PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.
Welcome Message.
Tabinyashi Media Pty Ltd ABN [enter ABN number] (“Tabinyashi Media”, “we”, “us”, or “our”) welcomes you and invites you to access and use our website. When we say Tabinyashi Media, we mean any and all companies affiliated with Tabinyashi Media products and services, including but not limited to: Tabinyashi Meida Pty Ltd and all affiliates.
“You” may be both a user of the Services and a user/visitor of the website or either.
Website Terms of Use.
By accessing, browsing, and utilising the Website, or purchasing anything from this Website, you acknowledge that you have comprehensively read, understood, and consent to be legally bound by all provisions outlined in the Terms of Use, as well as our Privacy Policy and Giveaway Terms and Conditions. Please note that these Terms of Use are subject to periodic updates without prior notice. If you do not agree to abide by these Terms of Use, Privacy Policy and our Giveaway Terms and Conditions, kindly refrain from using the Website. Furthermore, you will be bound by our guidelines, terms, conditions, and agreements applicable to any forthcoming services provided by Tabinyashi Media.
Services.
Tabinyashi Media provides promotion, educational and endorsement services (including, but not limited to, events, promoting and endorsing products or services, general software engineering advice, general marketing advice, general sales advice), and such other services that are consistent with the delivery of our business objectives. You can find a description of our services on our Website under Services on the navigation menu.
Discounts.
Purchaser's of our general information are provided with a discount code that can be used to reduce the price of Services we offer. These discount codes are located, adjacent to the 'Transaction ID' label, in the transaction record we provide on this website. Purchaser's of our general information are entitled to a ten percent (10%) reduction in price on our Services. The services eligible for price reduction include interviewing, drafting, partner membership and events. Price reduction is UNREPEATABLE. The price of a Service cannot be further reduced once a reduction in price has occurred.
Purpose.
The purpose of the Website is to enable access to our Services, offer information related to sales, marketing and software engineering, and provide supplementary resources aimed at enhancing the provided information ("Intended Purpose").
Age Requirement and Parental Consent.
The Website and Services are only available to individuals aged 18 years or older. If you are younger than 18, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.
Accuracy Disclaimer and Independent Evaluation.
Tabinyashi Media endeavors to maintain accuracy and currency in the content provided on this website. However, we do not assert or warrant the accuracy, reliability, currentness, completeness, suitability, or availability of the content on this website or any linked websites. It is recommended that you independently assess and confirm the accuracy, reliability, currency, and completeness of any information, and its appropriateness for your specific circumstances, prior to reliance.
Disclaimer of Professional Advice and Liability.
The information provided to you on this Website or through our Services is not intended as professional legal, accounting, investment, tax, real estate, medical, psychological, financial, software engineering, or any other form of professional advice. It is of a general nature and may not be tailored to your specific circumstances. Moreover, it does not verify the accuracy of the information you provide about yourself or your business. Therefore, the information provided to you on this Website or through our Services must not be relied upon without a comprehensive understanding of your current situation and future objectives. You bear the sole responsibility of determining whether the information provided by us suits your requirements. We do not guarantee outcomes, provide legal advice, or ensure industry compliance. Tabinyashi Media disclaims all liability for any loss or damage resulting from the use of this website, our Services, or reliance on the content of either.
Risk Disclaimer and Security Recommendation.
You access this website at your own risk. While Tabinyashi Media endeavors to maintain the availability and proper functioning of this website, interruptions or delays in access, as well as exposure of your device to viruses, malware, interception, or other interference, may occur. It is advised that you employ up-to-date antivirus and security software suitable for your device to mitigate the risk of such interference during communications with this website. Tabinyashi Media disclaims responsibility for any interference or loss to your device resulting from your use of this website or any linked websites.
User Responsibilities and Website Usage.
Your responsibility extends to ensuring that your access to and usage of this website complies with the law and does not violate any intellectual property rights. Actions that could potentially harm, overload, or disrupt this website, or impede others' use of it, are strictly prohibited. Furthermore, employing data mining, robots, or similar tools to systematically gather data from or pertaining to this website is prohibited. It is also prohibited to utilise this website for obtaining information about other users or transmitting malware. Tabinyashi Media disclaims any liability for unauthorised access, usage, or other activities. Full rights are reserved concerning unlawful or unauthorised access or usage.
External Links Disclaimer.
This website includes links to external websites. Tabinyashi Media does not exercise control over these external websites and bears no responsibility for their content. The presence of these links does not imply endorsement of the content, or any affiliated organisation, individual, product, service, or application. Tabinyashi Media cannot ensure the continual functionality of these links, nor can it regulate the availability of the linked websites. Tabinyashi Media does not assert that the content on external websites is trustworthy or devoid of malware, flaws, or violations of intellectual property rights. Tabinyashi Media does not authorise any infringement of intellectual property rights through the provision of these links.
Content Disclaimer.
This website depicts content including organisations, individuals, products, services, applications, trademarks, logos and brands that are protected by privacy, copyright or trademark rights ("Protected Content"). The presence of Protected Content does not imply endorsement of our products or services. All organisations, individuals, products, services, applications, trademarks, logos and brands, that are depicted on this website, have not endorsed nor taken part in any of our products or services. Tabinyashi Media does not authorise any infringement of intellectual property rights through the depiction of Protected Content.
Ownership and Usage Rights.
The content featured on this Website and on authorised third-party platforms hosting our Website ("Subject Matter"), comprising logos, artwork, text, graphics, widgets, icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of Tabinyashi Media, our licensors, or licensees. The compilation of Subject Matter on the Website (including on authorised third-party platforms) is exclusively owned by Tabinyashi Media and is safeguarded by Australian and international copyright laws, treaties, and conventions. All software and code utilised on the Website is owned by Tabinyashi Media or our suppliers and is protected under applicable copyright laws, treaties, and conventions.
Any logos, service marks, page headers, graphics, trademarks, widgets, icons, scripts, and trade names ("Intellectual Property") found on the Website are proprietary to Tabinyashi Media, our licensors, or licensees. Tabinyashi Media does not authorise any entity or individual to utilise any Intellectual Property in connection with products or services not affiliated with Tabinyashi Media in a manner likely to cause confusion or discredit Tabinyashi Media. Intellectual Property not owned by Tabinyashi Media on the Website belong to their respective owners, who may or may not be associated with Tabinyashi Media.
You are permitted to print and download portions of the content on this website for personal and non-commercial use, provided that copyright notices are not altered or removed.
For permission to link to this website, please contact us using the information provided below.
Tabinyashi Media has secured permission from copyright holders (where known) to utilise third-party content. If you believe that any content on this website violates your copyright or that of others, please contact us using the information provided below. Any content you post or submit to this website (including suggestions) will not be treated as confidential or proprietary. You grant Tabinyashi Media an irrevocable, perpetual, worldwide, transferable, royalty-free, non-exclusive right to utilise this content for any purpose.
Updates to Terms of Service.
At any time, these Terms, or any portion thereof, may undergo modifications by us. This could involve the addition or removal of certain terms at any given time. These modifications will be published here and will take effect immediately upon posting. Such changes will be made without prior notification to you. Your continued use of the Website and the Services following such posting will signify your acceptance of any and all modifications, additions, or deletions made to the Terms.
Updates and Modifications.
We retain the right to modify or terminate any element, service, or functionality of the Website at our discretion, which includes, but is not restricted to, content, availability, and necessary access equipment, without prior notification. Additionally, we reserve the sole discretion to limit, suspend, or cease these Terms and your access to any portion of our Website or Services, at any given moment and for any reason, without any prior notification or liability on our part.
Jurisdiction and Applicability.
The Website and Services are based in Australia. We make no claims concerning whether the Website, Services, and components related to the Services may be downloaded, viewed, or be appropriate for use outside of Australia. If you access the Websites or Services from outside Australia, you agree that you do so at your own risk. Regardless of your location, you agree that you are solely responsible for ensuring compliance with all applicable laws within your specific jurisdiction. The laws of Queensland, Australia apply to these terms, and the parties submit to the exclusive jurisdiction of the courts of Queensland, Australia.
Confidentiality and Information Submission.
Unless explicitly indicated otherwise herein, any information provided by you through this Website will be considered non-confidential and non-proprietary. By submitting information, you assert that you possess the legal authority to do so and agree not to submit any information unless you are authorised to do so by law, and always in a manner that does not jeopardise our business interests or reputation. This includes refraining from submitting any information intended to defame or discredit us, or to engage in harassment, bullying, or unlawful discrimination against our staff or third parties, or to make false or deceptive statements.
With regards to any submitted feedback about the Website ("Website Feedback"), including but not limited to, suggestions, enhancement requests, recommendations, corrections, you hereby assign and grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, and sublicensable right, title, and interest to utilise and incorporate such feedback. We are not obliged to credit you for Website Feedback or keep it confidential.
Any concepts disclosed to us outside of an existing and documented confidential business arrangement are not considered confidential. Consequently, we may develop, utilise, disclose, or publish similar ideas without compensation or attribution to you. By submitting an idea, Website Feedback or detailed proposal through this Website, you agree to abide by these Terms.
Registration and Responsibilities.
You may have the opportunity to register, through an online registration form, to verify the availability of event tickets purchasable from us ("Verifying Ticket Availability"). Your information will be handled in accordance with our Privacy Policy. By registering, you confirm that all provided information is current, complete, and accurate to the best of your knowledge. You are accountable for acquiring and sustaining all necessary connectivity, computer software, hardware, and other equipment required for accessing and utilising the Website, as well as any associated charges.
Acknowledgment and Responsibilities.
By Verifying Ticket Availability with us, you affirm that you have read, comprehended, and consented to these Terms of Use. Your information will be handled in accordance with the Intended Purpose and our Privacy Policy. By Verifying Ticket Availability, you assure that all provided information is current, complete, and accurate to the best of your knowledge.
Disclaimer of Warranties and Limitation of Liability.
YOU EXPRESSLY AGREE TO BE HELD SOLELY RESPONSIBLE, REGARDLESS OF YOUR COMPETENCY, FOR ANY CONSEQUENCES OR OUTCOMES THAT MAY RESULT FROM YOUR DECISION TO USE THE WEBSITE AND ITS SERVICES. You understand and agree that you bear sole responsibility for managing your business affairs, sales strategies, and software development endeavors. Tabinyashi Media refrains from providing any explicit or implicit representations, warranties, or assurances, whether orally or in writing, regarding your financial gains, business profitability, marketing effectiveness, audience expansion, software security or any other outcomes.
You acknowledge that your actions and achievements in life, innovation and business are contingent upon personal attributes such as your expertise, educational background, ingenuity, commitment, salesmanship, network, and financial circumstances. Tabinyashi Media emphasizes the dynamic nature of these factors and their influence on individual outcomes, disclaiming any notion of uniform success or guaranteed results.
Furthermore, you recognise, agree, and understand that any testimonials or endorsements provided by Tabinyashi Media's customers or audience, as represented through our Services, Websites, marketing materials, advertisements, or any communication channels, have not been scientifically evaluated by us. The experiences and results described by individuals may vary significantly. Statements made on our Services, Websites, marketing materials, advertisements, or communication channels are solely opinions and do not constitute guarantees or promises of actual performance.
Disclaimer of Warranties and Limitation of Liability.
The content provided on this Website is offered on an "AS IS" basis. We do not make any representations or warranties regarding the accuracy, completeness, or reliability of this Website or any services accessible through it. We explicitly disclaim all express and implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall we or our respective directors, employees, consultants, shareholders, agents, or other representatives be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages, including, but not limited to, lost profits, business interruption, loss of programs or data, arising out of or in connection with the use of this Website, any content on or accessed through it, or any services linked to it, regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise. All limitations herein shall apply even if a remedy fails of its essential purpose. This provision is not intended to exclude liability that cannot be excluded under applicable law.
Indemnification Agreement Regarding Website Use and Services.
You expressly agree to fully indemnify and hold harmless us, along with our directors, employees, consultants, shareholders, agents, and other representatives, unconditionally and irrevocably, from and against any and all actions, claims, demands, losses, liabilities, or costs (including legal costs on a solicitor and client basis), regardless of whether they arise under contract, tort, or statute (including those brought by third parties), that stem from, result from, or are in any way associated with your use of the Website and Services, including any transactions involving the sale of products or services on your website.
Limitation of Liability and Consumer Protection Notice.
You may possess rights under consumer protection legislation, such as the Australian Consumer Law, which cannot be waived, restricted, or modified by these terms.
To the fullest extent permitted by law, Tabinyashi Media, along with our directors, employees, consultants, shareholders, agents, and other representatives, are excluded from being held liable for the following:
The exclusion of liability herein, includes but is not limited to, compensatory damages, direct loss, consequential or indirect loss, loss of data, data corruption, loss of programs, loss of income, loss of profit, loss of anticipated savings, loss of use, loss of financial opportunity, loss of business, loss of reputation, loss of property, property damage, and third-party claims.
Severability Clause and Compliance with Applicable Laws.
If any of these terms conflict with or violates any law in a particular jurisdiction, rendering it illegal, invalid, or unenforceable in that jurisdiction, then:
Jurisdiction and Governing Law.
These Terms of Use and our Privacy Policy and Giveaway Terms and Conditions are governed by the laws of Queensland. Each party agrees to submit exclusively to the jurisdiction of the courts of Queensland, Australia.
Dispute Resolution Clause.
Any dispute, controversy, or claim arising out of or relating to these terms, including any question regarding their existence, validity, or violation, shall be resolved by arbitration in accordance with the ACICA (Australian Centre for International Commercial Arbitration) Arbitration Rules. The arbitration proceedings shall take place in Brisbane, Australia. The language used in the arbitration shall be English. The number of arbitrators shall be determined as either one or three.
Enforcement and Severability Clause.
If we do not enforce strict compliance with any provision of these Terms, it does not waive our right to enforce that provision or any other provision in the future. If any provision of these Terms is determined to be void, invalid, or unenforceable, it will be modified or removed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
If you have any questions about our Terms of Use, the practices of this site, or your interactions with this site, please reach out to us:
Tabinyashi Media
Unit 801/59 O’Connell St
Kangaroo Point QLD 4169
0488165650
support@tabinyashimedia.com
Please review our link to pricacy policy and Giveaway Terms and Conditions
Please make sure to revisit these Terms of Use periodically to review the latest version. We retain the right, at our sole discretion, to modify or alter these Terms of Use at any time without prior notice; nevertheless, the date of any effective changes will be indicated at the bottom of this page. Your continued access to or usage of this website will signify your acceptance of the revised terms.
The Terms of Use was last updated on 08 April 2024.
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Unit 801/59 O’Connell St, Kangaroo Point QLD 4169 | support@tabinyashimedia.com | Phone: 0488165650
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