Terms and Conditions

Definitions and legal references

This Website (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Owner (or We)

Imagerr Online – The natural person(s) or legal entity that provides this Website and/or the Service to Users.

Service

The service provided by this Website as described in these Terms and on this Website.

Terms

Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.

User (or You)

The natural person or legal entity that uses this Website.

This document is an agreement between You and Imagerr Online.

You acknowledge and agree that by accessing or using this website, any services, other websites, social media pages and any other online platform owned and/or operated by or on behalf of Imagerr Online, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.

These Terms govern

the conditions of allowing the use of this website, and,
any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in appropriate sections of this document.

The User must read this document carefully.

If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.

Nothing in these Terms creates any special relationship such as joint venture, employment, agency, or partnership between the involved parties.

This Website is provided by:

Imagerr Online
25-29 Devonshire St
Chatswood
Australia

Owner contact email: info@imagerr.com

Summary of what the User should know

Age restriction on usage of this Website and the Service : To access and use this Website and any of its Service the User must be an adult under applicable law.
Please note that some provisions in these Terms may only be applicable to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each applicable section. In the absence of any such mention, sections apply to all Users.

Terms of use

Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Business/Commercial Users or Consumers.
Users must be recognized as adult by applicable law.

Content on this Website

Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.

The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.

In such cases, the User is requested to report complaints using the contact details specified in this document.

The Owner reserves and holds all intellectual property rights for any such content.

Users may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.

In particular, but without limitation, Users may not broadcast, copy, save, download, print, share (beyond the limits set forth below), transform, modify, translate, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.

Refund Policy

Our products are made to order. We offer a reprint or refund for your order if you received a damaged, incorrect or defective item and reported it within 14 calendar days of when you received your order.

We do not accept refund or reprint on reasons such as:

You have changed your mind and no longer desire the item.
You intend to request a modification to the size, color, or customization of the item received
You have selected incorrect size, address, product, or custom information, among other things.

Product Availability

The availability of the Products described herein on this Website, and the descriptions of such Products, may vary based on location and timing.

Other Shipping Charges

Customers are solely responsible for the payment of any applicable customs, import, export, and excise duty, VAT and/or other taxes and fees. We only ship Product orders to shipping addresses that are either a physical address or USPS Post Office Box.

Intellectual Property and Trademark Rights

This Website and all of its contents including but not limited to articles and other text, photographs, images, illustrations, graphics, video material, audio material (including musical compositions and sound recordings), software, logos, trademarks, tradenames, titles, characters, names, graphics and button icons, excluding User Content (collectively, “Proprietary Material”), are protected by copyright, trademark and other laws of the United States, as well as international convention and the laws of other countries. The Proprietary Material is owned or controlled by us or by other parties that have provided rights thereto to us.

Without limitation, modification of the materials appearing on this Website or use of such materials for any purpose is a violation of our copyright and other proprietary rights.

Except as otherwise provided in these Terms and Conditions or with our express prior written permission, you may not, and agree that you will not, use, publish, reproduce, display, publicly perform, create derivative works from, reverse engineer or decompile, disassemble, distribute, license, transfer, sell, copy, post, enter into a database, upload, transmit or modify the Proprietary Material or any portion thereof, for any purpose or by any means, methods, or process now known or later developed.

DMCA

Welcome to https://imagerr.com (the “Site”). We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit the notice to us that sets forth the following information:

Notice of Infringement – Claim

A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).

Send all takedown notices through our Contact page. Please send by email for prompt attention.

Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.

Counter Notification – Restoration of Material

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):

Your physical or electronic signature.
A description of the material that has been taken down and the original location of the material before it was taken down
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
Send your counter notice through our Contact page. Email is highly recommended.

Repeat Infringer Policy

We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.

Modifications

We reserve the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.

User Content

From time to time, you and other users of this Website may have an opportunity to post to this Website (including, without limitation, questions posted to Wellness Assistant) certain ideas, concepts, information, data, text, photographs, graphics, videos, music, sound, sound clips, messages, questions, comments, advertising and other promotional materials or events, facts, advice, tips, opinions and other material (collectively, “User Content”). If you choose to submit any User Content on this Website or any feature contained on the Website, it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. We are not responsible for any user’s misuse or misappropriation of any User Content that you post on this Website.

By submitting, sending, posting, uploading, modifying or otherwise providing information, questions, material, or any other communication to us, the Website or any feature contained on the Website, including User Content, whether solicited or unsolicited, you grant us and our affiliates the royalty-free, fully paid, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable, sub-licensable right and license to use, copy, reduce, modify, adapt, publish, translate, create derivative works from, improve, distribute, commercialize, perform or display such User Content (in whole or in part), and to incorporate it in other works in/of any form, media, or technology now known or later developed for any purpose, including, without limitation, advertising and promotional purposes, reproduction, transmission, publication, broadcast and posting without any further consent by you or notice, credit and/or compensation to you or any third parties. We and our affiliates also have the right but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with any broadcast, print, online or other use or publication of your User Content.

By submitting any User Content to us, the Website or any feature contained on the Website, you further represent and warrant that you own or otherwise control any and all rights in and to the User Content and that our public posting and use of that User Content will not infringe or violate the rights of any third party in any manner, including without limitation any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights.

External Links Policy

https://imagerr.com links to other, external websites that provide information we determine at our discretion contain the most useful information for our program. While many sites provide very useful information, https://imagerr.com only links to those sites which provide the most useful content.

These links may be changed at any time as more useful sites come to our attention. The sole purpose of any external link is to enrich this site for our customers. All requests for inclusion of a link on this site is first and primarily evaluated with the needs of our customers in mind. Generally, external websites do not meet the purposes of https://imagerr.com if they contain, suggest, or infer any of the following:

Advocacy of or opposition to any politically, environmentally, or socially controversial subjects, issues, or candidates.
Disparaging or promoting any person or class of persons.
External content not suitable for readers or viewers of all ages, or links to or other promotion of businesses whose products or services are not suitable for persons of all ages.
Promoting or inciting illegal, violent, or socially undesirable conduct.
Promotion or availability of alcohol or tobacco products.
Promotion or availability of illegal drugs.
Promotion or availability of adult or sexually oriented entertainment or materials.
Promotion, opposition, or availability of weapons.
Promotion, opposition, or availability of gambling.
Claims of efficacy, suitability, desirability, or other non-objective statements about businesses, products, or services.
Content that infringes on any trademark, copyright, or patent rights of another.
Claims or representations in violation of advertising or consumer protection laws.
Content that a reasonable citizen may not consider to maintain the dignity and decorum appropriate for government.

This list is a nonexclusive list. The external link policy applies only to websites outside https://imagerr.com The webmaster shall establish procedures to monitor the implementation and continuing oversight of this policy. These procedures shall include a process for review of all new requests for external content links from https://imagerr.com Web page to another page to ensure compliance with this policy prior to granting the request.

Each request for such a link shall be evaluated using the following guidelines:

Is the content relevant?

Does the site provide information or services, which are not already available or linked to on https://imagerr.com? If not, is the quality of the site comparable to or better than what is already provided?

Is the site well designed, easy to use, cross-browser compliant, and accessible to people with disabilities?

https://imagerr.com reserves the right, at its sole discretion

General Disclaimer

The information contained in https://imagerr.com is for general information purposes only. The information is provided by https://imagerr.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to https://imagerr.com or the information, products, services, or related graphics contained on https://imagerr.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we 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 https://imagerr.com .

Through https://imagerr.com you are able to link to other websites which are not under the control of https://imagerr.com . We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep https://imagerr.com up and running smoothly. However, https://imagerr.com takes no responsibility for, and will not be liable for, https://imagerr.com being temporarily unavailable due to technical issues beyond our control.

Fraud

If we believe or suspect that your account information is not true, accurate, current or complete, we may deny or terminate your access to this Website (or any portion thereof). The use of a false name, address, telephone number and/or credit card number to purchase any Products on this Website shall constitute fraud and shall constitute your stipulation and admission that 1) your use of a false name, address, telephone number and/or credit card was and is a fraudulent representation made at the time of purchase; 2) was made with the knowledge of said falsity; 3) was made with the intention to defraud us; 4) that our reliance on your fraudulent representations was and is actual, justifiable and reasonable, and; 5) that we were and are damaged by your fraud. You further stipulate and admit that such conduct was and is carried out with fraud, malice and oppression and, therefore, an award of punitive damages is both necessary and proper for such conduct. All instances of fraud shall be prosecuted to the fullest extent of the law.

Liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at User’s own risk and Users shall be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with User’s web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s willful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual property rights

Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors.

Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.

The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.

Failure to accept the revised Terms may entitle either party to terminate the Agreement.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Severability

Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

Surviving provisions

This Agreement shall continue in effect until it is terminated by either this Website or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

the User’s grant of licenses under these Terms shall survive indefinitely
the User’s indemnification obligations shall survive for a period of five years from the date of termination
the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Last Updated: April 21, 2024