Terms and Conditions

© Copyright Omnific Design. 2015. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Omnific Design.

TERMS AND CONDITIONS OF USE

Welcome to the “The Simple Manifesto” book promotional website found at http://www.simplemanifesto.com (the Site) operated by Omnific Design ABN 44 962 811 469 (Omnific Design).

Use of this Site is governed by these Terms and forms a binding contractual agreement between you, the User of this Site, and Omnific Design. For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.

By continuing to use the Site, you acknowledge and agree that you have had sufficient chance to read and understand these Terms. If you do not agree to these Terms, you may not access or otherwise use the Site and the services offered on the Site.

The information and materials provided by Omnific Design on the Site may be used for informational purposes only.

RESTRICTIONS

You may view, download and copy information and materials available on this Site solely for your personal, non-commercial use. You may also use such material within your organisation in connection with the support of Omnific Design products and services. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorised. Any violation of the foregoing may result in civil and/or criminal liabilities.

ACCESSING THE SITE

You acknowledge and agree that although Omnific Design will use reasonable efforts to ensure that the Site and services are available, temporary interruptions of the services available through the Site may occur. As such, the services available on the Site are provided to you on an “AS IS” basis and Omnific Design is not liable to you for any temporary interruption in the services or your access to the Site.

We reserve the right to withdraw or amend the services and content provided on the Site without notice. We may restrict access to some parts of or the entire Site from time to time at our sole discretion.

OWNERSHIP OF INFORMATION AND MATERIALS

The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this Site are the copyrighted works of Omnific Design, and any unauthorised use of that information or materials may violate copyright, trademark and other laws.

Nothing in these Terms constitutes a transfer of any Intellectual Property Rights. As a User, you are only entitled to browse the content. You are not licenced to copy or otherwise reproduce the content on the Site for display, use, play, or download elsewhere. Any rights not expressly granted herein are reserved.

Unless expressly stated, all persons, third party trademarks and images of third party products, services or locations on the Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection. Where a trade mark or brand name is used, it is solely used to describe or identify products.

LINKS TO OTHER SITES

For convenience and to make the Site truly service oriented we have included links to complementary Sites on the Internet. These Sites are owned and operated by third parties. Omnific Design makes no representation and is not responsible for the availability of, or content located on or through, these third party Sites. A third party link from the Omnific Design Site is not an indication that Omnific Design endorses the third party or its Site, or has any affiliation with or between Omnific Design and the third party hosting Site.

FEEDBACK

All comments, feedback, information or materials submitted to Omnific Design through or in association with this Site shall be considered non-confidential and Omnific Design’s property. By submitting such comments, information, feedback, or materials to Omnific Design, you agree to a no-charge assignment to Omnific Design of worldwide rights to use, copy, modify, display and distribute the submissions. Omnific Design may use such comments, information or materials in any way it chooses in an unrestricted basis.

DISCLAIMER

The Omnific Design team strives to provide you with useful, accurate, and timely information on this Site. Accordingly, Omnific Design has attempted to provide accurate information and materials on this Site but assumes no responsibility for the accuracy and completeness of that information or materials. Omnific Design may change the content of any information or materials available at this Site, or to the products described in them, at any time without notice. However, Omnific Design makes no commitment to update the information or materials on this Site which, as a result, may be out of date.

Information and opinions expressed are not necessarily those of Omnific Design. Neither Omnific Design, nor its officers, owners, employees, agents, distributors, contractors, sub-contracts, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Site. Omnific Design reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND OMNIFIC DESIGN DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL OMNIFIC DESIGN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

LIMITATION OF LIABILITY

You agree that we shall not be liable for any damages you may suffer as a result of using the Site, browsing any content, or using the services.

Omnific Design does not represent that any Content posted or obtained from or through this website is free from computer viruses or other electronic faults or defects. You have sole responsibility for adequate security protection and backup of data used in connection with your usage of the Site and Services. You will not make a claim against Omnific Design for lost data, inaccurate instruction, work delays or lost profits resulting from your use of the Site and Services.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

Without limiting the foregoing, our aggregate liability to you will not exclude the total amount paid by the User to Omnific Design.

TERMINATION OF USE

Omnific Design may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to any bulletin boards on its Site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the Site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.

NOTICE

By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. You acknowledge that all contracts, notices, information, and other communication we may provide electronically comply with legal requirements that such documents are in writing.

Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that for letters, the letter was properly address, stamped and placed in the post; and for emails, the email was sent to the specified email address.

SEVERABILITY

If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.

PRIVACY

The Internet is an amazing tool. It has the power to change the way we live, and we’re starting to see that potential today. With only a few mouse-clicks, you can follow the news, look up facts, buy goods and services, and communicate with others from around the world. It’s important to Omnific Design to help visitors to this website retain their privacy when they take advantage of all the Internet has to offer.

We believe your business is no one else’s. Your privacy is important to you… and to us. So we’ll protect the information you share with us. To protect your privacy, Omnific Design follows principles in accordance with worldwide practices for customer privacy and data protection.

HOW TO CONTACT US ABOUT PRIVACY

Your privacy is very important to us. If you have any questions regarding our information practices and other privacy aspects of the Site. You can contact us on:

Omnific Design
6/4 Techno Park Drive
Williamstown VIC 3016

Phone. 03 9034 5264

COLLECTION AND PURPOSE

We collect your personal information disclosed to us during the course of your use of our Site including, but not limited to:

(a) Website Analytics;

(b) Downloading resources;

(c) Entering online competitions;

(d) Ordering email newsletters;

(e) Joining a limited-access members site; and

(f) Publicly available information.

In addition, we also collect cookies from your computer, which enables us to tell when you use the Site and also to help customise your website experience.

The purpose for which we collect personal information is to provide you with the best service experience possible on the Site. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Site, such as:

(a) To make the site easier for you to use by not having to enter information more than once;

(b) To help you quickly find services or information;

(c) To help us create content most relevant to you; and

(d) To alert you to upgrades, special offers, updated information and other new products and services from Omnific Design.

DISCLOSURE

We customarily disclose personal information only to our service providers, including but not limited to:

(a) Facebook for linked registrations;

(b) our advertisers and partners;

(c) MailChimp.com for our email newsletter system;

(d) our network of website designers and developers.

Some personal information may also be publicly accessible through your use of the Site and services. We will only disclose personal information to an unrelated third party with your consent.

Apart from such circumstances, we may disclose personal information in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities.

We may also disclose personal information as required by law.

In the event that we sell or buy businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control and other similar transactions, customer information is generally one of the transferable business assets. Thus, your personal information may be subject to such a transfer. In the unlikely event of insolvency, personal information may be transferred to a trustee or debtor in possession and then to a subsequent purchaser.

If you voluntarily provide information in publicly accessible areas of the Site, the information can be viewed and therefore used by others. We advise Users not to disclose contact information that they do not wish to have publicly available. We are not responsible for personal information you choose to submit publicly.

ACCESS AND CORRECTION

Information Privacy Principle 6 of the Privacy Act 1988 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.

COMPLAINT

Information Privacy Principle 1 of the Privacy Act 188 (Cth) allows you to make a complaint about any alleged breaches of privacy. In order to lodge a complaint with us, please contact using the details above with the following information:

  1. Your name and address;
  2. Details of the alleged breach of privacy; and
  3. URL link to the alleged breach of privacy (if applicable).

Please allow us 14 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

RETENTION OF INFORMATION

We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.

SECURITY

You must do what you reasonably can to ensure the security of your personal information. It is your obligation that you protect yourself against unauthorised access to your password and to your computer. Please log out of the Site when you have finished using a shared computer. Be wary of including sensitive information in your emails to us as they are not necessarily secure against interception. We will not ask for passwords in an email and you should assume that if you get such a request, it must be fraudulent.

We have processes in place to ensure the security of your personal information. We have physical, electronic, and managerial procedures to help safeguard and prevent unauthorised access, maintain data security, and correctly use your information.

However, neither people nor security systems are infallible, including encryption systems. While we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security.

TRANSFER OUT OF AUSTRALIA

The website is not hosted in Australia. For that reason, we transfer all data on the Site (including all personal information) to our hosting service providers and data centres located overseas, including but not limited to the United States of America. You hereby consent to such transfers.

ENTIRE AGREEMENT

These Terms and the documents expressly referred to in them, constitute the entire Agreement between you and Omnific Design, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to this Site.

We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

GOVERNING LAW; JURISDICTION AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia exclusive of its choice of law principles. The state courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.

UPDATES TO THESE TERMS

We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and services. We may restrict access to parts or the entire Site and services at any time, including but not limited to, content, certain features and services, hours of availability, and equipment needed for access or use, without notice or liability.

We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise. Amendments to these Terms will take effect immediately upon being posted on the Site and your continued use of the Site and Services will be deemed as your acceptance thereof.

Last updated on: 30 April 2015