Terms of Service

This page was last changed on February 27, 2025

Agreement to Terms

These Terms of Service (the “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and CandiScreen Pty Ltd (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://candiscreen.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Australia with our registered office at Ground Floor, 470 St Kilda Road, Melbourne VIC 3004, Australia. By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to change these Terms of Use at any time. Changes will be effective upon posting the updated Terms on the Site, and your continued use of the Site following the posting of changes constitutes your acceptance of such changes.

The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law. If you access the Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with local laws.

In using the Site, you acknowledge and agree that your data is processed in accordance with our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site and all of its Content (including but not limited to, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics) as well as the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by applicable intellectual property laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site, nor any Content or Marks, may be copied, reproduced, republished, uploaded, posted, publicly displayed, or distributed without our prior written permission.

Provided you are eligible to use the Site, we grant you a limited, non-exclusive license to access and use the Site and download or print a copy of any portion of the Content solely for your personal, non-commercial use. All rights not expressly granted herein are reserved.

User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain and promptly update such information; (3) you have the legal capacity to enter into these Terms; (4) you are not a minor in your jurisdiction; (5) you will not access the Site through automated or non-human means; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law.

If any information provided is untrue or inaccurate, we reserve the right to suspend or terminate your account.

User Registration

Registration may be required to access certain features of the Site. You agree to keep your account information, including your password, confidential. We reserve the right to modify or remove any username that is deemed inappropriate.

Prohibited Activities

You agree not to use the Site for any purpose other than that for which it is provided. In connection with your use of the Site, you agree not to:

Systematically retrieve data to create a database or directory without our express written permission.
Trick, defraud, or mislead us or other users.
Circumvent or interfere with security-related features of the Site.
Disparage, harm, or otherwise adversely affect our reputation or that of the Site.
Use the Site to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports.
Engage in any activity that violates any applicable law or regulation.
Upload or transmit harmful software or engage in disruptive behaviors.
Attempt to bypass any access controls or security measures on the Site.

User Generated Contributions

The Site may invite you to contribute content, including but not limited to text, images, or videos (“Contributions”). By submitting Contributions, you represent that you have the rights to do so and grant us a non-exclusive, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Contributions.

We reserve the right to edit or remove any Contributions at our discretion.

Contribution License

By posting Contributions, you irrevocably grant us an unrestricted license to use, copy, reproduce, modify, publish, and distribute your Contributions in any media or format, for any purpose (including commercial purposes). You further represent that you have all necessary rights to grant this license.

The Site may allow you to link your account with third-party social media accounts (“Third-Party Accounts”). By doing so, you authorize us to access and use information from those accounts in accordance with the relevant third-party terms and this agreement. We are not responsible for the privacy practices of these third parties.

Submissions

Any questions, suggestions, or feedback you provide (“Submissions”) become our property, and you grant us a worldwide, perpetual, irrevocable license to use such Submissions without any obligation of compensation or acknowledgment.

Site Management

We reserve the right to monitor and manage the Site, including (without limitation) the removal or modification of content that we deem excessive, inappropriate, or burdensome to our systems.

Privacy Policy

Our Privacy Policy, available at https://candiscreen.com/privacy, explains how we collect, use, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). By using the Site, you consent to such processing.

Term and Termination

These Terms shall remain in effect while you use the Site. We reserve the right to suspend or terminate your access to the Site at any time, with or without notice, for any reason, including breach of these Terms.

If your account is terminated, you are prohibited from creating a new account under a different name or identity.

Modifications and Interruptions

We reserve the right to change, modify, or discontinue the Site or any part of it at any time without notice. We are not liable for any interruption, delay, or error in the operation of the Site.

You agree that we have no obligation to update or correct any information on the Site.

Governing Law & Consumer Rights

These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Nothing in these Terms is intended to exclude or limit any statutory rights you have under the Australian Consumer Law, which cannot be waived.

Dispute Resolution

Informal Negotiations

In an effort to resolve disputes quickly and efficiently, the Parties agree to first attempt to resolve any dispute informally through negotiations for a period of at least thirty (30) days.

Binding Arbitration

Any dispute arising out of or in connection with these Terms shall, if not resolved through informal negotiations, be finally resolved by binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with its rules. The seat of arbitration shall be Melbourne, Australia, and the proceedings shall be conducted in English. Notwithstanding this arbitration clause, you retain the right to pursue claims in a small claims tribunal or appropriate court if applicable under Australian law.

Exceptions

The Parties agree that claims relating to intellectual property rights or for injunctive relief are not subject to mandatory arbitration and may be brought before a court of competent jurisdiction.

Corrections

We reserve the right to correct any errors, inaccuracies, or omissions on the Site at any time without prior notice.

Disclaimer

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SITE.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR OFFICERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SITE. HOWEVER, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT YOUR STATUTORY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW.

Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Site or breach of these Terms.

User Data

We maintain data that you provide or that is generated by your use of the Site. While we take reasonable measures to protect this data, you acknowledge that no method of transmission over the Internet is completely secure. You further agree that your data is processed in accordance with our Privacy Policy and applicable Australian law, including the Privacy Act 1988 (Cth) and the APPs.

Electronic Communications, Transactions, and Signatures

Your interactions with the Site, including emails and online forms, constitute electronic communications. By using the Site, you consent to receive electronic communications from us, and you agree that all such communications satisfy any legal requirement that they be in writing.

California Users and Residents

If you have any unresolved complaints, you may contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Miscellaneous

These Terms of Use, along with any policies or operating rules posted on the Site, constitute the entire agreement between you and us regarding your use of the Site. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision. If any part of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

There is no joint venture, partnership, or agency relationship created by these Terms. You agree that these Terms will not be construed against us merely because we drafted them.

Contact Us

For questions or concerns regarding these Terms or the Site, please contact us at:

CandiScreen Pty Ltd
Ground Floor, 470 St Kilda Road
Melbourne VIC 3004
Australia
Email: support@candiscreen.com

TERMS OF SERVICE

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