1. Our Agreement

1.1 Accepting this Agreement

• (a) These terms govern your access to and use of the Website, and the conditions upon which you procure goods and services from us. By using the Website or purchasing our goods and services, you agree to comply with and be bound by the terms and conditions of this Agreement.
• (b) If you do not agree to these terms, you have no right to purchase our goods or services, obtain information from or otherwise continue using the Website.
• (c) It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.

1.2 About this Agreement Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined in clause 12.1. They aid to clarify the terms and conditions. Please feel free to email us at Service@RadianceStation.com if you have any other questions relating to this Agreement.

2. Purchase of goods and services

2.1 Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you. Where you engage our services, we shall enter into a client agreement with you for those services.

3. Refunds

If you, acting reasonably, find the goods to be faulty, you must contact us to obtain a refund in accordance with our refund policy. Nothing in our refund policy is intended to deny you a refund which you would be statutorily entitled to pursuant to the Australian Consumer Law.

4. Website

4.1 Information only Other than the descriptions of our goods and services, the content of our Website is for informational purposes only. It is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of the information.

4.2 Third party websites and hyperlinks

• (a) The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and are therefore not responsible for the hyperlinks, information or downloads available on them. You visit third party websites entirely at your own risk.
• (b) Where we provide hyperlinks, we do so only for your convenience and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of the content on the third party website.

4.3 Website not locally available You acknowledge and agree that the Website will only be accessible using the internet and will not be available "locally".

4.4 Parts of the Website controlled by third parties

• (a) You acknowledge and agree that the Website is operated from servers owned and controlled by a third party. As such, you acknowledge that certain functions are out of our control, including data storage and backup.
• (b) We may subcontract the storage of any data to another third party (or multiple third parties) without notification to or consent from you.

4.5 Amendments to the Website We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove content from, redesign, improve, take offline (temporarily or permanently) or otherwise alter the Website at our sole and absolute discretion.

4.6 Inaccessibility of the Website From time to time, without notice, access to all or part of the Website may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the Website as soon as practicable.

4.7 Errors You acknowledge and agree that there may be technical or administrative errors in the information on the Website. We reserve the right to do any of the following, at our absolute discretion, without notice:

• (a) correct any errors in the information on the Website;
• (b) update the information on the Website; or

4.8 Website security We will take reasonable steps to ensure that the Website and your Radiance Station Account is secure from unauthorised access consistent with generally accepted industry standards.

5. Your use of the Website

5.1 Registering an Account

You acknowledge and agree in order to purchase goods and services, you are required to provide us with Personal Information It is your responsibility to ensure the information in this Account is accurate and kept up to date.

5.2 Account security:

• (a) You must keep your Radiance Station Account details secure and confidential.
• (b) You are responsible for all activities that occur under your Radiance Station Account, whether or not those activities are authorised by you.

5.3 Lawful use of the Website You undertake not to upload, store or access any data on the Website if such access or storage would:

• (a) infringe a person’s Intellectual Property right;
• (b) breach any Privacy Law; or
• (c) breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

5.4 Conduct which is expressly prohibited.You must not:

• (a) in any way tamper with, hinder or modify the Website;
• (b) knowingly transmit any viruses or other disabling features to or via the Website;
• (c) intentionally disable or circumvent any protection or disabling mechanism related to the Website;
• (d) install or store any software applications, code or scripts on or through the Website;
• (e) use the Website in any way which could be reasonably expected to interfere with or damage our network, any other operator's network, or another user's enjoyment of the Website; or
• (f) attempt, facilitate or assist another person to do any of the above acts.

5.5 It is an essential pre-condition to you using our website that you agree and accept that Radiance Station is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

5.6 It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

6. Privacy

You agree and consent to us handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on the Website.

7. Intellectual Property

7.1 Our warranties regarding Intellectual Property We warrant we own or have a licence to use the Intellectual Property in the Website.

7.2 Your warranties regarding Intellectual Property You warrant you will not do any of the following, or permit any person over whom you have effective control to:

• (a) copy or reproduce, or create an adaptation or translation of, all or part of the Website in any way, except to the extent that reproduction occurs automatically through its ordinary use;
• (b) incorporate all or part of the Website in any other webpage, site, application or other
• (c) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Website on any medium; or
• (d) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in the Website.

8. Limitation of Liability

8.1 Implied Conditions We exclude all implied guarantees, conditions and warranties from this Agreement except any Non-excludable Condition.

8.2 Limitation of Liability Subject to the Non-excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:

• (a) the Website being inaccessible for any reason;
• (b) incorrect or corrupt data, lost data, or any inputs or outputs of the Website or Services;
• (c) computer virus, trojan and other malware in connection with the Website or our services;
• (d) security vulnerabilities in the Website or any breach of security that results in unauthorised access to, or corruption of data;
• (e) our negligence or that of our service providers;
• (f) any unauthorised activity in relation to the Website or our services;
• (g) the occurrence of an Event of Force Majeure;
• (h) your breach of this Agreement; or
• (i) any act or omission by you, your personnel or your associates under or in relation to this Agreement.

8.3 Indemnity You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of the Website and our services, including any costs arising from:

• (a) your breach of this Agreement;
• (b) your infringement of any third party Intellectual Property rights associated with this Agreement;
• (c) any harm to, claim or action by a third party which arise directly or indirectly from your use of the Website, the goods, or the services procured under this Agreement; and
• (d) your breach of any law.

9. Dispute Resolution

9.1 Mandatory mediation

• (a) A party claiming that a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute and the parties must submit themselves to the dispute resolution procedure set out in this clause 9.
• (b) Subject to clause 9.2, the parties agree that if a Dispute arises, a party may not commence any legal proceedings relating to the Dispute unless it has complied with the provisions of this clause.
• (c) If the parties cannot resolve the Dispute within 30 days of receiving a notice of the Dispute, then either party may (by giving notice in writing to the other party) require the Dispute to be referred for mediation. The mediation must be undertaken:
• (i) in accordance with the Resolution Institute Mediation Rules;
• (ii) at a location agreed by the parties and in the absence of agreement in Brisbane, Queensland; and
• (iii) using a mediator agreed by the parties and in the absence of agreement by a mediator nominated by the Resolution Institute.
• (d) Each party must pay its own internal and legal costs in relation to complying with this clause 9. The mediator’s costs are to be shared equally.
• (e) If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

9.2 Not applicable to the collection of debts

The parties acknowledge and agree this clause 9 does not:

• (a) apply to the collection of any debt; or
• (b) prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

10. General provisions

10.1 Assignment

We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent. Where this agreement is novated, we may do so by giving you one month written notice.

10.2 Entire Agreement

This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

10.3 Governing law

The laws of Queensland, Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

10.4 Notices

Any communication under or in connection with this Agreement:

• (a) which we send, must be either delivered or posted by prepaid post to the address or sent by email to the details in your Radiance Station Account at the time of sending; and
• (b) which you send, must be either delivered or posted by prepaid post to #address# or sent by email to our email address set out at clause 1.2.

11. Severability

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

12. Definitions and interpretation

12.1 Definitions Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings: Agreement means these terms and conditions and any document incorporated into them by reference. Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth). Delivery Service Provider means any one of the service providers who may deliver the goods on our behalf and who are selected in our sole discretion. Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code. Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right. Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded. Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form. Privacy Law means the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles. Privacy Policy means the privacy policy available on our Website or as amended by us from time to time. You means the person or entity using the Website. Us, we or our means Radiance Station. Website means the website located at Radiance Station.com.au and any of its subdomains.

12.2 Interpretation

Unless the terms and conditions of the Agreement explicitly state otherwise, the Agreement will be interpreted as follows:

• (a) a reference to a party includes that party's permitted assigns, administrators, successors, executors, legal representatives and any novated party;
• (b) any reference to a trustee includes any substituted or additional trustee;
• (c) unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
• (d) "including", "includes" or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
• (e) where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
• (f) headings are for convenience and will not affect interpretation;
• (g) words in the singular will be taken to include the plural and also the opposite;
• (h) when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body;
• (i) a reference to a party's conduct includes omissions as well as acts; and
• (j) if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute.