TERMS AND CONDITIONS OF ACCESS TO WEBSITE AND APPLICATION
The Media Crypt website (the Website) and Media Crypt application (the Application) are owned and operated by Byculla Pty Ltd ACN 611 486 732 trading as Done n Dusted Videos (the Owner).
These terms and conditions (Terms and Conditions) govern your use of the Website and the Application, however accessed. By using the Website and the Application, you agree to be bound by the Terms and Conditions without limitation. If you do not accept the Terms and Conditions, you must cease using the Website and the Application immediately.
Items of digital media (photos and videos) (Item or Items) are offered for sale via the Application on behalf of the seller of the Items (Seller).If you purchase an Item via the Application a contract of sale will be formed between the Seller and you. The Owner shall have no obligations or liability to you, or the Seller, under or in respect of the contract of sale.
The Owner reserves the right to update and amend the Terms and Conditions from time to time. The Owner will communicate all changes on the Website and the Application. Unless otherwise stated, amendments will be effective thirty (30) days after posting of the amended Terms and Conditions on the Website and the Application.
Age of Majority
1. You represent and warrant that you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to access the Website and the Application. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the Website and the Application immediately and may not use or access the Website or the Application or print or download any materials from them.
Relationship with Seller
2. Any communication between you and a Seller, whether before or after the purchasing of an Item, is your responsibility. You and the Seller are responsible for all of the terms and conditions of any transactions that may occur between you and the Seller including, without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, insurance, fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law.
3. You acknowledge and agree that the Owner does not, unless otherwise expressly stated, take ownership of Items at any time and is not involved in the transfer of legal ownership from the Seller to you.
4. You acknowledge and agree that responsibility for the quality of Items (including production quality) rests solely with the Seller. If you are not satisfied with the quality of an Item you have purchased, you must contact the Seller (not the Owner) directly.
5. You acknowledge and agree that:
(a) responsibility for the content of listings of Items (Listings) rests solely with the Seller; and
(b) the Seller is solely responsible for any representation made in connection with its Listings.
6. If a Seller breaches any obligation to you, you (not the Owner) are responsible for enforcing any rights that you may have.
7. You are responsible for maintaining the confidentiality of any account and password information you have for the Website and / or the Application. You are responsible for all conduct carried out under such accounts. The Owner is not liable for any damages, costs or expenses whatsoever arising from your failure to comply with these security measures.
Use of material on the Website and the Application
8. When accessing and using the Website and the Application, you must:
(a) not attempt to undermine the security or integrity of the Owner’s computing systems or networks or, where the Website or the
Application are hosted by a third party, that third party’s computing systems or networks;
(b) not use, or misuse, the service offered by the Owner in any way which may impair the functionality of the Website or the
(c) not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to
access or to the computer system on which the Website or the Application is hosted;
(d) not transmit, or input into the Website or the Application, any:
i. files that may damage any other person’s computing devices or software;
ii. content that may be offensive;
iii. material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do
not have the right to use); or
iv. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to
deliver the Website or the Application;
9. Title to, and all intellectual property rights with respect to, the Website and the Application and any associated documentation are the property of the Owner (save for any third party intellectual property owned by a Seller or supplier) and may not be used or reproduced in full or in part.
10. You may not modify, copy or otherwise commercialize:
(a) the layout of the Website or the Application; or
(b) any computer software or code contained in the Website or the Application.
Third Party Providers
11. The Owner utilizes third party service providers (Third Party Providers) in order to provide the Website and the Application.
12. To the fullest extent permitted by law, the Owner will not be liable for any loss, damage, or cost of any kind, to the extent to which it is caused, or contributed to, by any Third Party Provider.
Links to other websites
13. The Website and the Application may contain links to sites on the Internet owned and operated by third parties which are not under the control of the Owner.
14. In relation to the other sites on the Internet, which are linked to the Website, the Owner:
(a) provides the links for convenience only; and
(b) is not responsible for the material contained on the linked sites or the consequences of accessing such sites.
15. The Owner does not warrant, guarantee or make any representation that:
(a) the Website, Application or the server that makes these available, are free of software viruses;
(b) the functions contained in any software contained in the Website and the Application will operate uninterrupted or are error-free;
(c) any errors or defects in the Website or Application will be corrected.
16. The Owner is not liable to you for:
(a) errors or omissions in the Website, Application or any linked sites on the Internet;
(b) delays to, interruptions of or cessation of the services provided in the Website, Application or linked sites;
(c) any damage to your computing devices or software resulting from your use of the Website, Application or linked sites;
(d) any unlawful discourse of your information by a third party, including Personal Information (as defined below); or
(e) defamatory, offensive or illegal conduct of any user of the Website or Application,
whether caused by the negligence of the Owner, its employees or independent contractors or by any other cause.
17. To the maximum extent permitted by law, the Owner excludes all liability and responsibility to you (or any other person) in contract, tort
(including negligence), or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use
of, or reliance on, the Website or the Application.
18. If you suffer loss or damage as a result of Owner’s negligence, breach of contract or other act or omission that cannot at law be avoided pursuant to clause 17 above, any claim by you against the Owner arising will be limited in respect of any one incident, or series of connected incidents, to one-thousand Australian dollars ($1,000.00).
19. You agree to release, indemnify and keep indemnified the Owner from and against all actions, claims, costs (including legal costs and
expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by the Owner arising out of or in connection with
(a) failure to comply with these Terms and Conditions;
(b) failure to complete a transaction;
(c) use of the Website or the Application;
(d) purchase of an Item; and
(e) infringement of the intellectual property, privacy or confidentiality rights of a Seller or any third party.
Use of information gathered
20. The Owner and/or persons duly authorised by the Owner may collect and process any information:
(a) which you provide when accessing the Website or the Application; and
(b) regarding the way in which you use the Website and the Application.
22. You represent and warrant in relation to any material and/or information (including Personal Information) you provide to the Website or Application that:
(a) you are authorized to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or
(c) the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property rights including, but not limited to, trade marks, service
marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of
Western Australia including, but not limited to, the Privacy Act 1988 (Cth), Copyright Act 1968 (Cth) the Competition and
Consumer Act 2010 (Cth) and the Fair Trading Act 2010 (WA) and equivalent state and territory legislation.
Termination of access
23. The Owner may terminate your access to the Website or the Application at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access.
Removal of information
24. The Owner may remove any material and/or information in the Website or Application, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material and/or information.
25. If any part of these Terms and Conditions are found to be void, unlawful, or unenforceable then that part will be deemed to be severed without affecting the validity and enforceability of the remaining provisions.
26. These Terms and Conditions are governed by the laws of Western Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Western Australia and of the Commonwealth of Australia to determine any dispute arising out of these Terms and Conditions.