These terms and conditions (Terms) apply when you use this website, starkyapp.com (Website).

These Terms govern use of the Website only. If you subscribe to the Starky platform, separate SaaS Terms apply

You agree to be bound by these Terms which form a binding contractual agreement between you and us, Starky Digital Pty Ltd (ABN 29 687 389 073) (Starky, our, we or us).

If you don’t agree to these Terms, you must refrain from using the Website.

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

The Website provides:

1. information about Starky and its services;
2. marketing content and product descriptions;
3. access to account registration and subscription sign-up;
4. blog content, insights and resources.

The Website does not provide professional advice.

You may only use the Website if:

1. you are at least 18 years old;
2. you have legal capacity to enter binding contracts;
3. your use complies with applicable laws.

If you use the Website on behalf of an entity, you represent that you are authorised to bind that entity. You must also ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

Permitted Use

You may access and use the Website solely for legitimate purposes, including:

1. browsing information about Starky and its services;
2. evaluating the Solution;
3. creating an account or subscribing to the Solution; and
4. contacting us.

You must use the Website in compliance with all applicable Laws.

Prohibited Conduct

You must not, and must not attempt to:

1. copy, mirror, reproduce, translate, adapt, vary, modify, distribute, sell, license, reverse engineer, decipher or decompile any part of the Website without our prior written consent;
2. use the Website for any unlawful, misleading or fraudulent purpose, or to facilitate illegal or fraudulent activity;
3. interfere with, disrupt or create an undue burden on the Website, its servers or networks;
4. use automated scripts, scraping tools, bots, crawlers, data mining tools or similar software to access, monitor, copy or extract Website content;
5. attempt to gain unauthorised access to any part of the Website, accounts, systems or data;
6. scan, probe or test the Website for vulnerabilities without authorisation;
7. upload or transmit viruses, malicious code or harmful material;
8. engage in denial-of-service attacks or other attacks intended to impair Website availability;
9. misuse or attempt to bypass any security, authentication or usage restrictions;
10. use the Website in a manner that infringes any intellectual property rights or other rights of any person;
11. use the Website in a way that damages, disparages or adversely affects Starky’s reputation;
12. use another person’s login credentials or allow unauthorised access to accounts.

Account Responsibility

If you create an account through the Website, you must:

1. provide accurate and up-to-date information;
2. maintain the confidentiality of your login credentials;
3. notify us immediately of any unauthorised access.

You are responsible for activity conducted under your account.

While we will use our best endeavours to ensure the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

1. the Website may have errors or defects;
2. the Website may not be accessible at times;
3. messages sent through the Website may not be delivered promptly, or delivered at all;
4. information you receive or supply through the Website may not be secure or confidential; or
5. any information provided through the Website may not be accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

7. Links to Other Websites

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

You agree to be bound by our Privacy Policy, which can be found starkyapp.com/privacy-policy.

We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we each exclude each other from any liability that may arise due to your use of our Website and/or the information or materials contained on it.

We may suspend or restrict access to the Website at any time if:

1. you breach these Terms;
2. required by law;
3. necessary for security reasons.

We may discontinue the Website at any time without liability.

13.1. Governing Law and Jurisdiction

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

13.2. Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

13.3. Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

13.4. Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

13.5. Entire Agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

13.6. Interpretation

1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word “includes” and similar words in any form is not a word of limitation;
10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
11. (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.