Terms and Conditions

1. Legal Compliance

You agree to use our website and services in compliance with all applicable laws, regulations, and industry standards. This includes but is not limited to:

• 1.1 Australian Consumer Law and fair trading regulations
• 1.2 Privacy laws including the Privacy Act 1988 and applicable international data protection regulations
• 1.3 Intellectual property laws protecting copyrights, trademarks, and proprietary information
• 1.4 Anti-spam legislation and marketing communication regulations
• 1.5 Any other applicable local, state, or federal laws

2. Prohibited Conduct

You explicitly agree not to engage in any of the following prohibited activities:

• 2.1 Using our services to transmit harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• 2.2 Attempting to reverse engineer, decompile, or disassemble any aspect of our website or proprietary systems
• 2.3 Using automated systems, bots, or scrapers to access or collect data from our website
• 2.4 Circumventing security measures or authentication protocols
• 2.5 Interfering with other users' ability to access or use our services
• 2.6 Copying, distributing, or disclosing any part of our services in any medium without authorization

3. Content Guidelines

When submitting content to us or interacting with our services, you agree that:

• 3.1 All information you provide is accurate, complete, and truthful to the best of your knowledge
• 3.2 You own or have obtained all necessary rights to any content you submit
• 3.3 Your content does not infringe on any third-party intellectual property rights
• 3.4 Your content does not contain viruses, malware, or other harmful code

4. Indemnification

You agree to indemnify, defend, and hold harmless Ember Radius, its directors, officers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from your use of our services, your violation of these Terms and Conditions, or your violation of any third-party rights.

5. Age Requirements

Our services are intended for use by individuals who are at least 18 years of age or the age of majority in their jurisdiction, whichever is greater. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding contracts.

1. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Ember Radius provides its website and services on an "as is" and "as available" basis without warranties of any kind, either express or implied. We specifically disclaim:

• 1.1 Warranties of merchantability and fitness for a particular purpose
• 1.2 Warranties regarding the accuracy, reliability, or completeness of content
• 1.3 Warranties that our services will be uninterrupted, timely, secure, or error-free
• 1.4 Warranties regarding the results you may obtain from using our services

2. Limitation of Liability

To the maximum extent permitted by law, Ember Radius shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• 2.1 Loss of profits, revenue, data, or business opportunities
• 2.2 Cost of substitute goods or services
• 2.3 Business interruption or loss of goodwill
• 2.4 Any other intangible losses

Our total liability to you for all claims arising from or related to our services shall not exceed the amount you paid to us in the 12 months preceding the claim, or AUD $1,000, whichever is greater.

3. Exclusion of Consequential Damages

Under no circumstances shall Ember Radius be liable for any damages that result from your use of or inability to use our website or services, even if we have been advised of the possibility of such damages. This exclusion applies regardless of whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory.

4. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

5. Australian Consumer Law

Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement. If the Australian Consumer Law or any other applicable law implies a condition or warranty into these Terms and Conditions, our liability for breach of such condition or warranty is limited, at our option, to resupplying the services or paying the cost of resupplying the services.

1. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms and Conditions, their subject matter, or their formation.

2. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions:

• 2.1 The parties agree to first attempt to resolve the dispute through good faith negotiations
• 2.2 If negotiations fail within 30 days, the parties may agree to mediation before pursuing litigation
• 2.3 Either party may initiate formal legal proceedings if mediation is unsuccessful or declined

3. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from these Terms and Conditions, and the remaining provisions shall continue in full force and effect.

4. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Terms of Service, constitute the entire agreement between you and Ember Radius regarding your use of our website and services. They supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.

5. Waiver

No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

6. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms and Conditions at any time without restriction.

7. Modification of Terms

We reserve the right to modify these Terms and Conditions at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, by posting a notice on our website or sending you an email. Your continued use of our services after such modifications constitutes your acceptance of the updated Terms and Conditions.

8. Survival

All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.