Digital Products Terms & Conditions
The following document sets forth the Digital Products Terms & Conditions for Virtual Aspect.
www.virtualaspect.com.au
1. INTRODUCTION
These terms and conditions set out the terms and conditions between you, the customer, and Virtual Aspect ("us", "we"), governing the use of our website and our downloadable digital products including using the content therein (the "products"). Your use of our website, and purchase, download and use of our products or subscriptions, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of these products.
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2. LICENCE AND USE
Your purchase of one of our products or subscriptions constitutes our granting to you of a non-exclusive, non-sub licensable, non-transferable licence to download and access that product for the purpose of your own personal use and reference, and print or save the product for your own storage, retention and reference (the "purpose"). You shall agree that under no circumstance shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any products, whether modified or not, to any third party. You agree not to use any of our products in a way that might be detrimental to us or damage our reputation.
3. INTELLECTUAL PROPERTY
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstance, whether the product has been modified or not, you shall have or attempt to claim ownership of any intellectual property rights or copyright in the product.
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4. REFUNDS AND CHARGEBACKS
Once a product has been purchased by you, no right of cancellation or refund exists due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and many not be charged back. We reserve the right to alter any pf our prices from time to time.
5. WARRANTIES AND LIABILITY
We make every effort to ensure that our products are accurate, authoritative and fit fur the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or stature, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business, or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
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6. GENERAL
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with Australian law and both us and you irrevocably submit to the exclusive jurisdiction of the Queensland courts over any claim, dispute or matter arising under or in connection with these terms and condition or our relationship with you.
7. CHANGES TO THESE DOWNLOADABLE DIGITAL TERMS AND CONDITIONS
This Downloadable Digital Products Terms and Conditions is effective as of December 17, 2022 and will remain in effect except with respect to any changes in it provisions in the future, which will be in effect immediately after being posted on this page.
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We reserve the right to update or change our Privacy Policy at any time and you should check the Privacy Policy periodically. Your continued us of this Service after we post any modifications to the Downloadable Digital Products Terms and Conditions on this page will constitute your knowledge of the modifications and your consent to abide and be bound by the modified Downloadable Digital Products Terms and Conditions.
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If we make any material changes to this Downloadable Digital Products Terms and Conditions, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
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CONTACTING US
Please do not hesitate to contact us regarding any matter relating to this Downloadable Digital Products Terms and Conditions of Sale Policy via email.
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