Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

  1. Who we are and how to contact us.

    1. https://pedestal3d.com is a site operated by Pedestal 3D Pty Ltd ABN 68 624 452 124 (referred to as we, our or us). We provide a software as a service platform in relation to your 3D media assets.
    2. If you have questions about our site or these terms, please contact us at contact@pedestal3d.com.

  2. By using our site you accept these terms

    By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

  3. We may make changes to these terms

    1. We may from time to time review and update these terms including to take account of new laws, regulations, products, technology or other changes in our business. Your use of our site will be governed by the most recent terms posted on the site.
    2. By continuing to use our site, you agree to be bound by the most recent terms posted on the site. It is your responsibility to check our site regularly for updated versions of these terms.

  4. We may make changes to our site

    We may update and change our site from time to time to reflect changes to our products or services, our users’ needs and our business priorities or other reasons.

  5. User-generated content is not approved by us

    1. Our site may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
    2. If you wish to report materials uploaded by other users, please contact us at contact@pedestal3d.com.

  6. How you may use material on our site

    1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
    3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
    5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
    6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  7. Do not rely on information on our site

    1. The content on our site is for general information and promotional purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
    2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
    3. Any reliance or use of any information provided by or contained on our site or services made available through our site is solely at your own risk.

  8. Acceptable Use Policy

    You agree that in accessing and using our site, you will not engage or attempt to engage in any activities that:

    • download (other than page caching) or modify our site or any portion of our site;
    • impersonate or falsely claim to represent a person or organisation;
    • are commercial, including selling, marketing, advertising or promoting goods or services;
    • frame our site without our express written permission;
    • post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use our site in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
    • post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.

  9. Links and advertisements

    1. Our site may contain links to other websites (including websites linked through advertisements). We may not have reviewed all these third party websites and are not responsible for their content. We do not endorse, support or sponsor these third party websites, their operators, the goods, services or content that they describe. We have no control over these site or resources.
    2. Facebook, Twitter, Instagram, YouTube and other third party websites which may be linked on our site are not covered by these terms and may have their own terms and conditions and privacy policy.
    3. We are not responsible for and will not be liable in respect of any incorrect link to an external website.
    4. If you choose to access any third party website through our site, you do so at your own risk.

  10. We may suspend or withdraw our site

    1. Our site is made available free of charge.
    2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    3. We do not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
    4. Whilst we take reasonable precautions to protect information transmitted via our site, we cannot and do not guarantee the security or confidentiality of these communications or the security of our site.

  11. Privacy

    1. Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to us is subject to and will be handled in accordance with our Privacy Policy. The Privacy Policy forms part of these terms and can be found at https://pedestal3d.com. You agree that, by using our site or communicating with us, you have read the Privacy Policy, understood its contents and consented to its requirements.
    2. You must not upload any personal information of another individual to our site unless you first make them aware of our Privacy Policy and have their consent to upload such personal information.

  12. Cookies

    1. Our website may use cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
    2. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our site.

  13. Indemnity You indemnify us in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any breach of these terms by you or any of your content you upload on our site.

  14. Our responsibility for loss or damage suffered by you

    1. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
    2. Subject to clause 14.1, any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
    3. To the fullest extent permitted by law, our liability for a breach of a non-excludable guarantee referred to in clause 14.1 is limited, at our election (where such election is permitted under the ACL), to:
      • in the case of goods supplied or offered by us, any one or more of the following:
        • the replacement of the goods or the supply of equivalent goods;
        • the repair of the goods;
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • the payment of the cost of having the goods repaired; or
      • in the case of services supplied or offered by us:
        • the supplying of the services again; or
        • the payment of the cost of having the services supplied again.
    4. We are not liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with our site, all links to or from our site or the goods and services advertised or referred to on our site.
    5. Subject to this clause 14, our maximum aggregate liability for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.

  15. We may terminate your access to our site We may at any time immediately terminate or restrict your access to our site or any feature of our site for any reason (including due to your breach or alleged breach of these terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

  16. What laws apply to these terms These terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance and subject matter.

  17. Our site is only intended for users in Australia

    1. We make no representation or warranty that any competition, offering or content accessible through our site is appropriate or available for use in locations outside Australia. If you choose to access our site from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access our site from any location where doing so would be illegal.
    2. You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before uploading any content. To the extent applicable you will be liable to pay local taxes or duties in relation to your content, and you will assume all liability under any customs or import laws and regulations.

  18. Severability Each provision of these terms is severable from the others and no severance of a provision will affect any other provision.

Last updated: July 2018