Tholivira - Digital Marketing Insights for Modern Brand Building

Acceptance of Terms

By accessing, browsing, or using the Tholivira website and any associated services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree with any part of these terms, you must not use our website or services.

Definitions

For clarity and consistency throughout these terms, the following definitions apply:

The terms we, us, our, and Tholivira refer to the entity operating this website and providing associated digital marketing content and services.

The terms you, your, and user refer to any individual or entity accessing or using our website, content, or services in any capacity.

The term services encompasses all content, features, functionality, and offerings provided through our website including blog articles, resources, newsletters, and any products or tools we make available.

The term content refers to all text, images, videos, graphics, data, and materials available on our platform.

Permitted Use of Services

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for lawful personal or business purposes consistent with these terms. You may view, download, and print content for your internal use, provided you maintain all copyright and proprietary notices.

Eligibility

You must be at least eighteen years old to use our services. By using this website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding agreements under applicable Australian law.

If you are accessing our services on behalf of an organization, you warrant that you have authority to bind that entity to these terms.

Your Responsibilities as a User

When using our services, you agree to the following responsibilities:

Provide accurate, current, and complete information when creating accounts or submitting forms

Maintain the confidentiality of your account credentials and notify us of unauthorized access

Comply with all applicable Australian laws and regulations in your use of our services

Use our services only for lawful purposes and in ways that do not infringe rights of others

Prohibited Uses

You must not use our services in any of the following ways:

Violating any applicable laws, regulations, or third-party rights including intellectual property rights

Transmitting harmful code such as viruses, malware, or other destructive technologies

Attempting to gain unauthorized access to our systems, other user accounts, or connected networks

Scraping, harvesting, or collecting user data without permission or for unauthorized purposes

Impersonating any person or entity or misrepresenting your affiliation with others

Intellectual Property Rights

All content on our website including text, graphics, logos, images, videos, software, and compilation of materials is owned by Tholivira or our content suppliers and protected by Australian and international copyright laws. Our trademarks and trade dress may not be used without express written permission. You may not modify, reproduce, distribute, create derivative works, or exploit our content except as expressly permitted by these terms.

User-Generated Content

When you submit comments, feedback, suggestions, or other content to our website, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, modify, and display such content in connection with our services.

Your User Content Responsibilities

You retain ownership of content you submit but represent that you have all necessary rights to grant us the license described above. You are solely responsible for your content and warrant that it does not violate these terms or any applicable laws.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which forms part of these terms. We comply with the Australian Privacy Act 1988 and the Australian Privacy Principles in handling your personal data. Please review our Privacy Policy to understand our practices.

Privacy Policy

Disclaimers and Limitations

Please read these important disclaimers carefully as they limit our liability:

No Warranties or Guarantees

Our services are provided as is and as available without warranties of any kind, either express or implied. We do not guarantee that our services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Results may vary based on individual circumstances and efforts.

Limitation of Liability

To the maximum extent permitted by Australian law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability for any claims shall not exceed the amount you paid us in the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Tholivira and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from your use of our services, violation of these terms, or infringement of any third-party rights.

Dispute Resolution and Jurisdiction

We are committed to resolving disputes fairly and efficiently through the following processes:

Arbitration

Any disputes arising from these terms or your use of our services shall first be addressed through good faith negotiations. If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of Resolution Institute under Australian law.

Arbitration proceedings shall be conducted in English and take place in Australia. Each party shall bear its own costs unless otherwise determined by the arbitrator.

Online Dispute Resolution

For eligible disputes, you may also use online dispute resolution platforms to seek resolution. The European Commission provides an ODR platform, though Australian consumers may find local alternatives more appropriate.

European Commission ODR Platform

Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary. The remaining provisions shall continue in full force and effect.

Entire Agreement

These terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Tholivira regarding use of our services, superseding any prior agreements or understandings. No waiver of any term shall be deemed a continuing waiver or waiver of any other term.

Governing Law

These terms are governed by and construed in accordance with the laws of Australia. The courts of Australia shall have exclusive jurisdiction over any disputes that cannot be resolved through arbitration.

Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause or notice, for any reason including violation of these terms. You may discontinue use at any time. Upon termination, your license to use our services immediately ceases.

Modifications

We may modify these terms at any time by posting updated terms on our website. Your continued use of our services after changes constitutes acceptance of the modified terms. We encourage you to review these terms periodically to stay informed of any updates.

Contact Information

If you have questions or concerns about these terms, please contact us:

Email Address: content@tholivira.com

Phone Number: +61 8 2053 8714

Mailing Address: Level 4, 55 Southbank Boulevard, Southbank, VIC 3006 Australia

Terms and Conditions for Tholivira