We are Qirkio Pty Ltd (ACN 671 870 018) (“Qirkio”). Our principal place of business is at 15 Inkerman Street, St Kilda, VIC 3182, Australia. In these terms of use (“Terms”), when we say “we”, “us”, and “our”, we mean Qirkio. We own and operate the website at https://www.qirkio.com/ (“Website”).
These Terms of Use were last updated: October 2024
By accessing, using, and browsing our Website, our online design services, including any associated services and functionality, and social media pages (collectively, “Digital Services”), you agree to be bound by these Terms of Use and agree to the terms of our Privacy Policy at Privacy Policy.
We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately following publication on our Website.
Your continued use of our Website following such publication will represent an agreement by you to be bound by these Terms of Use as amended.
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Website and any other Digital Services without notice.
We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Website.
The Digital Services may contain links to third-party websites (“Linked Sites”) which are not operated by us.
We have no control over the Linked Sites and accept no responsibility for the Linked Sites or any loss or damage that may arise from your use of them.
Linked Sites are provided for your convenience and do not constitute, expressly or impliedly:
Your use of the Linked Sites is at your own risk and is subject to the terms of use of each Linked Site.
We offer different subscription options at different fees set out on our Website from time to time. The subscriptions offered by us in respect of the Digital Services will be governed by our Standard Terms and Conditions. More information on the different subscription options and our Standard Terms and Conditions can be found at Standard Termas and Conditions.
We reserve the right to vary and update the subscription options and fees on our Website at our sole discretion subject to our Standard Terms and Conditions.
Every effort has been made to ensure the accuracy of the information contained on our Website. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the information contained on our Website is provided without any guarantees, conditions, or warranties as to its accuracy.
To the fullest extent permitted by law, we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and will not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
The intellectual property rights in all software and content (including photographic images) made available to you on or through our Website remain the property of us or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors.
You acknowledge and agree that all such rights are owned, controlled, or licensed by us and our licensors, as the case may be.
You are not permitted to publish, manipulate, modify, reverse engineer, distribute or reproduce in any format any of the software or content relating to our
Website and any other Digital Services which may infringe our intellectual property rights.
You agree to indemnify and hold harmless us and our its directors, officers, employees, consultants, agents, and affiliates from any and all third-party claims, liability, damages or costs (including without limitation legal fees) arising from:
If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms of Use will not be affected and all other provisions remain in full force and effect.
So far as possible, where any provision or part of any provision can be severed to render the remaining part valid, that provision must be interpreted accordingly. Alternatively, you agree that the provision will be rectified and interpreted in such a way that closely resembles the original meaning of the provision or part of the provision as is permitted by law.
These Terms of Use are governed by the laws of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts and
Tribunals of the State of Victoria, Australia.
Any failure or delay by us in enforcing any provision under these Terms of Use does not constitute a waiver of any of our rights under these Terms of Use.
If you have any questions, concerns, or complaints in respect of these Terms of Use or our Digital Services, please feel free to contact us: admin@qirkio.com