Legals

Terms & Conditions

Welcome to DesignBox (which includes the websites www.silo8.com and www.silo8.com.au and the online brand management application and tools). Your use of DesignBox and the provision of any services by Silo 8 Pty Ltd ACN 137 386 362 and/or affiliates ("Silo 8") to you is subject to the Terms and Conditions. The Terms and Conditions comprise the provisions in this document and, except to the extent of any inconsistency with the provisions in this document, any other provisions set out elsewhere in DesignBox.

The Terms and Conditions govern your use of DesignBox (including your orders and purchases). They set out your rights and obligations, including important limitations and exclusions.

If you use DesignBox or access www.silo8.com and www.silo8.com.au, you are deemed to accept the Terms and Conditions. Please read them carefully. Silo 8 reserves the right to amend the Terms and Conditions at any time without providing notice to you. In these Terms and Conditions, the words “us” or “our” refer to Silo 8.

The Terms and Conditions together with your order constitute the entire agreement between us and you for the products and/or services to which your order relates. No other terms will apply. The agreement cannot be varied unless we and you agree in writing to vary it.

PRIVACY

Please review our Privacy Policy to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit www.silo8.com and www.silo8.com.au or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically, by sending e-mail or by posting notices on www.silo8.com and www.silo8.com.au. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

USE RESTRICTIONS AND REQUIREMENTS

DesignBox is available for use only by individuals aged 13 years or older.

Silo 8 reserves the right to refuse DesignBox registration by users resident outside Australia and/or for use outside Australia.

Use of DesignBox requires compatible devices, internet access and compatible browsers; may require periodic updates; and may be affected by the performance of these factors. High-speed internet access is strongly recommended. You agree that these requirements, which may change from time to time, are your responsibility.

When you upload photographs or other image content to DesignBox, the original resolution of the content may be affected depending on the upload speed you choose.

Silo 8 does not guarantee or warrant that any content (including photos, digital images or text) you upload to DesignBox or otherwise provide to Silo 8 will not be subject to inadvertent damage, corruption or destruction. Silo 8 will have no obligation or liability to you for any content that is lost, damaged or corrupted. You are responsible for backing up, on your own computer, all content that you upload to DesignBox or otherwise provide to Silo 8. Silo 8 will not be responsible for any archiving or back-up of content.

PROHIBITED CONTENT

You must not upload to DesignBox or otherwise use DesignBox to process prohibited content, which means content that:

may be regarded as abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
is subject to confidentiality or to proprietary rights (including copyright) without the express permission of the owner or relevant party;
violates or otherwise encroaches on the rights of others including their right to privacy;
contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise DesignBox (collectively "Corruptive Code");
advocates or facilitates illegal activity;
may cause any liability for Silo 8 under any applicable law or regulation;
harms anyone, including minors; or,
provides a link to any of the above.

By uploading content (including images, photographs and text) to DesignBox, you are representing that you are the owner of such content, or have proper authorization from the owner of the content.

You agree that Silo 8 may, but is not required to, examine content you upload to, or process using, DesignBox. Silo 8 reserves the right, without notice to you, to remove any content that Silo 8, in its sole discretion, considers to be prohibited content.

INTELLECTUAL PROPERTY

Except for content that you upload to DesignBox, DesignBox (including all text, graphics, logos, user interfaces, button icons, images, audio clips, video clips, digital downloads, scripts, data compilations, and software) is the property of Silo 8 or its content suppliers and protected by applicable intellectual property and other laws, including Australian and international copyright laws. You agree that you will not use this proprietary information or material in any way whatsoever except for use of DesignBox in compliance with the Terms and Conditions.

No portion of DesignBox its contents or any products created using DesignBox may be reproduced in any form or by any means, except as expressly permitted in the Terms and Conditions. Except to the extent that applicable laws prevent Silo 8 restraining you from doing so, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on DesignBox in any manner, and you shall not exploit DesignBox in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Silo 8 and other www.silo8.com.au graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Silo 8 in Australia and/or other countries. Silo 8's trademarks and trade dress may not be used in connection with any product or service that is not Silo 8's except with the prior written permission of Silo 8. All other trademarks not owned by Silo 8 that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Silo 8.

LICENCE AND SITE ACCESS

Silo 8 grants you a limited, revocable licence to access and use DesignBox for your internal purposes and not to download (other than page caching) or modify it, or any portion of it, except with express, prior, written consent of Silo 8 and subject to the Terms and Conditions. This licence does not include any resale or commercial use of DesignBox, its contents or any products created using DesignBox; any derivative use of DesignBox or its contents; any downloading or copying of account information for the benefit of another client; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of DesignBox may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express, prior, written consent of Silo 8. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Silo 8 without express, prior, written consent. You may not use any meta tags or any other "hidden text" utilizing Silo 8's name or trademarks without the express, prior, written consent of Silo 8.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of www.silo8.com and www.silo8.com.au so long as the link does not portray Silo 8, or its products or services, including DesignBox in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Silo 8 logo or other proprietary graphic or trademark as part of the link without express, prior, written permission of Silo 8.

COPYRIGHT COMPLAINTS

Silo 8 respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

OTHER BUSINESSES

Parties other than Silo 8 may provide services, or sell product lines through DesignBox. In addition, we may provide links to the websites of affiliated companies and certain other businesses. If so, we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Silo 8 does not assume any responsibility or liability for the actions, products, and content of any of these or any third parties. You should carefully review their privacy statements and other conditions of use.

PRICING

Prices on DesignBox are expressed exclusive of GST. If applicable, GST will be shown and included in your final order.

If there is a mistake in price, Silo 8 reserves the right to correct the mistake and charge you the correct price. Before doing so, Silo 8 will notify you of the mistake and will offer you the opportunity for a refund.

PAYMENT

You may pay online, via DesignBox, by credit card, debit card or cheque card. DesignBox accepts Visa, MasterCard and American Express.

Silo 8, may, in its absolute discretion accept other methods of payment (including cheque or money order). For other methods of payment you must contact Silo 8.

You may be required to provide further identification for additional security reference checks.

You must pay the price payable for any product or service provided via DesignBox in Australian dollars.

Silo 8 is not responsible for any fees charged by your bank.

DELIVERY

After ordering, you will receive an email confirmation from Silo8 and PayPal confirming your order details - usually within a few minutes of ordering.

Except as otherwise specified, all services and products are delivered via DesignBox for download by you.

Any delivery timeframes specified are indicative only. Actual delivery timeframes may vary.

REFUNDS

Silo 8 may, in its absolute discretion, but without any obligation to do so, provide a full or part refund (as Silo 8 considers appropriate) if you decide to cancel a plan, order or other service or product.]

If you believe that an error, failure or defect in a DesignBox product or service has been caused by DesignBox and/or Silo 8, you may request a refund by sending an email to Silo 8 that provides details of the error, failure or defect. Silo 8 may, in its absolute discretion, do any one of the following in response to such request: provide you with a full or part refund; provide you with a DesignBox credit; rectify the error, failure or defect in the product or service; re-provide the service or product; or decline your request.

You agree that any refund made by Silo 8 does not constitute an admission of liability by Silo 8 and, to the extent permitted by law, constitutes full and final settlement of any claim you may have against Silo 8.

This section “REFUNDS” is subject to the “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” section below.

SECURITY

You are solely responsible for maintaining the confidentiality and security of your DesignBox account (including your password) and for all activities that occur on or through your account. You agree immediately to notify Silo 8 of any security breach of your account. Silo 8 will not be responsible for any losses arising out of the unauthorized use of your account.

You agree to provide accurate and complete information when you register with, and as you use, the DesignBox, and you agree to update your information so that it is at all times accurate and complete.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

DesignBox and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by Silo 8 on an "as is" and "as available" basis, unless otherwise specified in writing. Silo 8 makes no representations or warranties of any kind, express or implied, as to the operation of DesignBox or the information, content, materials, products (including software) or services included on or otherwise made available to you through DesignBox, unless otherwise specified in writing. Silo 8 does not guarantee, represent or warrant that your use of DesignBox will be uninterrupted, error-free or free from loss, corruption, attack, viruses, interference, hacking or other security intrusion. You agree that, from time to time, Silo 8 may cease or suspend the operation of DesignBox for indefinite periods of time, without notice to you. You expressly agree that your use of, or inability to use, DesignBox is at your sole risk.

Any delivery, response or turnaround timeframes specified in DesignBox are indicative only. Silo 8 makes no representations and gives no warranty that any specified timeframes will be met and assumes no liability for failure to meet such timeframes.

Print quality will vary depending on a variety of factors including the printing facilities (including those provided by third parties) you use. DesignBox may provide guidance that can help with print quality. Without limiting any other provisions in this section (DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY), in providing such guidance Silo 8 makes no representations or warranties as to print quality and Silo 8 assumes no liability for any errors, failures or defects caused by printing facilities.

Silo 8 will not be liable to you for any incidental, consequential, or indirect damages arising out of the use of DesignBox or any products or services provided or made available by Silo 8. In addition, Silo 8 disclaims all liability, regardless of the form of action, for the acts or omissions of other parties or users. The maximum aggregate liability of Silo 8 under the Terms and Conditions or otherwise shall in no circumstances exceed the amount payable by you in respect of the product or service that gives rise to the liability, or, where no service or product is ordered or purchased by you, the amount of AU $100.

To the full extent permissible by applicable law, Silo 8 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Silo 8 does not warrant that DesignBox; information, content, materials, products (including software) or services included on or otherwise made available to you through DesignBox; their servers; or e-mail sent from Silo 8 are free of viruses or other harmful components. Silo 8 will not be liable for any damages of any kind arising from the use of DesignBox or from any information, content, materials, products (including software) or services included on or otherwise made available to you through DesignBox, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain Australian laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the above disclaimers, exclusions, or limitations will apply to the extent permitted by these laws. To the extent to which Silo 8 is entitled to do so, Silo 8 limits its liability under these laws as follows. In the case of products, at Silo 8’s option: the replacement of the products or the supply of equivalent products; the repair of the products; payment of the cost of replacing the products, acquiring equivalent products, or repairing the products. In the case of services, at Silo 8’s option: supplying the services again or payment of the cost of having the services supplied again.

INDEMNITY

By using DesignBox, you agree to indemnify and hold Silo 8, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of the Terms and Conditions, your use of DesignBox.

APPLICABLE LAW

The laws of the state of Victoria, Australia without regard to principles of conflict of laws, will govern the Terms and Conditions and any dispute of any sort that might arise between you and Silo 8. The courts of the state of Victoria will have exclusive jurisdiction for any proceedings between you and Silo 8.

DISPUTES

In the event of a dispute between you and Silo 8, either party may give written notice to the other stating the details of the matter in dispute and requesting that the parties meet to discuss and negotiate a mutually acceptable resolution. The parties meet in good faith within seven days of the serving of a Notice of Dispute under this agreement.

If the dispute cannot be resolved within 28 days of the initial meeting the parties will refer the dispute to mediation. The parties will refer the dispute to a mediator agreed by both parties where possible. If the parties cannot agree on a mediator, then the mediator will be nominated by the President of the Law Institute of Victoria. The parties agree to meet their own costs of the mediation but to share equally any fees associated with the independent mediator.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern DesignBox. We reserve the right to make changes to our site, policies, and the Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Silo 8 the written information specified below. Please note that this procedure is exclusively for notifying Silo 8 that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a belief in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

TERMINATION

If you fail, or Silo 8 suspects on reasonable grounds that you have failed, to comply with any of the provisions in the Terms and Conditions, Silo 8 may, at its sole discretion, without notice to you: (i) terminate your plan and/or account, and you will remain liable for all amounts due under your plan up to and including the date of termination; and/or (ii) terminate your licence to use DesignBox; and/or (iii) preclude your access to DesignBox (or any part thereof).

Silo 8 reserves the right to modify, suspend, or discontinue DesignBox (or any part or content thereof) at any time with or without notice to you, and, to the full extent permitted by law, Silo 8 will not be liable to you or to any third party should it exercise such rights.

Silo8 Pty Ltd

PO Box 103

Oakleigh Victoria 3166

Australia

Head Office Phone: 61 3 9529 5008

Head Office Fax: 61 3 9529 5009

Email: info@silo8.com.au

Privacy Policy

Purpose of this Policy

Information relating to an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion provided constitutes “personal information”.

The purpose of this policy is to let users of DesignBox (which includes the websites www.silo8.com and www.silo8.com.au and the DesignBox online brand management application and tools) know what personal information is collected about them, how this information may be used and disclosed.

Personal information collected by Silo 8 is treated as confidential.

Silo 8 recognises that protection of your personal information is important. We know that providing personal information is an act of trust and we take that seriously.

Collection of personal information

Silo 8 only collects the personal information that you provide about yourself, or that DesignBox requires you to provide, in order to set up and maintain a DesignBox account.

Use and disclosure of Information

Silo 8 uses the personal information it collects (from your DesignBox account profile) to administer your DesignBox account. If you opt in, we also use your personal information to send you information about other products and services.

Silo 8 will disclose your personal information to the extent required to do so by law.

Accuracy of your Personal Information

Through the account updating functionality (in the “My Account / My Profile section) of DesignBox, we provide you with the means to ensure that your personal information is correct and current.

Access to Information collected

We will, at your request, provide you with access to any information which we have collected about you through this website in accordance with Information Privacy Principle 6, Privacy Act 1988 (Cth), subject to some exceptions allowed by law. To gain access to this information you should contact us (see details below). If you believe any information is inaccurate, incomplete or out of date, please contact us.

Security of Information

Silo 8 uses ‘administrator’ and ‘user’ access rights in order to help protect personal information. DesignBox logs the activity of individual users.

DesignBox currently uses 128 Bit SSL encryption, firewalls, restricted physical access and restricted staff access. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (not encrypted).

Cookies

A cookie is a piece of information that an Internet web site sends to your browser when you access information at that site. Cookies are either stored in memory (session cookies) or placed on your hard disk (persistent cookies). The Silo 8 Web site does not use persistent cookies. Upon closing your browser the session cookie set by this web site is destroyed and no personal information is maintained which might identify you should you visit our web site at a later date.

Katsionis Pty Ltd

Address

Head Office Phone: 61 3 9123 1234

Email: info@runstudiorun.com.au