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Terms of Use

Last updated: January 2024

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you and MerquoraTechAI Pty Ltd (ABN 42 619 857 331) ("Company", "we", "us", or "our"), concerning your access to and use of the merquoratechai.net website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

By accessing the Site, you agree that you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms, you are expressly prohibited from using the Site and must discontinue use immediately.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

User Representations

By using the Site, you represent and warrant that:

  • All information you submit will be true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You have the legal capacity and you agree to comply with these Terms of Use.
  • You are not under the age of 18.
  • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
  • You will not use the Site for any illegal or unauthorised purpose.
  • Your use of the Site will not violate any applicable law or regulation.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site.
  • Engage in unauthorised framing of or linking to the Site.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
  • Engage in any automated use of the system, such as using scripts to send comments or messages.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Attempt to impersonate another user or person or use the username of another user.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site's software, including but not limited to HTML, JavaScript, or other code.
  • Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site.

User Generated Contributions

The Site may invite you to submit feedback, suggestions, or other content. By submitting such content, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that your submissions do not violate any applicable law, are not copied from a third party, do not contain any defamatory material, and that you have all necessary rights to make the submission.

Services

The services described on this Site are subject to separate agreements. Nothing on this Site constitutes an offer to provide services. Service pricing displayed is indicative and subject to change based on specific requirements. All service engagements are governed by individual service agreements that will be provided prior to commencement of work.

Site Management

We reserve the right, but not the obligation, to:

  • Monitor the Site for violations of these Terms of Use.
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use.
  • Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof.
  • Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
  • Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We are not obligated to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

Governing Law

These Terms shall be governed by and defined following the laws of New South Wales, Australia. MerquoraTechAI Pty Ltd and yourself irrevocably consent that the courts of New South Wales, Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Dispute Resolution

Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Sydney, New South Wales, Australia, and the parties hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of your use of the Site, your breach of these Terms of Use, or your violation of the rights of a third party.

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced to the fullest extent under law.

Changes to Terms

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use. It is your responsibility to periodically review these Terms of Use to stay informed of updates.

Contact Us

If you have any questions about these Terms of Use, please contact us at:

MerquoraTechAI Pty Ltd
Level 18, 201 Elizabeth Street
Sydney NSW 2000, Australia
Email: [email protected]

MerquoraTechAI

Empowering Australian businesses with intelligent automation and predictive insights.

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