Terms Of Use
Welcome to Startup Flame (www.StartupFlame.com), a business website run by Aberame Pty Ltd (Australia).
By using the Internet site located at https://www.startupflame.com (the “Site” or “Service”) or any services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Aberame Pty Ltd (“Company”) at any time and at our discretion without notice by updating this posting.
These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions.
Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
COMPANY reserves the right to make any changes, additions, corrections and edits to these terms and conditions in separate parts or in whole at any time and you agree to be bound by such changes.
Such changes are legitimate and effective from the moment of their publication.
Intellectual Property
You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary
rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited.
Limitations on Use
You must be at least eighteen (18) years old to access this web site. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery. If you are not at least eighteen years old, you are not permitted to access this website for any reason. If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
Use of Software
Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, non-commercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
User Content
You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Inappropriate Content
You shall not make the following types of Content available. You further agree that you shall not submit or transmit any content through this web site or to COMPANY that:
- Is libellous, defamatory, obscene, vulgar, or pornographic, abusive, or threatening;
- Encourages the commission of a crime or violation of a law;
- advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or the jurisdiction in which you reside;
- advertises or otherwise solicits funds or is a solicitation for goods or services.
- Infringes the intellectual rights of a third party;
- Is otherwise offensive or inappropriate based upon the type of content and information provided by the COMPANY and/or third parties on this web site
COMPANY reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in COMPANY’s sole discretion, without liability or warning to you.
COMPANY reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold COMPANY harmless from any consequences or actions taken by the COMPANY in cooperation with such law enforcement investigation or court order.
Order and Return Policies
We generally ship all physical orders within three business days. For any digital products, you will receive an email with login details to our membership site or download page. We do not have any money-back guarantee program until unless mentioned on the product or service. If any, for these products, if you are not completely satisfied, you can return the product to us in good condition within 30 days of the date that you placed your order. To receive a refund within the 30 days for any physical products, you must return everything that was shipped to you, including any bonuses, and we must receive it at our offices before the 30 day period has passed.
Purchasing, Copyrights and Licenses
By purchasing, downloading or accessing any digital products, files, training programs, membersonly content or other services or materials intended for sale or distribution from this website (the “Licensed Material”), the Licensed Material and all associated ownership rights are not being sold; it is being provided to you (the licensee) under a license from COMPANY (the licensor), in accordance with the terms below, unless otherwise stated:
You have a non-exclusive, non-transferable, non-sublicensable, perpetual right to use the accompanying Licensed Material for permitted personal or commercial purposes in accordance with these terms and conditions, and the following:
- For ongoing subscriptions or memberships, including StartupFlameAcademy: All such licenses are valid only while you maintain an active, paid subscription and your account remains in good standing. COMPANY reserves the right to terminate your subscription or embership and revoke all associated licenses without a refund at any time without notice and for any reason.
- For non-subscription products and services: All such licenses are granted when full payment has been received by COMPANY for any products or services paid upfront, or where a payment plan has been completed & paid in full. For products and services for which a Payment Plan is agreed and in progress, all such licenses are granted once the initial payment has been received by COMPANY and are valid only while you maintain your agreed payments and your account remains in good standing.
COMPANY retains all rights, copyright and ownership of the Licensed Material.
You are granted a single license for each purchase, which permits only one (1) person (user) to access and use the Licensed Materials; unless otherwise noted under the Specific Product Licenses section below.
You may not rent, sublicense, sell or assign Licensed Material or any derivative works. Your rights to use the Licensed Material are worldwide. Unauthorized use will result in immediate termination of this license.
Copyright infringement
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service.
Alleged Violations
Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high-quality experience for you and other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-bycase basis to investigate complaints or allegations of abuse, infringement of third party rights, or
other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with the use of the Site or the Service by others.
Prohibited Uses
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or
authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d)
using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a humanperceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Affiliated Sites
Company has no control over, and no liability for any third-party websites or materials. The company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or
quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility
for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
Privacy Policy
Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking the “privacy” link at the bottom of the page. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND LICENSED MATERIALS INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Miscellaneous
If you are entering into this Agreement on behalf of your employer, client or other entity, you warrant and guarantee that you have the full right and authority to do so. If you do not have such authority, your activity will be considered a breach of these terms and conditions.
Indemnification
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this website or from your violation of the terms and conditions stated herein.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this web site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this web site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in
writing and signed by an authorized representative of the waiving party.
Amendments
Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
(a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward-looking.
Copyright
All contents of the Site are: © 2018 – 2020 Aberame Pty Ltd, Australia. All rights reserved.
Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without reference to their rules regarding conflicts of law. You hereby consent to binding arbitration in the State of New South Wales, Australia to resolve any disputes arising under these Terms and Conditions.
Contact Us
If you need to contact us, you can email us at info@startupflame.com, or send us a letter at:
StartupFlame, Aberame Pty Ltd, Level 26, 1 Bligh St, Sydney, NSW 2000 Australia.
Updated on 10th July 2020
