These Terms and Conditions govern your access and use of our website (https://brekkie.stream) and related services (collectively, our “Website”).
The Website is owned and operated by ABN 74 784 672 964 trading as Sparklapse (brekkie.stream) ("we/us/our").
By accessing or using the Website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and Conditions, that you are over the age of 18 years and have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms and Conditions.
You may only use the Website and the content on the Website for personal purposes unless we provide express written consent to your proposed use.
You agree that you will not use the Website to:
It is your responsibility to ensure that your conduct on the Website is compliant with all applicable laws, including the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth) and the Privacy Act 1988 (Cth).
If you breach, or are suspected of breaching, any of these Terms and Conditions or any law (including but not limited to any law referenced in these Terms and Conditions) we reserve the right to terminate your account, prohibit you from using the Website for any period of time, block your access to the Website and any content stored on it, and/or report your conduct to the police or any other relevant authority.
You are entitled to sign up for an account with the Website provided you comply with the eligibility criteria:
Accounts on the Website are free or are on a monthly subscription basis.
You are able choose to subscribe to a free or a paid account when you create an account on the Website.
You acknowledge that free accounts have restricted access to some features on our Website.
If you choose to subscribe to a paid account, we will charge you a monthly fee on a subscription basis. Your subscription will automatically renew each month unless you cancel your subscription or we are not able to receive our monthly fee from you.
We use a third party payment gateway for the purposes of collecting payments from you. Your financial information will be stored securely and used in accordance with the terms and conditions and the privacy policy of our payment gateway, Stripe. More information can be found at https://stripe.com/au/legal/consumer.
You can change or cancel your subscription by logging in to your account on our Website and clicking "Account" then "Billing". Any changes will come into effect in the next billing cycle. If you cancel your subscription, you will not receive a refund for any amounts you have already paid.
If we are unable to collect our monthly fee from you, we will end your paid subscription on the last date for which you have paid, and your account will revert to a free account. When your account is changed from paid to free, you will lose access to and use of any content uploaded or created through the Website, and we may not be able to recover this content, even if you transition to a paid account in the future.
We reserve the right to change our prices at any time. If you hold a paid account, changes to pricing will not apply until your next renewal or thirty (30) days after we give you notice of our revised fees, whichever is later.
We provide a service as a passive conduit to users creating their own content. We grant to users (including you) a non-exclusive, non-transferable, royalty-free, revocable licence to use the Website for the purposes of creating content.
We are in no way involved in any content loaded onto our Website or created via our Website, nor do we endorse or recommend any content created by any user on or through our Website.
If you create an account with us, you are responsible for maintaining the confidentiality and security of your account, including your email address and password and you further acknowledge and agree that you will not disclose these details to any person not duly authorised by you.
We will handle your personal information in accordance with our Privacy Policy.
We strongly recommend that you never give out your bank details or other financial information through the Website or anywhere else on the internet.
You will retain the intellectual property rights for any content you create on or through the Website, including any content uploaded to the Website. You grant to us a royalty-free license to display, host, copy, store and use any content you upload or create to the extent necessary to allow the functionality of the Website. If you share your content with others on our website, you will also grant to us a royalty-free licence to display, host, copy, store and use your content to the extent necessary to allow others to access and view your content.
When you upload images, video, data and other such material to the Website, you are representing and warranting to us that you are the owner of the intellectual property rights or are otherwise duly authorised to share the intellectual property. You agree that you will not breach any third party intellectual property rights by using the Website.
You may publish, print or otherwise share the content you create through the Website with others via the Website or a third party service or link. You acknowledge that we take no responsibility for the sharing of your content and we are not obliged to ensure that your content is in shareable format. Designs shared at your request may be replicated by third parties without your knowledge and we take no responsibility for this.
Unless otherwise stated, all intellectual property rights to the Website and any services contained therein remain our sole property. You are not permitted to download, republish, copy, use for resale, or use our intellectual property for any purpose other than the specific purpose for which it has been provided, except for as provided under these Terms and Conditions.
From time to time, we may promote, or advertise events, offers, items, services or other activities that may be conducted offline or which may be conducted by third parties. These events, items, services or other activities may be subject to separate terms and conditions. You acknowledge that you participate in any of these activities entirely at your own risk and in accordance with those separate terms and conditions.
The Website may feature or display hyperlinks and pointers to other websites or services operated by third parties. Such websites or services do not form part of the Website and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you click on a link to any third party websites or services you leave our Website entirely at your own risk.
Our Website uses cookies. Cookies are small files stored on your computer or device that help improve your browsing experience (for example, they may remember the types of listings you have previously viewed). These cookies are primarily for use and functionality of our Website, but may be used for secondary purposes such as analysing Website traffic, personalising content, and serving targeted advertisements.
You have the option to disable cookies in your browser settings; however, please note our Website will not function properly if cookies are disabled.
While we aim to update the Website regularly, we do not make any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Website. We reserve the right to restrict access to parts of the Website or the entire Website, change or withdraw any items, information or content features on this Website without notice.
To the maximum extent permitted by law, we exclude all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any use of the information on or accessed through the Website including if for any reason the Website is unavailable at any time or for any period.
To the maximum extent permitted by law, we will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic) however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information, by a distributed denial-of-service attack or by any malicious or harmful programs, scripts or technologies that may affect the Website, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material; you agree to release us from any such liability.
To the maximum extent permitted by law, any issues, claims or disputes about listings are not an issue, claim or dispute with us.
You agree to release and indemnify and hold us and (as applicable) our affiliates, agents and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or access of the Website, or a party acting on your behalf or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
We reserve the right to make changes to the Website and these Terms and Conditions at any time and without notice to you. It is your responsibility to regularly check the Website in case there are any changes made. Continued use of the Website following any change to these Terms and Conditions will be deemed acceptance of these changes.
Any failure by us at any time to enforce these Terms and Conditions or our rights will not be a waiver of such rights or affect the validity of these Terms and Conditions.
If any provision of these Terms and Conditions becomes void or unenforceable, it will be severed from these Terms and Conditions without affecting the enforceability of the other provisions which will continue to have full force and effect.
These Terms and Conditions are governed by the laws of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.