Terms of Service

1. General

1.1 Uplinkd Group Pty Ltd (ABN 50 660 968 123) ('Theme Tanker', 'we', 'us' or 'our') operates and maintains the themetanker.com website, referred to as the Service.

1.2 These terms apply to your access to and use of the Service. By accessing or using the Service, you agree to these terms. If you do not agree, do not use the Service.

1.3 We may change these terms at any time by publishing the changed terms on this website. The effective date at the top shows the version in force, and every earlier version stays published beneath it. Changes do not operate retrospectively.

1.4 These terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. We do not warrant that the Service or its content complies with the laws of any other jurisdiction. If you access the Service from outside Australia, you do so at your own risk.

2. Services

2.1 The Service is the themetanker.com website, as described on this website.

2.2 We may change, suspend or withdraw any part of the Service at any time.

3. Accounts, usernames and passwords

This site does not offer user accounts.

4. Membership

Theme Tanker does not offer a membership through the site.

5. Payments and our fees

Theme Tanker does not sell products or take payments through this site. Services are quoted and agreed in writing, not sold through the site.

6. Prohibited use

In using the Service, you must not:

(a) contravene any applicable law or regulation;

(b) interfere with or disrupt the Service in any way, including through the use of viruses, trojans or harmful code;

(c) mislead or deceive others, whether by act or omission, including by making false or inaccurate representations about your identity;

(d) stalk, harass, abuse, threaten, intimidate, defame or vilify any person;

(e) share, distribute, store or transmit offensive, obscene, racist, pornographic or illegal material;

(f) otherwise violate or infringe the legal rights of any person; or

(g) encourage, assist or procure another person to do any of the foregoing.

7. Copyright

7.1 Unless otherwise indicated, copyright in this website, the Service and their contents belongs to us or our licensors.

7.2 You may publish a link to this website.

7.3 Unless permitted by law, you must not, without our prior written consent:

(a) reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; or

(b) cause any part of this website or its contents to be framed or included in another website.

8. Trademarks

8.1 Brand marks such as 'Theme Tanker' are trademarks of Uplinkd Group Pty Ltd. Other trademarks on this website are the property of their respective owners.

8.2 You must not use any trademark on this website without the prior written consent of its owner.

9. Policies

9.1 We may create or amend acceptable use policies from time to time which apply to the use of the Service. We publish them on this website.

9.2 You must comply with any such policy as though it were part of these terms.

10. Links

This website may link to websites at other addresses. Unless stated otherwise:

(a) we do not control, approve, endorse or sponsor any such website or its content; and

(b) we do not provide any warranty or take any responsibility for any aspect of those websites or their content.

11. Disclaimer

11.1 Your access to and use of the Service is at your own risk. The internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit.

11.2 Subject to any statutory guarantee we must give, we do not promise that the Service:

(a) is free from errors;

(b) will operate without interruption; or

(c) is free from anything which may damage your computer or data.

You should keep up-to-date antivirus and firewall protection in place when using the internet.

11.3 We do not promise that the contents of this website are complete, accurate, reliable or up to date. We may correct errors and make changes to this website or its contents at any time.

11.4 We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of the Service, including for scheduled maintenance or fraud prevention.

12. Limitation of liability

12.1 The Australian Consumer Law sets out consumer rights and remedies that cannot be excluded, restricted or modified. These terms are subject to the Australian Consumer Law and do not exclude, restrict or modify those rights where it would be unlawful to do so.

12.2 Subject to clause 12.1 and to the fullest extent permitted by law:

(a) the Service is provided on an 'as is' basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;

(b) where any law implies a condition, warranty or guarantee into these terms which cannot be excluded, our liability for breach of it is limited, at our election, to the resupply of the Service or the payment of the cost of resupply; and

(c) we exclude, and you release us from, all liability to you for loss (including indirect and consequential loss) or damage of any kind, however caused or arising, including by negligence, arising from or in any way connected with this website, its contents, the Service or your use of them.

13. Account cancellation, breach and indemnity

13.1 We may restrict or block access to the Service by anyone who breaches these terms.

13.2 You must indemnify us and our officers, employees and agents against all claims, demands, damages, costs, expenses (including legal expenses on a full indemnity basis), penalties and liabilities that we or any of them may incur as a direct or indirect consequence of your breach of these terms or of your unlawful or negligent act or omission.

14. Privacy

14.1 Personal information is handled in accordance with our Privacy Policy, which forms part of these terms.

14.2 We may log details about any device used to access this website, including IP address, host, location, browser type, the date and time of access and details of the pages accessed and information downloaded. We use this information for statistics, reporting and to improve the website. Cookies are covered by the Cookie Policy.

15. Relationship

15.1 Nothing in these terms creates a relationship of employer and employee, principal and agent or partnership between you and us.

16. Entire agreement

16.1 To the extent permitted by law, these terms contain the entire terms of your agreement with us, unless we agree otherwise in writing.

17. General

17.1 If any provision of these terms is invalid or unenforceable, it is to be read down to the extent necessary, without affecting the remainder of these terms.

17.2 A waiver is only effective if given in writing by the party waiving the right or obligation.

18. Contact

18.1 Publication of email addresses on this website must not be taken as consent to receive commercial electronic messages.

18.2 If you have any questions about these terms, contact us at [email protected].

18.3 Our postal address is Melbourne, Victoria, Australia.