TERMS AND CONDITIONS

Last updated July 06, 2023

Please read these Terms and Conditions (“Terms”) carefully before using the website operated by DK & SAS Pty Ltd (doing business as Skye Kleening) (“Skye Kleening,” “we,” “us,” or “our”). These Terms govern your access to and use of the website at https://skyekleen.com.au/ (the “Website”).

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Website.

1. Website Use

1.1. You must be at least 18 years old to use the Website. By accessing or using the Website, you represent and warrant that you are 18 years of age or older.

1.2. You agree to use the Website only for lawful purposes and in compliance with all applicable laws and regulations.

1.3. You acknowledge that Skye Kleening may modify, suspend, or terminate the operation of the Website, or any part thereof, at any time without prior notice.

2. Intellectual Property

2.1. The Website and its original content, features, and functionality are owned by Skye Kleening and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2. You may not modify, reproduce, distribute, create derivative works or adaptations, publicly display or perform, republish, download, store, or transmit any content from the Website without the prior written permission of Skye Kleening or the respective copyright owner, except as expressly permitted in these Terms.

2.3. Skye Kleening grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes, subject to these Terms.

3. User Contributions

3.1. The Website may allow you to submit or post content, including but not limited to comments, reviews, and feedback (collectively, “User Contributions”).

3.2. By submitting User Contributions, you grant Skye Kleening a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Contributions in any media.

3.3. You represent and warrant that you own or control all rights to the User Contributions and have the necessary licenses, rights, consents, and permissions to grant the rights to Skye Kleening as set forth in these Terms.

3.4. Skye Kleening reserves the right to remove or edit any User Contributions that violate these Terms or are otherwise objectionable, in its sole discretion.

4. Privacy

4.1. Skye Kleening’s collection, storage, and use of your personal information are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Website, you consent to the collection, storage, and use of your personal information as outlined in the Privacy Policy.

5. Disclaimer

5.1. The Website is provided on an “as is” and “as available” basis, without any warranties or representations, express or implied. Skye Kleening disclaims all warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.2. Skye Kleening does not warrant that the Website will be error-free or uninterrupted, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.

6. Limitation of Liability

6.1. In no event shall Skye Kleening, its directors, officers, employees, or agents

be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website or these Terms, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if Skye Kleening has been advised of the possibility of such damages.

6.2. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

7. Indemnification

7.1. You agree to indemnify, defend, and hold harmless Skye Kleening, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your use of the Website, your violation of these Terms, or your violation of any rights of a third party.

8. Third-Party Links

8.1. The Website may contain links to third-party websites or resources that are not owned or controlled by Skye Kleening. Skye Kleening has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or resources.

8.2. You acknowledge and agree that Skye Kleening is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or resources.

9. Governing Law and Jurisdiction

9.1. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Skye Kleening is located, without regard to its conflict of law principles.

9.2. Any legal action or proceeding arising out of or in connection with these Terms or the Website shall be brought exclusively in the courts of the jurisdiction in which Skye Kleening is located.

10. Severability

10.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable. If it cannot be so modified, the provision shall be deemed deleted, and the remaining provisions shall remain in full force and effect.

11. Entire Agreement

11.1. These Terms constitute the entire agreement between you and Skye Kleening regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

12. Contact Us

12.1. If you have any questions or concerns about these Terms, please contact us at [email protected].

13. Changes to the Terms

13.1. Skye Kleening reserves the right to modify or replace these Terms at any time, in its sole discretion. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13.2. By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Website.