Terms of use - DESIGNerd

These terms of use (Terms) govern your use of the software application and its contents known as "DESIGNerd" (the Application) operated by The Sum Of Pty Ltd (ABN 43 110 227 971) trading as DESIGNerd (DESIGNerd).
Please read these Terms carefully. By creating an account, accessing, browsing or otherwise using the Application, you agree to be bound by these Terms. If you do not agree with these Terms, you must cease usage of the Application immediately.
DESIGNerd can review and change any of the Terms at its sole discretion. When DESIGNerd updates the Terms, it will use reasonable endeavours to provide notice of updates to the Terms either via the Application or on the DESIGNerd website at www.designerd.global. Any changes to the Terms take immediate effect from the date of their publication unless otherwise specified.
These terms are available only to individuals. Please contact us at hello@designerd.global if you require an institutional licence.

You must use the Application and each of its features appropriately and in accordance with any instructions that appear in the Application. DESIGNerd can exclude, suspend or limit you from any access or use of the Application at any time in its absolute discretion.
A breach of these Terms may lead to you being suspended or banned from the Application, or any section of it, or to legal action, at the discretion of DESIGNerd. DESIGNerd may inform relevant authorities and service providers if it considers your conduct to be illegal in any respect.
If you pay a fee to use the Application, you will be required to select a payment plan and instrument for payment. Additional payment terms may apply at the point of sale, and you may be asked to agree to additional terms by separate agreement. Any fees paid by you in connection with the Application are non-refundable.

You warrant that all information you provide DESIGNerd through the Application will be accurate and not misleading.
While DESIGNerd uses its reasonable endeavours to ensure the accuracy and currency of information displayed on or obtainable from the Application including the responses to quizzes on the Application, DESIGNerd does not warrant the accuracy or currency of such information and expressly disclaims any liability in respect of the accuracy or currency of such information to the extent permitted by law.

Unless otherwise indicated, all rights (including copyright, trademarks or brand names) in the content and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) (the Materials) are owned by or licensed to DESIGNerd.
DESIGNerd provides you with a limited licence to use the Materials while using the Application or for your personal research or study.
You may not, without the prior written permission of DESIGNerd: reproduce, republish, transmit, reverse engineer, decompile distribute, adapt or change in any way the Materials for any purpose, unless otherwise provided by these Terms.

DESIGNerd takes your privacy seriously. DESIGNerd will deal with personal information including any other personal information provided in relation to, or entered or posted on, the Application in accordance with its Privacy Policy available at www.designerd.global/privacy-policy/ and as required by law, including the Australian Privacy Principles (APP) under the Privacy Act 1988 (Cth). The Privacy Policy contains information about how an individual may access the personal information held by DESIGNerd about the individual, may seek correction of such information and may complain about a breach of the APP or a registered APP code (if any), as well as how DESIGNerd will deal with such a complaint.

To the maximum extent permitted by law:
- use of the Application and its content is at your own risk;
- the Application is provided to you on an "as is" and "as available" basis without warranty or condition of any kind;
- DESIGNerd does not warrant and excludes all liability for loss, damage, cost or expense of any kind (howsoever caused, including by negligence) arising from or relating to:
  - your use of the Application or any inability to access or use the Application, technical failures, delays in operation or transmission or malfunctions in equipment or software, injury or damage to your computer, equipment or other property related to or resulting from access to or use of the Application;
  - any errors or inaccuracies on the Application or any information communicated by DESIGNerd by means of the Application or any loss or corruption of data;
  - costs incurred as a result of you using the Application, the content or any of the products of DESIGNerd; and
  - the content or operation of hyperlinks which are provided for your convenience.
DESIGNerd is not responsible for the conduct, whether online or offline, of any other user of the Application.
To the maximum extent permitted by law, DESIGNerd's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the cost of resupplying the Application to you.

You will, at all times, indemnify and keep indemnified DESIGNerd, or its designees and its respective officers, employees, agents, contributors, third party content providers and licensors from and against any:
- loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arises out of, in connection with or in respect of any breach of these Terms by you or from the entering or posting of content by you; and
- any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so.

DESIGNerd may at any time and in its absolute discretion, terminate or restrict your use of the Application if:
- you have breached any provision of the Terms or intend to breach any provision;
- DESIGNerd is required to do so by law;
- your conduct impacts DESIGNerd's name or reputation or violates the rights of another party;
- DESIGNerd is transitioning to no longer providing the Application in the country in which you are resident or from which you use the Application; or
- the provision of the Application to you by DESIGNerd, is in the opinion of DESIGNerd, no longer commercially viable.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and DESIGNerd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of this clause will continue to apply to such rights, obligations and liabilities indefinitely.

This contract between you and DESIGNerd is governed by and must be construed in accordance with the laws of Queensland. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland and all courts which have jurisdiction to hear appeals from those courts and waives any right to object to proceedings being brought in those courts for any reason.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.
Clauses 1, 3, 4, 6 and 7 survive termination of the Terms for any reason.