This End User License Agreement (“Agreement") between you (“you” or “your”) and Imphenzia Pty Ltd ("Imphenzia") sets forth the terms and conditions and governs the use of products ("Product(s)") purchased by you, or downloaded as Patreon reward(s), from Imphenzia and services ("Services(s)") available on imphenzia.com.
This Agreement is effective from date and time of payment for Product(s), or from the time of download of Product(s) as Patreon reward(s), and is effective in perpetuity. Upon payment to Imphenzia for Product(s) or upon download of Product(s) you accept this agreement.
You agree and acknowledge that your use of Product(s) is entirely at your own risk. You agree that Imphenzia will not be liable, under any circumstances, for any (a) termination, suspension, loss, or modification of Product(s) and/or Service(s), (b) use or inability to use the Product(s) and/or Service(s), (c) access interruptions or access delays to Product(s) and/or Service(s), (d) loss incurred in connection with use of Product(s) and/or Service(s), or (e) unauthorized access to or alteration of your transmissions or data. Imphenzia will also not be liable for any indirect, special, incidental, or consequential, damages of any kind regardless of the form of action. In no event shall Imphenzia’s maximum aggregate liability exceed the total amount paid by you for the Product(s). Any material downloaded or otherwise obtained from Imphenzia is done at your own discretion and risk and you will be solely responsible for any damage to you, third parties, computer systems, audio equipment, or loss of data that results from the download or use of such material. You agree to defend, indemnify, and hold harmless Imphenzia, directors, and employees for any loss, liabilities, damages, costs or expenses arising out of or related to your use of or connection to the Product(s) and/or Service(s).
The Product(s) and Service(s) are provided to you on an “as is,” as available basis. Imphenzia makes no representations, warranties or guarantees of any kind whatsoever, express or implied, in connection with this Agreement. Imphenzia further disclaims any representation or warranty: (i) that the Product(s) and/or Service(s) will meet your specific requirements, (ii) that the Product(s) and/or Service(s) will be uninterrupted, timely, secure, or error-free, or (iii) that any errors in the Product(s) and/or Service(s) will be corrected.
This Agreement will be governed in all respects by the substantive laws of Queensland, Australia. Any disputes arising from or related to this Agreement or its enforceability, or the business relationship between the parties, shall be finally settled by binding, confidential arbitration held in Brisbane, Australia, using the laws, rules, and procedures of the State of Queensland. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English.
The Product(s) are property of Imphenzia and copyrighted by Imphenzia.
Copyright: 2014–2023 Imphenzia Pty Ltd. All Rights Reserved.