Conditions of Use

These website terms and conditions of use govern your use of VYER.com (our website), our intellectual property and our products and solutions. Please read the terms in full before you use this website. If you do not accept these terms, please do not use this website & our products and services (including the Brandcrunch blog). Using this website and our products implies that you accept these terms.

We do occasionally update these terms so, please refer back to them in the future.

Site access

You will be able to access the majority of this website without having to register any details with us. However, particular areas of this website will only be accessible only if you have registered.

Use of website

You are permitted to use our website for your purposes and to print and download material from this website provided that you do not modify any content without our consent. The material on this website must not be republished online or offline without our express written permission. The copyright and other intellectual property rights in all material on this website are owned by us or our licensors and must not be reproduced without our prior consent. No part of this website or products may be reproduced without our prior written consent.

Site uptime

We take all reasonable steps to ensure that this website (and our connected services, e.g. hosting, domain registration, Google Adwords and Analytics) are available 24 hours every day, 365 days per year. However, websites and other connected services do sometimes encounter downtime due to any unforeseen server or technical issues outside of VYER’s control. Therefore we will not be liable if this website or other/connected services is/are unavailable at any time. This website and it’s connected services may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors warning of maintenance issues but shall not be obliged to do so.

Visitor conduct

Except for personally identifiable information, the use of which is included in our privacy policy, any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise and we agree, we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

When using this website you shall not post or send to or from this website any material:

  • For which you have not obtained all necessary consents
  • That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia.
  • Which is harmful including, and without limitation, computer viruses, trojan horses, corrupted data, or other potentially dangerous software or data.

We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of the visitor conduct section.

Links to other websites

Any links to third party websites located on this website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this website, it is at your own risk.

If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, any page on this website, and subject to the following conditions:

  • You do not in any way imply that VYER is endorsing any services or products unless this has been agreed with previously by us.
  • You do not misrepresent your relationship with us or present any false information about us.
  • You do not link from a website that is not owned by you. And
  • Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of Australia.
  • If you choose to link to our website in breach of this paragraph, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer

We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of the material on this website. We may make changes to the material on this website at any time and without notice. The material on this website may be out of date, or on rare occasions incorrect and we do not commit to ensuring that such material is correct or up to date.

The material on this website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may affect about this website.

Exclusion of liability

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website), shall be liable or responsible for any loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this website (or our products).

Nothing in these terms shall exclude or limit liability for:

(i) death or personal injury caused by negligence

(ii) fraud;

(iii) misrepresentation as to a fundamental matter; or

(iv) any liability which cannot be excluded or limited under the laws of Australia.

Governing Jurisdiction

This Legal Notice shall be governed by and construed by Australian law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of Australia.

Payments and contracts

VYER has the right to withdraw quotes after 14 days of issue (without warning). VYER can set milestones in place to ensure our clients meet objectives on time.  VYER can at any time consider a client has not fulfilled their obligations and cancel any ongoing work without replacement or refund.

By accepting a verbal offer from VYER or by signing the New Account Authorisation, all customers understand required milestones do bind them. While VYER will guarantee to do the best possible work and give our clients as much leeway as possible, these terms are in place to protect VYER, our other clients, our stakeholders and suppliers. Refunds are not provided at any stage, however, following Australian Consumer Law. VYER will rectify any misleading or faulty products as soon as possible (after being notified of such). VYER has an obligation to provide deadlines and milestones that are achievable and accessible. All invoices from VYER must be processed on or before the due date. Any non-paid invoices (without prior arrangement) may see your account suspended, work stopped or cancelled, and action to recover any outstanding funds may commence.

Copyright

All material on this website is copyright under Australian and International copyright laws.  Any similarity between any pages, work, images, posts or comments on VYER.com (or any of our online properties including social media and solution platforms) and any other site is purely coincidental, and VYER will not be held liable for any loss or damage associated with this.

Updated 27 November 2017