Terms of use

Last updated: 06th October 2020

1. Introduction

1.1    Definitions: ‘the Website’ means the website https://www.DemiurgeDesigns.com.au. ‘We’, ‘us’, ‘our’, or ‘Demiurge Designs’ means the owner and administrator(s) of https://www.DemiurgeDesigns.com.au and any subsidiaries, affiliates, employees, officers, agents or assigns. ‘You’ means either you as a user/subscriber or a contributor or both of the Website. ‘Contributor’  means any person who submits or supplies his/her ‘Content’, post, edit, and publish it through the Website. ‘Content’ means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you as a ‘Contributor’ post or submit to us or the Website for storage or publication on, processing by, or transmission via, the Website. ‘Terms’ means any ‘Terms of Use’ ‘Terms of Service’ or ‘Terms and Conditions”.
1.2    These Terms set out by us shall govern your use of the website
1.3    Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, contributors, authors, editors and others who access or use the Service. By using the Website, you accept these Terms in full; accordingly, if you disagree with these Terms or any part of these Terms, you must not use the Website.
1.4    If you register with the Website, submit any material to the Website or use any of the Website services, we will ask you to expressly agree to these Terms.
1.5    You must be at least 18 years of age to use the Website; by using the Website or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age.
1.6    The Website uses cookies; by using the Website or agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

2. Credit

2.1    This document was created using a template from SEQ Legal (“http://www.seqlegal.com”).

3. Copyright notice

3.1    Copyright (c) 2020 Swaminathan Muthuraman, the owner and administrator of https://www.DemiurgeDesigns.com.au
3.2    Subject to the express provisions of these Terms:
(a)     we, together with our licensors, own and control all the copyright and other intellectual property rights in the Website and the material on the Website; and
(b)     all the copyright and other intellectual property rights in the Website and the material on the Website are reserved.

4. Licence to use website

4.1    You may:
(a)     view pages from the Website in a web browser;
(b)     download pages from the Website for caching in a web browser;
(c)     print pages from the Website;
(d)     stream audio and video files from the Website; and
(e)     use the Website, services by means of a web browser, subject to the other provisions of these Terms.
4.2    Except as expressly permitted by Section 4.1 or the other provisions of these Terms, you must not download any material from the Website or save any such material to your computer.
4.3    You may only use the Website for your own personal purpose and you must not use the Website for any other purposes.
4.4    Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Website.
4.5    Unless you own or control the relevant rights in the material, you must not:
(a)     republish material from the Website (including republication on another website);
(b)     sell, rent or sub-license material from the Website;
(c)     show any material from the Website in public;
(d)     exploit material from the Website for a commercial purpose; or
(e)     redistribute material from the Website.
4.6    Notwithstanding Section 4.5, you may redistribute our newsletter and marketing material in print and electronic form to any person, without editing the content.
4.7    The Website may contain third-party advertisements or links. We provide such advertisements or links for your convenience only and have not tested any software or verified any information found on such sites. Where the Website provides links/redirects to any other website / digital page, it does not signify an endorsement of the site or its contents by us. Also, We do not endorse any information, details, offers, services, or any contents of links, redirects, and advertisements of the Website by third parties. You access such advertisements or links, websites, and digital pages at your own risk.
4.8    We have taken proper care and precautions to ensure that the information we provide on the Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency, or completeness of anything contained on this Website or on any linked site.
4.9    The information contained on the Website should not take the place of professional advice.
4.10  Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to our Privacy Policy. Our Privacy Policy sets out why we collect personal information from you and how we use that information.
4.11  We reserve the right to restrict access to areas of the Website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
4.12  All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
4.13  We may use dummy content on the Website until they are replaced with our actual content. This is to test the functionality, navigation, links and overall look and feel of the Website. We do not endorse the information or details on the dummy content.

5. Acceptable use

5.1    You must not:
(a)     use the Website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b)     use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)     use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
(d)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without our express written consent;
(e)     access or otherwise interact with the Website using any robot, spider, or other automated means except for the purpose of search engine indexing;
(f)      violate the directives set out in the robots.txt file for the Website; or
(g)     use data collected from the Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).
5.2    You must not use data collected from the Website to contact individuals, companies or other persons or entities.
5.3    You must ensure that all the information you supply to us through the Website, or in relation to the Website, is true, accurate, current, complete, and non-misleading.

6. Registration and accounts

6.1    To be eligible for an account on the Website under this Section 6, you must be at least 18 years of age.
6.2    You may register for an account with the Website by completing and submitting the account registration form on the Website by agreeing to our Terms of use and Privacy Policy.
6.3    You must not allow any other person to use your account to access the website.
6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5    You must not use any other person’s account to access the website unless you have that person’s express permission to do so.

7. User login details

7.1    If you register for an account with the Website, you will be asked to choose a username and password.
7.2    Your user name must not be liable to mislead and must comply with the content rules set out in us; you must not use your account or user name for or in connection with the impersonation of any person.
7.3    You must keep your password confidential.
7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5    You are responsible for any activity on the Website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1    We may:
(a)     suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time at our sole discretion without notice or explanation.
8.2    You may cancel your account on the Website using your account control panel on the website or send an email to us requesting the cancellation of your account.

9. Submitting your content

To be eligible to submit any content on the Website, you must be a registered user. Before you submit your content, Please read carefully, understand and agree to our ‘Contributor Guidelines’.

10. Limited warranties

10.1  We do not warrant or represent:
(a)     the completeness or accuracy of the information published on the Website;
(b)     that the material on the website is up to date; or
(c)     that the website or any service on the website will remain available.
10.2  We reserve the right to discontinue or alter any or all of the Website services, and to stop publishing the Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3  To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these Terms, the Website, and the use of the Website.

11 Limitations and exclusions of liability

11.1  Nothing in these Terms will:
(a)     limit or exclude any liability for death or personal injury resulting from negligence;
(b)     limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)     limit any liabilities in any way that is not permitted under applicable law; or
(d)     exclude any liabilities that may not be excluded under applicable law.
11.2  The limitations and exclusions of liability set out in this Section 11 and elsewhere in these Terms:
(a)     are subject to Section 11.1; and
(b)     govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.
11.3  To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
11.6  You agree to indemnify Us, Demiurge Designs and its affiliates, employees, agents, contributors, third-party content providers, and licensors, and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of the Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
11.7  We will not be liable to you in respect of any loss or corruption of any data, database, or software.
11.8  We will not be liable to you in respect of any special, indirect, or consequential loss or damage.
11.9  All ideas, methods, and suggestions on the Website are for your guidelines only. We will not be liable to you in respect of any changes or loss in medical condition, physical or mental condition that may occur as a result of following our ideas, methods, and suggestions on the Website. You are required to seek professional advice before trying out any of the ideas, methods, and suggestions given on the Website.
11.10  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these Terms

12.1  Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
(a)     send you one or more formal warnings;
(b)     temporarily suspend your access to the Website;
(c)     permanently prohibit you from accessing the Website;
(d)     block computers using your IP address from accessing the Website;
(e)     contact any or all of your internet service providers and request that they block your access to the Website;
(f)      commence legal action against you, whether for breach of contract or otherwise; and/or
(g)     suspend or delete your account on the Website.
12.2  Where we suspend or prohibit or block your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation

13.1  We may revise these Terms posted on the Website from time to time at our sole discretion. You may find the last updated date under the title of this document.
13.2  The revised Terms shall apply to the use of the Website from the date of publication of the revised Terms on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.
13.3  If you have given your express agreement to these Terms, you are agreeing to the most current version of these Terms; Please regularly check the link on the home page to view the most current Terms. Your continued access and use of the Website and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Website at the time of such use. If you do not give your express agreement to the revised Terms, you may delete your account or we will disable or delete your account on the website, and you must stop using the website.

14. Assignment

14.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
14.2  You may not assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these Terms without our prior written consent.

15. Severability

15.1  If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2  If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Third-party rights

16.1  A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
16.2  The exercise of the parties rights under a contract under these Terms is not subject to the consent of any third party.

17. Entire agreement

17.1  Subject to Section 11.1, these Terms, together with our privacy and cookies policy, shall constitute the entire agreement between you and us concerning your use of the Website and supersede all previous agreements between you and us to your use of the Website.

18. Law and jurisdiction

18.1  These Terms are governed by and construed in accordance with the laws of Victoria, Australia.
18.2  Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Our details

19.1  The website, www.DemiurgeDesigns.com.au is owned, operated and administrated by Swaminathan Muthuraman. ‘Demiurge Designs’ is a business name registered in Australia.
19.2  The Australian Business Number of the owner is 87 462 698 044

20. Entire Agreement

These Terms and Demiurge Designs’ ‘Privacy Policy’ constitute the entire agreement between you and Demiurge Designs regarding the subjects covered. No other agreements, understandings, promises, or representations, other than those contained here and in Demiurge Designs ‘Privacy Policy’  are part of the agreement between you and Demiurge Designs.


If you have any questions or concerns regarding these Terms, kindly write to us at info@demiurgedesigns.com.au