Site") and the services provided by Make it Cognitive ("we," "us," or "our"). By accessing or using our Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Site.
1. Acceptance of Terms
By accessing or using our Site, you affirm that you are at least 18 years old or have the necessary consent from a parent or guardian, and that you have read, understood, and agree to be bound by these Terms.
2. Changes to Terms
We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. Please review these Terms periodically for any updates or changes.
3. Use of the Site
3.1 Account Registration: You may be required to create an account to access certain features of the Site. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Prohibited Activities: You agree not to use the Site for any unlawful or prohibited purpose, including but not limited to:
- Violating any applicable laws or regulations.
- Infringing on the rights of others.
- Distributing viruses or other harmful code.
- Engaging in any activity that interferes with or disrupts the Site or its servers.
4. Products and Orders
4.1 Product Descriptions: We strive to provide accurate descriptions of our products. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
4.2 Pricing and Availability: Prices and availability of products are subject to change without notice. We reserve the right to limit the quantity of products ordered and to refuse or cancel any order at our discretion.
4.3 Payment: You agree to pay all charges associated with your order, including taxes, shipping fees, and any other applicable charges. Payment must be made using the payment methods provided on the Site.
4.4 Order Confirmation: Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason.
5. Shipping and Returns
5.1 Shipping: We will make reasonable efforts to ensure that your order is delivered in a timely manner. However, we are not responsible for any delays in shipping or delivery that are beyond our control.
5.2 Returns and Refunds: Our return and refund policy is available on the Site. Please review our policy for information on how to return products and obtain refunds.
6. Intellectual Property
6.1 Ownership: All content on the Site, including text, graphics, logos, images, and software, is the property of Make it Cognitive or its licensors and is protected by intellectual property laws.
6.2 Limited License: You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent.
7. Limitation of Liability
To the fullest extent permitted by law, Make it Cognitive shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Site; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Site; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
8. Indemnification
You agree to indemnify, defend, and hold harmless Make it Cognitive, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any rights of another.
9. Governing Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Melbourne, Victoria, and you hereby consent to the personal jurisdiction and venue therein.
10. Termination
We reserve the right, in our sole discretion, to terminate your access to the Site, without notice or liability, for any reason, including if we believe that you have violated these Terms or applicable laws.
11. Entire Agreement
These Terms constitute the entire agreement between you and Make it Cognitive regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.
12. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Make it Cognitive
Address: Ground floor, 470 St Kilda Road, Melbourne, VIC 3004, Australia
Phone: +61 493 960 034
Email: info@makeitcognitive.com.au