Terms and Conditions

Legal Agreement Overview

These Terms and Conditions constitute a legal agreement between you and Cairn Path. By accessing our website or using our services, you agree to be bound by these terms. Please read them carefully, as they contain important information about your rights and responsibilities.

These terms work together with our Privacy Policy and Terms of Service to establish a complete framework for our relationship with you. If you don't agree with any part of these terms, please don't use our website or services.

User Obligations and Responsibilities

When you use our website or engage our services, you accept certain responsibilities:

1. Legal Compliance

You agree to:

• Comply with all applicable local, state, national, and international laws and regulations
• Use our services only for lawful purposes and in accordance with these terms
• Not use our services in any way that violates any applicable regulation or law
• Ensure that any information you provide to us is accurate, complete, and truthful

2. Conduct Requirements

You agree not to:

• Use our services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Interfere with or disrupt our services or servers or networks connected to our services
• Attempt to gain unauthorized access to any portion of our website, other accounts, computer systems, or networks
• Use any automated means to access our services for any purpose without our express written permission

3. Content and Communication Guidelines

When communicating with us or providing information, you must:

• Provide accurate and complete information about yourself and your organization
• Update information promptly if it changes to ensure ongoing accuracy
• Maintain the confidentiality of any login credentials or access information
• Notify us immediately of any unauthorized use of your account or information

4. Age Requirements

Our services are intended for business use by adults. You must be at least 18 years old or the age of majority in your jurisdiction to use our services. By using our website or services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into binding agreements.

5. Privacy and Data Protection

You acknowledge and agree to:

• Our collection and use of your information as described in our Privacy Policy
• Respect the privacy and confidentiality of any information shared during our engagement
• Not attempt to access, collect, or compile information about other users

6. Third-Party Interactions

Your interactions with third-party services, advertisers, or other users found on or through our services are solely between you and such third parties. You agree that Cairn Path shall not be responsible or liable for any loss or damage incurred as a result of any such interactions or the presence of such third parties on our website.

Liability, Warranties, and Disclaimers

It's important to understand the limitations and disclaimers associated with our services:

1. Disclaimer of Warranties

Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties regarding the accuracy, reliability, or completeness of our services
• Warranties that our services will be uninterrupted, timely, secure, or error-free
• Warranties regarding specific business outcomes or results

We work diligently to provide quality services, but we cannot guarantee particular outcomes in the complex field of marketing strategy.

2. Limitation of Liability

To the maximum extent permitted by applicable law, Cairn Path and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Business interruption or procurement of substitute goods or services
• Damages arising from your use or inability to use our services

Our total liability shall not exceed the amount you paid us for services in the twelve months preceding the claim.

3. Consequential Damages

Under no circumstances shall Cairn Path be liable for any damages that result from your use of or inability to use our services, even if we have been advised of the possibility of such damages. This includes damages arising from errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, line failures, or any other technical problems.

4. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.

5. User Indemnification

You agree to defend, indemnify, and hold harmless Cairn Path and its affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use of and access to our services
• Your violation of any term of these Terms and Conditions
• Your violation of any third-party right, including any intellectual property or privacy right
• Any claim that your use of our services caused damage to a third party

Legal Framework and Dispute Resolution

Understanding the legal framework governing our relationship:

1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia.

2. Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to these terms or our services:

• You agree to first contact us to attempt to resolve the dispute informally
• If informal resolution is unsuccessful, both parties agree to participate in good faith mediation
• Only after exhausting these options may either party pursue formal legal proceedings
• Each party shall bear its own costs for dispute resolution unless otherwise agreed

3. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

4. Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

5. Assignment

You may not assign or transfer these Terms and Conditions or your rights hereunder, in whole or in part, without our prior written consent. We may assign these terms at any time without notice. Any attempted transfer or assignment in violation of this provision shall be null and void.

Modification of Terms

We reserve the right to modify or replace these Terms and Conditions at any time at our sole discretion. Changes will be effective immediately upon posting to our website unless otherwise stated. The "Last updated" date at the top of this page indicates when these terms were most recently revised.

If we make material changes to these terms, we will provide notice by prominently posting a notice on our website or, for active clients, by sending you an email. It is your responsibility to review these Terms and Conditions periodically for updates.

Your continued use of our services following the posting of revised Terms and Conditions means that you accept and agree to the changes. If you do not agree to the new terms, you must stop using our services.

Entire Agreement and Integration

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, Terms of Service, and any specific service agreements you enter into with us, constitute the entire agreement between you and Cairn Path concerning your use of our website and services.

These terms supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Cairn Path with respect to our services. No modification of these terms will be binding unless in writing and signed by an authorized representative of Cairn Path.

Survival of Terms

All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination of your access to our services does not release you from any obligations or liabilities that accrued prior to termination.