Terms of Use

 

Effective Date: 01 January 2025

 

Welcome to CAPE-AU Pty Ltd ("we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of our website, cape-au.com, and any related services and products provided by us (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree, please discontinue use of the Services.

 

 

1. Acceptance of Terms

By accessing or using the Services, you:

  • Confirm that you are at least 18 years old or have the legal capacity to enter into these Terms.

  • Agree to comply with these Terms and all applicable laws and regulations.

     

 

2. Changes to Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting on our website. Continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

 

 

3. User Obligations

By accessing or using the Services, you agree to:

  • Provide Accurate Information - Ensure all information you submit (including registration data) is accurate, current, and complete.

  • Comply with Laws - Abide by all applicable laws, regulations, and industry standards.

  • Respect Intellectual Property - Honour the intellectual property rights and copyrights of CAPE-AU Pty Ltd and any third parties.

  • Avoid Harmful Content - Refrain from uploading or transmitting viruses, malware, or any content that could damage or interfere with the Services or users’ devices.

You must not do, or attempt to do, anything that:

  • Is Unlawful or Prohibited - Involves violating any applicable law or regulation, or our policies.

  • Breaches Privacy or Other Legal Rights - Includes uploading or sharing private information about another individual without their explicit consent, or infringing upon other legal rights (e.g., confidentiality or publicity rights).

  • Harasses or Defames - Constitutes defamation, harassment, threats, or any offensive conduct toward any individual or group.

  • Interferes with Others’ Use - Disrupts, restricts, or otherwise interferes with any other person’s enjoyment of the Services.

  • Damages or Tampers with the Site - Involves tampering with, modifying, or corrupting our Site or Services, including knowingly transmitting any disabling features, trojan horses, or viruses.

  • Sends Unsolicited Messages - Uses our Services or Site to distribute unwanted or unauthorised messages, including spam.

  • Assists Others in Misconduct - Aids, encourages, or facilitates a third party in engaging in any of the activities prohibited above.

 

4. Intellectual Property

  • Ownership of Content
    All content available on our Services—including text, graphics, logos, images, videos, and software (collectively, the “Content”)—is owned or licensed by CAPE-AU Pty Ltd (or its licensors) and is protected by copyright, trademark, and other intellectual property laws. Unless otherwise indicated, we own (or licence) all rights, title, and interest in the Site and the Content.

  • No Transfer of Rights
    Your use of our Site and any access to the Content does not grant or transfer to you any ownership, rights, or interest in or to the Site or the Content.

  • Prohibited Uses
    You must not:

    • Copy or Use Content Unlawfully: Copy, reproduce, or use any portion of the Content without our prior written consent.
    • Redistribute or Disseminate: Reproduce, retransmit, distribute, sell, publish, broadcast, or circulate the Content to any third party.
    • Infringe Intellectual Property Rights: Modify, adapt, frame, embed, or create derivative works from the Content, or otherwise breach any intellectual property rights in connection with our Site or the Content.

  • Trademark Notice
    All trademarks, service marks, and logos displayed on the Site are the registered or unregistered marks of CAPE-AU Pty Ltd, its affiliates, or third parties. Nothing in your use of the Site or the Content grants you any license or right to use any trademark, service mark, or logo without the express prior written consent of the owner.

  

 

5. User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content ("User Content") on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that: 

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

 

 

6. Digital Products

  • License: Upon purchasing any digital product (e.g., e-books, PDFs, software) from Us, you receive a non-exclusive, non-transferable license to access and use the product solely for your personal, non-commercial use.
  • Prohibited Uses: You must not copy, share, modify, distribute, or resell any digital product.
  • Delivery: Digital products are typically delivered by email or made available in your account. If you experience technical issues accessing a product, please contact us promptly at [email protected].
  • Refunds: Refunds for digital products are generally not provided once access has been granted, except as required under the Australian Consumer Law or otherwise stated.

 

 

7. Memberships and Subscriptions

  • Account Registration: To become a member, you must create an account, provide accurate information, and keep it updated. You are responsible for safeguarding your login credentials.
  • Fees and Billing: Membership fees are charged on a monthly/quarterly/annual basis, depending on your selection at time of sign up, and may renew automatically unless cancelled. Details of current fees are provided at the time of purchase.
  • Cancellation: You may cancel your membership at any time by following the instructions in your account settings or contacting us at [email protected]. Cancellations will take effect at the end of the current billing cycle, unless otherwise stated.
  • Refunds: Refunds for unused portions of a membership term are at our discretion, except where required by law.
  • Termination: We may suspend or terminate your membership if you breach these Terms or fail to pay membership fees when due. We will provide notice where reasonable.
  • Changes to Membership: We reserve the right to modify membership features, including fees, upon reasonable notice to you. If you do not agree to the changes, you may cancel your membership according to the terms above.

 

 

8. Third-Party Links

Our Services may include links to third-party websites. We are not responsible for the content, privacy practices, or accuracy of third-party sites. Access them at your own risk.

 

 

9. Disclaimers

The Services are provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted or error-free access to the Services.

 

 

10. Limitation of Liability

To the fullest extent permitted by law, CAPE-AU Pty Ltd shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Services, even if advised of the possibility of such damages.

 

 

11. Indemnification

You agree to indemnify and hold CAPE-AU Pty Ltd harmless from any claims, losses, liabilities, damages, costs, or expenses (including legal fees) arising out of your use of the Services, violation of these Terms, or infringement of any rights of a third party.

 

 

12. Termination

We reserve the right to suspend or terminate your access to the Services at our discretion, without notice, for any reason, including breach of these Terms.

 

 

13. Disputes

If a dispute arises out of or in connection with these Terms ("Dispute"), the party raising the Dispute must provide written notice to the other party, outlining the nature of the Dispute and proposing a resolution.

Within 7 days of receiving the notice, both parties must meet to discuss the Dispute in good faith. Any communications during these discussions, other than the fact they occurred, are confidential.

If the Dispute is not resolved—or the parties have not agreed on an alternative method of resolution—within 21 days of the initial notice, either party may pursue litigation.

 

 

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Western Australia. Any disputes arising from or relating to these Terms shall be resolved exclusively in the courts of Western Australia.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

 

 

15. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

CAPE-AU Pty Ltd
Email: [email protected]