These Terms and Service (“Terms”) constitute a legally binding agreement made between you (whether personally or on behalf of a company) (“You”) and Rayon Digital (“we,” “us”, “our” or “Company”, “Rayon”) concerning your access and usage of our website, services, servers, APIs and software applications on any device (“Services”). You agree that by accessing and using our Services that you have read, understood and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are prohibited from using our Services and you must discontinue use immediately.
These Terms and your use of our Services are governed by Australian Law.
Supplemental terms and conditions or documents that may be posted on our website or Services from time to time are hereby incorporated herein by reference. We reserve the right to make changes to these Terms at any time and for any reason. Rayon Digital may modify these Terms at any time by publishing a revised version. We reserve the right to update or modify these Terms at any time without prior notice. We encourage you to review the Terms whenever you use or access the Site.
By continuing to use our website or Services after the effective date of any modifications to the Terms, you agree to be bound by the modified Terms.
Rayon may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
By accepting these terms and conditions, you certify that you are 16 years old or older.
Unless otherwise noted, the design of our website, applications and Services, including information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features that are part of our Services (collectively, “Content”) are copyrights, trademarks, or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title, or interest in any Content is granted or transferred to you due to your use of any of our Services.
Certain features of our Services that allow you to share Content on social media platforms grant you a limited license to display the Content as directed, and you understand that you have no other right, title, or interest in or to the Content.
Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, sell, or participate in any sale of any of the Content or Components of or our Services. Your misuse of the Content may subject you to liability under federal, state, or international laws.
You agree that any Contributed Data will be stored by us. We do not assert any ownership of any Contributed Data. Any submission or Contributed Data provided by You to us shall be stored electronically by us. We may access, process, reformat, copy, use, compress, export and display your Contributed Data. We may access your Contributed Data in order to respond to support requests.
You retain full ownership of all of your Contributions and intellectual property rights (or other rights associated). We are not liable for any statements, representations, security, copyright, responsibility for Contributions you provide. You are solely responsibly to ensure your contributions are legal and rightfully your own. You agree to exonerate us from all responsibility, and you will refrain from any legal actions against us regarding your Contributions and how they are shared with others. You hereby waive all moral rights to any Contributed Data and Contributions, and hereby warrant that such Contributions are your own, original and you have the right to submit such Contributed Data. You agree that there will be no recourse against us for any alleged or actual access, distribution, infringement or misappropriation of any right in your Contributed Data. You will not submit (Contributed Data) any sensitive or personal information. We have no liability under these Terms if you do submit any such data. If you do contribute sensitive or personal information to our Services you hereby waive all rights to its safe keeping, copyright, liability, security, protection, loss, damage or claims. If you share any of your Contributed Data through our Services you hereby waive all rights to its safe keeping, liability, security and protection.
We reserve the right to remove any Contributed Data at any time without warning if it violates our Terms.
We reserve the right to notify you and or terminate your account if your use negatively impacts the availability of our Services to others.
We do our best to ensure that information on our Services is complete, accurate, and current. However, information may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, and prices of products are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content, or materials provided through our Services.
Our products and Service will attempt to maintain high availability and uptime. We reserve the right to discontinue any product at any time.
By using our Services, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us.
Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with Rayon Digital. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption
We only accept your order once payment has been approved and we have debited the payment card (and then the contract is made based on these terms).
We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We also may require verification of information prior to the acceptance and/or shipment of any order.
Our Services may include links to other websites maintained by third parties. These links are provided to you solely as a convenience. Other users of our Services may submit and share third party links. You may also submit third party links (Contributed Data). Your access to these third party websites is at your own risk, and we will have no liability arising out of or related to such websites or your access to or use of such websites.
You agree to exonerate us from all responsibility, and you will refrain from any legal actions against us regarding any third party products or services that are integrated with our systems and accessing your Contributed Data or for the acts or omissions of any third party provider or vendor.
You understand and agree not to (i) post, transmit, redistribute, upload, or legally prohibited data. You will not promote any communications or content that could harm or negatively impact our business, products, or Services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying our Services, or which impacts the security of our Services, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search our Services, or to copy content from the Services
You are responsible for the personal protection and security of any password or username you may use to access our Services. You are responsible for all activity conducted on our Services that can be linked or traced back to your username, password or identity. You are obligated to immediately report a lost or stolen password or username to our Customer Service. If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information, including names/usernames of accounts, and other information to comply with applicable laws and lawful government requests.
YOUR USE OF OUR SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT, AND SERVICES PROVIDED ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCH ANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates, and subsidiaries harmless from and against any and all claims, damages, costs, and expense, including attorney fees, arising from or related to your use of our Services or breach of these Terms.
Considering the high cost of legal dispute, not only in dollars but also in time and energy, both you and Rayon Digital agree to the following dispute resolution procedure: In the event of any controversy, claim, action, or dispute, the party asserting the dispute shall first try to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 90 business days from the date of mailing to respond to the dispute.
Unless you indicate otherwise in your notice, Rayon Digital shall respond to your notice using your account information on file or a return/reply address.
If parties are unable to resolve the dispute, it should be processed in accordance to the Jurisdiction section of the Terms.
We reserve the right suspend, terminate or delete your account (and data) without notification if you breach any of our terms or abuse our services. We reserve the right to suspend, terminate or delete your account (and data) without reason should your usage negatively impact other users of our services.
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service at [email protected]
Note: Rayon Flow is a product owned by Rayon Digital (Trading as Rayon Digital Pty Ltd. ABN 87664068580 | ACN 664068580)