Terms & conditions

Introduction

Welcome to Optimate Pty. Ltd. (“Company”, “we”, “our”, “us”)! By accessing or using our website (the “Site”), you agree to comply with and be bound by these Terms & Conditions (the “Terms”). If you do not agree with these Terms, please do not use our Site.

Use of the Site

By using this Site, you represent that you are at least the age of majority in your state or province of residence or that you have given us your consent to allow any of your minor dependents to use this Site. You agree to use the Site only for lawful purposes and in accordance with these Terms.

Intellectual Property

All content, features, and functionality on this Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, are the exclusive property of the Company and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

User Conduct

You agree not to use the Site to:

• Violate any applicable local, state, national, or international law or regulation.
• Transmit any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation.
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, directors, employees, agents, licensors, or service providers be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to, use of, or inability to access or use the Site, any content therein, or any unauthorized access or use of your data.

Disclaimer of Warranties

The Site and all information, content, materials, products, and services included on or otherwise made available to you through the Site are provided on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products, or services included on the Site.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from your use or misuse of the Site, violation of these Terms, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Termination

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Site.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.

Contact Us

If you have any questions about these Terms & Conditions, please contact us at:

• Email: info@optimate.net.au
• Phone: (+61) 07 3192 0000
• Address: Level 6, 200 Adelaide St, Brisbane City QLD 4000

You may also use our Contact Form available on the Site for any inquiries or issues related to these Terms.

Last updated June, 2024.