Cipherness | Terms of Use sDESIGN LIVING

Agreement to Terms of use
These Terms and Conditions of Use (the “Terms of Use”) apply to the sDESIGN LIVING web site located at cipherness.com and all associated sites linked to it, by sDESIGN LIVING, its subsidiaries and affiliates, including GoDarm.com, Cipherness.com, S-Cloth.com, cipherness.com, geoinfosys.org sites around the world (collectively, the “Site”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE.

Modification
sDESIGN LIVING reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, sDESIGN LIVING grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Ownership
The Site is the property of sDESIGN LIVING (One of the business, trading names of GeoInfosys Aus Pty Ltd).

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to sDESIGN LIVING, and is protected by, copyright, patent and trademark laws, and various other intellectual property rights.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without sDESIGN LIVING’s express prior written consent.

Use of the site

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, application, services and collective content.

You may not and you agree that you will not:
-Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
-Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
-"Stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an sDESIGN LIVING Service Provider/Business or Customer;
-Register for more than one sDESIGN LIVING Account or register for an sDESIGN LIVING Account on behalf of an individual other than yourself;
-Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
-Use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
-Use the Site, Application, Services or Collective Content to find a Customer or Service Provider/Business and then complete a booking independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to sDESIGN LIVING's provision of the Services or for any other reasons;
-As a Customer, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
-Use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
-Interfere with or damage our Site, Application or Services, including, without limitation, through the use -of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- Use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
-Use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisement
-Register for more than one sDESIGN LIVING Account or register for an sDESIGN LIVING Account on behalf of an individual other than yourself;
-Recruit or otherwise solicit any Customer or other Member to join third-party services or websites that are competitive to sDESIGN LIVING, without sDESIGN LIVING's prior written approval;
-Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. sDESIGN LIVING reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any sDESIGN LIVING server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of sDESIGN LIVING, including any sDESIGN LIVING account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or sDESIGN LIVING’s systems or networks, or any systems or networks connected to the Site or to sDESIGN LIVING.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to sDESIGN LIVING on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of sDESIGN LIVING or others.

sDESIGN LIVING has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

sDESIGN LIVING may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against sDESIGN LIVING or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the policies, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of sDESIGN LIVING, its users, or members of the public. You acknowledge that sDESIGN LIVING has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. sDESIGN LIVING reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that sDESIGN LIVING, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Products and Services, Other terms and conditions

You may be provided the opportunity on the Site or through the Services to purchase products or services that are offered, sold or manufactured by third parties. The availability of any Products on the Site does not imply our endorsement of the Products. Reviews are solely the opinions of the users that post them.
We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product bought directly from sDESIGN LIVING is not as described, then your sole remedy is to return it in unused condition. sDESIGN LIVING and sellers on the Site strive for accuracy in pricing of the products sold. However, occasional errors or mistakes may cause inaccurate prices to appear on the Site. We have the right to void any purchases that display an inaccurate price

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

sDESIGN LIVING may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and sDESIGN LIVING makes no commitment to update the materials on the Site with respect to such products and services.

The other terms & policies (Trademarks & copyrights, licensing, legal etc) may be changed from time to time and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an sID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify sDESIGN LIVING immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by sDESIGN LIVING or any other user of or visitor to the Site due to someone else using your sID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s sID, password or account at any time without the express permission and consent of the holder of that sID, password or account. sDESIGN LIVING cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Also you require providing certain information to sDESIGN LIVING. If and when you register with or provide information to sDESIGN LIVING, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.

Privacy

You agree that sDESIGN LIVING's Privacy Policy (as may be updated from time to time) governs sDESIGN LIVING's collection and use of your personal information.

sDESIGN LIVING’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

You acknowledge and agree that any personal information provided by you through registration or collected by us in connection with your use of the Site or any Services will be treated in the manner described in our Privacy Policy. Our Privacy Policy is incorporated into this Agreement, and you agree to its terms.

Links to other sites and to the sDESIGN LIVING Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under sDESIGN LIVING’s control, and sDESIGN LIVING is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

sDESIGN LIVING DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. sDESIGN LIVING CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. sDESIGN LIVING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. sDESIGN LIVING DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY sDESIGN LIVING SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
sDESIGN LIVING reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of liability

“sDESIGN LIVING entities" means sDESIGN LIVING and ay subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them.

sDESIGN LIVING entities make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for: (i) content posted by any third-party on the site, (ii) the product descriptions or products, (iii) third-party sites and any third-party product or service listed on or accessible to you through the site, and (v) the quality or conduct of any third-party you encounter in connection with your use of the site.
You agree that under the maximum extent permitted by law, sDESIGN LIVING entities will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that sDESIGN LIVING entities specifically will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if we have been advised of the possibility of such damages or such damages are foreseeable) arising out of and in any way connected with your use of, or inability to use, the site or products. Your use of the site, products, information, or services is at your sole risk.

Except where prohibited by law, in no event will sDESIGN LIVING be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if sDESIGN LIVING has been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold sDESIGN LIVING, its officers, directors, shareholders, predecessors, successors in interest, employees, consultants, agents, subsidiaries, representatives and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) and other expenses directly or indirectly out of or from your breach of this agreement; any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; your activities in connection with the Site or other websites to which the Site is linked; and/or your negligent or willful misconduct, made against sDESIGN LIVING by any third party due to or arising out of or in connection with your use of the Site.

Violation of these Terms of Use

sDESIGN LIVING may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) sDESIGN LIVING’s rights or property, or the rights or property of visitors to or users of the Site, including sDESIGN LIVING’s customers. sDESIGN LIVING reserves the right at all times to disclose any information that sDESIGN LIVING deems necessary to comply with any applicable law, regulation, legal process or governmental request. sDESIGN LIVING also may disclose your information when sDESIGN LIVING determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge, consent and agree that sDESIGN LIVING may access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against sDESIGN LIVING; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users, such as the Terms of Service, this Privacy Policy; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of sDESIGN LIVING, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:
providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or based on information supplied by law enforcement, we, in our sole discretion, believe: (a) that providing notice could create a risk of injury or death to an individual or group of individuals, (b) that the case involves potential harm to minors, or (c) that harm or fraud could be directed to sDESIGN LIVING, its Members, the Platform, or Services. We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

You acknowledge and agree that sDESIGN LIVING may preserve any transmittal or communication by you with sDESIGN LIVING through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or sDESIGN LIVING determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of sDESIGN LIVING, its employees, users of or visitors to the Site, and the public.

You agree that sDESIGN LIVING may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to sDESIGN LIVING, for which monetary damages would be inadequate, and you consent to sDESIGN LIVING obtaining any injunctive or equitable relief that sDESIGN LIVING deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies sDESIGN LIVING may have at law or in equity.

You agree that sDESIGN LIVING may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If sDESIGN LIVING does take any legal action against you as a result of your violation of these Terms of Use, sDESIGN LIVING will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to sDESIGN LIVING. You agree that sDESIGN LIVING will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Australia and by the laws of the State of New South wales without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Sydney, New South Wales, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between sDESIGN LIVING and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Availability of features in the site

sDESIGN LIVING administers and operates the www.sDESIGN LIVING.com Site from its location Sydney, NSW, Australia and; other sDESIGN LIVING sites may be administered and operated from various locations outside the Australia. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Australia. sDESIGN LIVING reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. If you choose to access the Site from outside the Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Australia export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and sDESIGN LIVING with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and sDESIGN LIVING with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with sDESIGN LIVING, sDESIGN LIVING will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. sDESIGN LIVING’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by sDESIGN LIVING of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between sDESIGN LIVING and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. sDESIGN LIVING provides access to sDESIGN LIVING international data and, therefore, may contain references or cross references to sDESIGN LIVING products, programs and services that are not announced in your country. Such reference does not imply that sDESIGN LIVING in your country intends to announce such products, programs or services.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. sDESIGN LIVING shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.