Terms and Conditions of Products and Services

Caniluna Pty Ltd (ACN 141 601 925 / ABN 89 163 146 542) is an independent company headquartered in Tasmania, Australia. In our customers interests, we have no proprietary affiliations to specific hardware or software vendors. Caniluna Pty Ltd performs all services in a professional manner in accordance with contemporary standards of the Information Technology industry.

1. Warranty and escrow

Unless specified by prior written agreement software and services supplied by Caniluna Pty Ltd are not covered by warranty.
Third-party product trademarks and registered trademarks remain the property of their respective owners.
Caniluna Pty Ltd may upon request make available to the customers escrow agent source code for those portions of the custom program(s) it has created.

2. Disclaimer of warranties

Caniluna Pty Ltd and its suppliers hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the software, and the provision of or failure to provide support or other services, information, software, documentation and related content through the software or otherwise arising out of the use of the software. 
Except when otherwise stated in writing the copyright holders and/or other parties provide the software and services “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
The entire risk as to the quality, or arising out of the use or performance of the software and any support services, remains with you.  Should the program(s) or system(s) prove defective, you assume the cost of all necessary servicing, repair or correction.

3. Exclusion of incidental, consequential and other damages

To the maximum extent permitted by applicable law, in no event shall Caniluna Pty Ltd or its suppliers be liable for any general, special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, business or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software,  or a failure of the program to operate with any other programs even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Caniluna Pty Ltd or any supplier, even if Caniluna Pty Ltd or any supplier has been advised of the possibility of such damages.

4. Limitation of liability and remedies

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, Caniluna Pty Ltd and its suppliers aggregate liability arising out of or related to this agreement shall not exceed the amount actually paid by you for the software and services.
The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

5. Communications

Invoices, statements and other notices are sent to clients by email. If communications by other media are required it is the customers responsibility to request this. Caniluna reserves the right to charge a service fee for alternative communication methods. It is the customers responsibility to register new or changed contact details with Caniluna. Statements, invoices and account changes can be requested at any time by email to admin@caniluna.com

6.Website Management Services : Terms & Conditions of offer

  1. Offer available only to businesses and incorporated associations with an ABN, ACN or Association Number.

  2. Website content will be not more than 9 pages and/or 2GB of content.

  3. Bundle includes weekly content change requests of 1 hour effort each.  Significant or fundamental restructuring of the site may incur extra costs.

  4. DNS management of email service excludes the cost of the email service itself.

  5. Additional and/or existing domain names may be transferred to your service for a minimal additional fee.

  6. Google Adwords and FaceBook advertisements undertaken by the customer are not included.

  7. Sitemaps in XML format will be created and maintained for use by search engines.

  8. Caniluna reserves sole access to website content management and hosting service.

  9. Website content, artwork, credentials, copyright clearances and text are the responsibility of the client.

  10. Unless otherwise instructed the website and related services will be taken-down/unpublished upon either non-payment or termination of the agreement by either Caniluna Pty Ltd or the customer.

Caniluna Website Terms and Conditions and Privacy Policy

1. Terms

By accessing this website, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained on this website are protected by applicable copyright and trademark law. Third-party product trademarks and registered trademarks remain the property of their respective owners.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Caniluna's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

  • Modify or copy the materials.

  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).

  • Attempt to decompile or reverse engineer any software contained on our company's website.

  • Remove any copyright or other proprietary notations from the materials.

  • Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Caniluna at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Caniluna's website are provided "as is". Caniluna makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Caniluna does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Caniluna or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on my company's Internet site, even if Caniluna or an Caniluna authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Caniluna's website could include technical, typographical, or photographic errors. Caniluna does not warrant that any of the materials on its website are accurate, complete, or current. Caniluna may make changes to the materials contained on its website at any time without notice. Caniluna does not, however, make any commitment to update the materials.

6. Domain and Cookies

Our website incorporates cookies. Caniluna's website does not record, request or store user specific information. Cookies are used by our platform service providers for monitoring site usage and popular content. By using Caniluna's website you consent to the use of cookies in accordance with Caniluna’s privacy policy.

7. Links

'caniluna.com' is the parent website of caniluna.com.au.

Caniluna has not reviewed all of the sites linked to its internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Caniluna of the site. Use of any such linked website is at the user's own risk.

8. Site Terms of Use Modifications

Caniluna may revise these terms of use for its website at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to my company's website shall be governed by the laws of the state of Tasmania without regard to its conflict of law provisions.

Privacy Policy

Your privacy is very important to us so we have developed this Policy in order for you to understand how we collect, use, communicate disclose, and make use of personal information. The following outlines our Privacy Policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

  • We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes unless we obtain the consent of the individual concerned or as required by law.

  • We will only retain personal information as long as necessary for the fulfilment of those purposes.

  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use, or modification.

  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

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