Last update: Jan 19, 2025.
This Terms and Conditions of Use document (hereinafter, the "Agreement") establishes a legally binding contract between Australhash LLC, a limited liability company organized under the laws of the State of New Mexico, United States of America ("Australhash"), and the customer, either individually or on behalf of an entity ("Customer"), regarding access to and use of Australhash's website: https://www.australhash.com/ (the "Website") and any other related media, channels, mobile websites, or mobile applications linked or related. By using the Website, the Customer agrees to these terms. If the Customer does not agree with all the terms, conditions, and obligations set forth here, they are prohibited from using the Website and must cease use immediately.
Unless otherwise stated, the Website is the property of Australhash, and all source codes, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by Australhash, protected by U.S. copyright and trademark laws, and other applicable intellectual property laws. The Content and the Marks are provided "as is" for your information and personal use. Except as expressly provided in this document, no part of the Website or the Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the prior written consent of Australhash.
Notwithstanding Australhash's ownership of Submissions, as described in Paragraph 6 ("Customer Feedback"), all original designs and source files created on behalf of the Customer ("Projects") belong to the Customer, and the Customer will be the sole owner of the copyright in all Projects. If any legal provision makes Australhash the owner of a Project, in whole or in part, Australhash hereby irrevocably and perpetually transfers its entire interest in the Project to the Customer, without limitation.
The Customer warrants that any material provided to Australhash as an example or for incorporation into a project during the design process is owned by the Customer and does not infringe or misappropriate the rights of third parties, including but not limited to, all intellectual property rights and any rights of publicity. Australhash reserves the right to publicly share the Customer's design work (social media, website, etc.) unless otherwise agreed as set forth in Section 18 of this document.
If any Project incorporates fonts not owned by Australhash and requires a commercial license for the Customer to reproduce, distribute, or publicly display the Project ("Third-Party Fonts"), Australhash will notify the Customer in writing that one or more Third-Party Fonts have been incorporated into the Project and that the Customer must obtain one or more licenses for the Third-Party Fonts from the rights holders to legally reproduce, distribute, or publicly display the Project. Such notification will include sufficient information for the Customer to identify which licenses are needed and whom to contact to obtain such licenses. Provided that Australhash has notified the Customer of the incorporation of Third-Party Fonts as described above, the Customer assumes all responsibility for any consequences resulting from the Customer's failure to obtain one or more licenses for any Third-Party Fonts incorporated into a Project.
By using the Website, the Customer represents and warrants that:
The Customer must not access or use the Website for any purpose other than as intended by Australhash. The Website may not be used in connection with any commercial endeavor other than those related to the work performed by Australhash on behalf of the Customer. Additionally, the Customer agrees to refrain from the following:
The Customer acknowledges and agrees that any questions, comments, suggestions, or other feedback or submissions (each, a "Submission") will be the exclusive property of Australhash and Australhash will have no obligation to maintain the confidentiality of a Submission or take any measures to protect its confidentiality. Australhash will be the sole and exclusive owner of all rights related to the Submission, except to the extent that rights are granted to the Customer under Paragraph 2 ("Ownership of Materials"), and may use and disclose a Submission at its sole discretion without permission, acknowledgment, or compensation to the Customer. The Customer agrees that they have the right to articulate and submit the Submission and hereby waives any claims and remedies against Australhash for its use of the Submission in accordance with the terms set forth here and at its sole discretion in the future.
Australhash reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Australhash also reserves the right to restrict or deny access to the Website or disable the Customer’s use of the Website. This decision will be at Australhash's sole discretion, without notice or liability to the Customer. All decisions relating to the management of the Website will be at Australhash's sole discretion and are intended to protect Australhash’s rights and property.
By using the Website, the Customer agrees to comply with the Privacy Policy and the terms detailed therein, which are hereby adopted and incorporated by reference. The Website is hosted in the United States of America. Accessing the Website from the European Union, Asia, or other regions of the world may result in the applicability of laws, statutes, or regulations that differ from those in the United States governing the collection, use, or disclosure of personal data. Continued use of the Website and transfer of data to the United States constitutes the Customer’s express consent to the transfer and processing of data in the United States. Australhash does not knowingly collect or solicit information from individuals under the age of 18. In accordance with the Children’s Online Privacy Protection Act, upon actual knowledge that a person under 13 has provided personally identifiable information to Australhash without parental consent, Australhash will delete such information as soon as reasonably possible.
Australhash reserves the right to deny refunds at its discretion and without prior notice or liability to the Customer. Refund requests will be evaluated on a case-by-case basis. If a refund is granted within the first month of using the Website, all materials produced by Australhash will be Australhash’s property, and the Customer will be prohibited from using them.
Australhash reserves the right to change, modify, alter, or remove any content on the Website for any reason and at any time. Australhash may also discontinue all or part of the Website without notice. Australhash will not be liable to the Customer or any third party for any modification, suspension, or discontinuation of the Website.
Australhash does not guarantee continuous availability of the Website. Problems with hardware, software, or other elements may result in interruptions, delays, or errors beyond Australhash’s control. Australhash will not be liable for any loss, damage, or inconvenience caused by the inability to access or use the Website during such interruptions.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of law principles.
Any dispute arising out of these Terms and Conditions will be resolved in the courts of New Mexico, United States of America. The parties consent to the personal jurisdiction of such courts.
The Website is provided "as is" and "as available." Australhash disclaims all warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Australhash does not warrant the accuracy or completeness of the Website’s content.
Australhash will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data loss, or legal costs, arising from the use of the Website. The Customer agrees to indemnify Australhash for any claims, losses, or damages arising from the use of the Website.
The Customer is responsible for all data transmitted through the Website and any related activities. Australhash will not be liable for the loss or corruption of such data.
The Customer consents to receive electronic communications from Australhash and agrees that all agreements, notices, and other communications sent electronically satisfy any legal requirements for written communication. The Customer also agrees to the use of electronic signatures.
Australhash reserves the right to share design work on digital channels, including social media and its website, unless otherwise agreed upon through a signed non-disclosure agreement (NDA) between the parties.
These Terms and Conditions constitute the entire agreement between the Customer and Australhash. Australhash’s failure to enforce any right or provision of these Terms and Conditions will not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is found to be illegal, void, or unenforceable, such provision will be severed from the rest, which will remain in full force and effect.
For any questions or complaints related to the Website, please contact Australhash at: hello@australhash.com.
These personalized Terms and Conditions reflect the rights and obligations of both Australhash LLC and the Customer, ensuring clarity and protection for both parties.