No Code Website BuilderPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. This website, https://www.cinecast.com.au, is owned and published by CineCast, an Australian business based in Melbourne, Victoria (ABN: 49724994282).
For the purposes of these terms and conditions, “we”, “us” and “our” refer to CineCast and “you” and “your” refer to you, the website visitor or user of CineCast software.
These Terms and Conditions together with our Privacy Policy and End User License Agreement (EULA) govern CineCast’s relationship with you in relation to your use of this website and the CineCast software. Should you not agree with any of these Terms and conditions, please do not use our website.
AMENDMENT OF TERMS AND CONDITIONS
We reserve the right to change, modify, add or remove portions of these terms and conditions at any time. Please regularly check these terms and conditions prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes.
DISCLAIMER – LIMITATION OF LIABILITY
Whilst we endeavour to have the most accurate, reliable and up-to-date information on our website, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services contained on the website including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Any reliance you place on such information is therefore strictly at your own risk. This includes your use or reliance on any third-party content, links, comments or advertisements on the website. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will CineCast be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Further, CineCast takes no responsibility for, and will not be liable for, the website being temporarily unavailable.
The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), if CineCast breaches any warranty implied by law, CineCast’s liability for this breach, at CineCast’s choice, is limited to either the resupply of the goods or services or the refund of any payment you have made for having the goods or services supplied to you.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
The CineCast software is free to download from this website . Once installed, it defaults to “Trial” mode with some functionality limitations as described on the download page. To unlock full functionality, it is necessary for you to purchase a CineCast single user license key and to enter it into the application software as instructed.
As the merchant and seller of record, FastSpring purchases license keys from CineCast and resells them to you, the end customers. This arrangement also means that terms and conditions associated with a payment transaction processed by FastSpring are FastSpring's terms and conditions.
When you provide personal information to process a payment, you are dealing directly with FastSpring. CineCast has no access to any of your personal financial information, such as credit card numbers.
If you need help from FastSpring, please contact them via https://questionacharge.com. For example, FastSpring can help with the following:
● questions about previous successful or declined orders
● questions about sales tax or VAT
● other transaction-related questions
REFUNDS POLICY
CineCast processes refunds in accordance with the Australian Consumer Protection legislation. Should you wish to request a refund, please notify us within 5 days of purchase with a valid reason for the refund. All refunds are made at CineCast’s discretion.
Under the Australian Consumer Law, you are not entitled to a refund if there is no breach of a consumer guarantee – for example, the following are NOT valid reasons for a refund:
● You changed your mind,
● You ordered an unsuitable product,
● You decided that you did not like the product or had no use for it,
● You misused the product in a way that caused the problem.
As you are permitted and encouraged to freely download, install and evaluate the CineCast software in your own computer hardware and software environment without time restrictions, you have every opportunity to assess whether the CineCast software meets your needs. Therefore, changing your mind or deciding that the product is unsuitable for your needs after you have purchased the CineCast license key do not constitute grounds for a refund.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. CineCast will not be liable for any consequential loss or damage or other direct or indirect loss or damage and we also specifically exclude liability for negligence.
YOUR PRIVACY
At CineCast, we are committed to protecting your privacy as a customer and as an online visitor to our website. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles as well as the General Data Protection Regulations (EU and UK). Please read our separate Privacy Policy carefully.
FEEDBACK
CineCast welcomes your feedback including suggestions or ideas for improvement of our software. Note that if you submit suggestions or ideas, you grant us an unrestricted, irrevocable licence to use these for any purpose without compensation to you. All feedback provided to CineCast will be deemed to be non-confidential.
LINKS TO OTHER WEBSITES
Our Privacy Policy applies only to this website. Where we provide links to third-party websites, these are covered by their own privacy policies on their websites. We encourage you to read privacy policies of websites you visit. Note that any links we provide to third-party websites do not constitute sponsorship, endorsement or approval of these websites.
THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use information, in a general sense, without any reference to personal data, to create marketing statistics, identify user demands, assist in meeting customer needs generally and improve our website and services but not for any other use.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
CineCast expressly reserves all copyright and trademark in our software, documents, and information on our website.
Any redistribution or reproduction or commercial exploitation of part or all of the contents of this website in any form is prohibited. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions together with our Privacy Policy and End User License Agreement (EULA) represent the whole agreement between you and CineCast concerning your use and access to this website and your use and access to the CineCast software and documents . No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and be part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
These Terms and Conditions are subject to the laws of Victoria and Australia. If there is a dispute between you and CineCast that results in litigation then you must submit to the jurisdiction of the courts of Victoria, Australia.
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