Terms of Use

These terms and conditions of use (the “Terms of Use”) apply to the ServePoint Pty Ltd Trading as NameKast and ABN 82 602 393 073 (Company) website located at www.namekast.com (the “Website”) and all associated websites linked to the Website. By using our Website and services you agree and accept the Terms of Use.

1.     Content and Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Company does not, nor does any other party who provides Content to the Website, make any warranty as to the accuracy, completeness or currency of the Content. As a user of the Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content. To the extent permitted by law, Company and its employees, officers, agents and independent contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.

Except as expressly provided in these Terms of Use, no part of the Website or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, websites or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent.

Company and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. Company does not accept responsibility for any liability in respect of access to other content through the use of the Website.

2.     Use of our Website

While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Company reserves its right to bar individuals thought to be conducting such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any other services offered on or through the Website by hacking or any other illegitimate means.

You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

You may not trace or seek to trace any information of any user or customer of Company, including any Company account not owned by you to its source. You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or Company’s systems or networks, or any systems or networks connected to the Website.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Website or any service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.

3.     Confidentiality

Company does not guarantee that your use of this Website will be confidential. Company is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of the Website.

4.     Privacy

Company is committed to adopting the highest standards to safeguard our customers’ personal information. Please refer to our Privacy Policy which sets out how and why we collect, use and disclose your personal information.

5.     Links to Other Websites and to the Company Website

The Website may contain links to other independent third-party websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Company’s control, and Company is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

6.     Cancellation and Termination

Company may at its sole discretion terminate your access and refuse any and all current or future use of the Website. Company reserves the right to refuse service to anyone for any reason at any time.

7.     Liability

The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms of Use can exclude or restrict the application of such laws but, to the extent that it can, Company does not give any guarantee or warranties or make any representation of any kind, express or implied. Subject to claims available under consumer protection laws, Company is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with our services.

Company reserves the right to do the following, at any time, without notice:

  1. modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
  1. modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
  1. to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

8.     Indemnity

You must indemnify and hold harmless Company or its employee’s, independent contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

  • any breach by you of these Terms of Use; or
  • reliance by you on any information obtained through the Website.

9.     Applicable Law

The Website (excluding any linked third party websites) is controlled by the Company. By accessing the Website, you accept that any disputes about the Website or the Content are to be determined by the Courts having jurisdiction in Australia.

Although the Website can be accessed throughout Australia and overseas, Company does not represent that the Content on the Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access the Website from outside Australia, you do this at your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

10.  Contact Us

Company aims to provide an exceptional level of service to our customers at all times. If you feel you have cause for complaint or any suggestions for improvement, please email us at support@namekast.com or call us on (02) 9238 6274 and we will endeavour to respond to you within ten (10) business days.

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