About the Website

Welcome to www.stacklab.com.au (Website). The Website is operated by James Henderson t/as STACKLAB (ABN: 52 393 603 116) (STACKLAB).

The Website provides you with an opportunity to browse the site and STACKLAB's services (Services).

Access to and use of the Website, or any of its associated Services, is provided by STACKLAB. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

STACKLAB reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by using, browsing, or accessing the Website. Your continued use of the Website after any changes to these Terms constitutes acceptance of those changes.

Information Disclaimer

Any information, advice, content or documentation provided on the Website, through social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.

All care is taken in the preparation of the information and published materials on the Website, through social media accounts, podcast, or on any other related platform. STACKLAB does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

To the extent permissible by law, STACKLAB will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through social media accounts or on any other related platform.

Copyright and Intellectual Property

The Website and all of the related products of STACKLAB 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by STACKLAB or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by STACKLAB, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

• use the Website pursuant to 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.

STACKLAB does not grant you any other rights whatsoever in relation to the Website. All other rights are expressly reserved by STACKLAB.

STACKLAB retains all rights, title and interest in and to the Website. 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
• a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of STACKLAB and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public 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.

Privacy

STACKLAB takes your privacy seriously and any information provided through your use of the Website are subject to STACKLAB's Privacy Policy, which is available on the 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
• STACKLAB 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, except for any warranties or conditions that cannot be excluded under the Australian Consumer Law. None of the affiliates, directors, officers, employees, agents, contributors and licensors of STACKLAB make any express or implied representation or warranty about the Services or content shared on the Website beyond those required by law. 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, the Services;
• costs incurred as a result of you using the Website or the Services; and
• the Services or operation in respect to links which are provided for your convenience.

Third Party Services

The Website may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). STACKLAB does not control any Third-Party Services. STACKLAB additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and STACKLAB will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

Limitation of Liability

STACKLAB's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you, except where such limitation is prohibited by law, including but not limited to liability that cannot be excluded under the Australian Consumer Law, liability for death or personal injury caused by negligence, or liability for fraud or fraudulent misrepresentation.

You expressly understand and agree that STACKLAB, its affiliates, employees, agents, contributors and licensors will 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 will 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.

Mailing List Registration

You may be given the option to register for the STACKLAB Mailing List (Mailing List).

As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including name and email address.

If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from STACKLAB.

Indemnity

To the extent permitted by law, you agree to indemnify STACKLAB, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees) incurred, suffered or arising out of or in connection with Your Content, to the extent such claims arise from your breach of these Terms, your violation of any law, or your violation of any rights of a third party;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so that arise from your breach of these Terms, your negligence, your wilful misconduct, or your violation of applicable law; and/or
• any breach of the Terms.

Venue and Jurisdiction

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 will be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of New South Wales, Australia.

Independent Legal Advice

Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.

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