Terms & Conditions

By visiting our site and purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all site users, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, tools or products added to the current store or website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

Account and Eligibility

1. Account Creation and Maintenance

To use the Services, all users, regardless of their level of access or permissions, must register a user account (“User Account”) and agree to be bound by these Terms. By creating a User Account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you must have the consent of a parent or legal guardian to use the Services.

2. Security and Responsibility

You are responsible for maintaining the confidentiality of your login information and for all activities that occur under your User Account. You agree to notify us immediately of any unauthorized use of your account or any other breaches of security. We are not liable for any loss or damage arising from your failure to protect your account information.

3. Illegal or Unlawful Use of Services

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

4. Private Channels

PanOptic-Cloud is a platform for members to connect with each other through private channels. When you add a new connection, you also agree to be connected to their connection and live feed, expanding the ecosystem. You agree that members may view your information and live feed in the future unless you adjust your channel settings or disconnect from the channel.

5. False Information and Termination

Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, includingany damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for these reasons, you may not re-register for our Services.

Products and Services

1. General Terms

a. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

b. We have made every effort to display as accurately as possible the colours and images of our services that appear on the site. We cannot guarantee that your computer monitor’s or any other device’s display of any colour will be accurate.

c. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

d. We reserve the right to limit the quantities of any products or services we offer.

e. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

f. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

g. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

2. Modifications of Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

BILLING AND ACCOUNT INFORMATION

1. Right to Refuse

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

2. Purchase and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store or website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

3. Returns and Cancellations

You agree to our Returns and Cancellation policy provided here [hyperlink the policy]. In case of dispute between the Terms of Service and the Returns and Cancellation Policy, preference would be given to the terms of Returns and Cancellation Policy.

Customer Obligations and Acceptable Use

1. Lawful Use

As a condition of your use of the Services, you agree to use the Services only for lawful

purposes and to comply with these Terms, Privacy Policy, and all applicable laws and

regulations. You also agree to respect the privacy and secure information of other users of the Services.

2. Prohibited Actions

You agree not to, and shall not allow anyone else to, take any action or upload, download, post, submit, or otherwise distribute or facilitate the distribution of any Content, including without limitation your information on or through the Service that:

i. Includes anyone else’s identification documents or sensitive financial information.

ii. Infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other right of any other person or entity, or violates any law or contractual duty.

iii. Is false, misleading, untruthful, or inaccurate.

iv. Impersonates, intimidates, or harasses any person or entity, including any of our employees or representatives.

v. Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (“spamming”).

vi. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

vii. Violates any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

viii. Constitutes harassment, abuse, insult, harm, defame, slander, disparage, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.ix. Upload or transmits viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet

x. Collects or tracks the personal information of others.

xi. Interferes with or circumvents the security features of the Service or any related website, other websites, or the Internet.

xii. Solicits others to perform or participate in any unlawful acts.

xiii. Uses the Services or Products for any obscene or immoral purpose.

xiv. Infringes upon or violates our intellectual property rights or the intellectual property rights of others.

3. Compliance with Laws

You must comply with all applicable laws and regulations while using the Services. This includes laws regarding data privacy, intellectual property, and export control. Failure to comply with these laws may result in the suspension or termination of your account and access to the Services.

General Conditions and Disclaimers

1. Accuracy, Completeness, and Timeliness of Information

We do not warrant that the information available on this site is accurate, complete, or current. The material provided on this site is for general informational purposes only and should not be solely relied upon for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain historical information that is not current and is provided solely for your reference. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information. It is your responsibility to monitor changes to our site.

2. No Professional Advice

The content on this site should not be construed as professional advice. Always seek the advice of qualified professionals with any questions you may have regarding a specific issue.

3. User Responsibility

Users are responsible for verifying the accuracy and suitability of the information before relying on it. This includes seeking updated information directly from original sources and consulting with appropriate professionals when needed.

4. Errors, Inaccuracies, and Omissions

Occasionally, our site or Service may contain typographical errors, inaccuracies, or omissions regarding service descriptions, pricing, promotions, offers, service shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information or cancel orders if any

information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We are under no obligation to update, amend, or clarify information in the Service or on

any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

5. Service Refusal and Content Transmission

We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve:

(a) Transmissions over various networks; and

(b) Modifications to conform and adapt to the technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks to ensure security.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, the use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Additionally, we reserve the right to monitor your use of the Service to ensure compliance with these Terms and to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion if we believe that your conduct violates these Terms, applicable law, or is harmful to our interests or the interests of other users.

Intellectual Property and Your License Rights

1. Ownership

All rights, title, and interest in the Services are solely and exclusively owned by or licensed

to PanOptic-Cloud. The Services are protected by copyright, trademark, and other laws of

Australia and other foreign jurisdictions. You acknowledge that the Services contain

proprietary and confidential information that is protected by applicable intellectual

property and other laws.

2. Limited License

Subject to your compliance with these Terms, you are granted a limited, non-exclusive,

non-transferable, non-sublicensable, fully revocable license to access and use the Services

for the sole purpose of creating, managing, and operating your account. This license is granted for the duration of your subscription to the Services and will terminate upon the termination of your subscription.

3. Restrictions

You may not:

i. Copy, modify, distribute, sell, or lease any part of the Services or included software.

ii. Reverse engineer or attempt to extract the source code of any software included in the Services, unless laws prohibit these restrictions or you have our written permission.

iii. Use the Services to build a competitive product or service or for any competitive analysis.

iv. Remove, obscure, or alter any legal notices displayed in or along with our Services.

Optional Tools and Third Party Links

1. Third-Party Tools and Services

We may provide you with access to third-party tools over which we neither monitor nor exercise any control or input.

You acknowledge and agree that any access to such tools is provided “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

In the future, we may also offer new services and/or features through the website, including the release of new tools and resources. Such new features and/or services will also be subject to these Terms of Service.

2. Integration with Third-Party Services

We may integrate our services with third-party services (e.g., payment processors, authentication services). Your use of these third-party services is governed by theirrespective terms of use and privacy policies. We do not assume any responsibility or liability for any third-party services or the manner in which they use your data.

3. Endorsements and Testimonials

We may feature third-party endorsements and testimonials on our website. These endorsements and testimonials do not represent our opinions or views, nor do they constitute an endorsement of any products or services mentioned. We make no guarantees as to the accuracy or reliability of any statements made in these endorsements or testimonials.

4. Modification and Discontinuation of Services

We reserve the right to modify, suspend, or discontinue any part of our Service, including third-party tools and features, at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of any part of our Service.

5. Third-Party Content and Links

Our Service may include content, products, and services from third parties.

Links to third-party websites on this site are provided solely for your convenience. These websites are not affiliated with us, and we do not endorse or assume any responsibility for their content, accuracy, or practices. We do not warrant, and shall not have any liability or responsibility for, any third-party materials, websites, products, or services.

We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted through third-party websites. We strongly recommend that you carefully review the third party’s policies and practices before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

6. Third-Party Liability

We shall not be held liable for any damages or losses incurred as a result of interactions with third-party websites or services, including but not limited to transactions, data breaches, or privacy issues.

User Generated Content

1. Submission and Use of Comments, Feedback, and Other Submissions

If you send specific submissions at our request (for example, contest entries) or submit creative ideas, suggestions, proposals, plans, or other materials without a request from us (collectively, ‘comments’), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and use in any medium any comments you forward to us. We are under no obligation to:

a. Maintain any comments in confidence;

b. Pay compensation for any comments; or

c. Respond to any comments.

2. Monitoring and Removal of Content

We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service. You acknowledge that we do not undertake any liability for any content posted by you or any third party.

3. User Responsibilities

By submitting comments, you agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your comments must not contain libelous or otherwise unlawful, abusive, or obscene material, nor any computer virus or other malware that couldaffect the operation of the Service or any related website. You may not use a false email address, impersonate anyone, or mislead us or third parties regarding the origin of any comments. You are solely responsible for any comments you make and their accuracy.

Limitation of Liability

1. Service Availability

We do not guarantee that the Services will be available at all times, error-free, or without interruptions. Service availability is subject to change without notice.

2. Results Liability

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

3. Indemnification

You agree to indemnify, defend, and hold harmless PanOptic-Cloud, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, expenses, and costs, including without limitation reasonable attorneys’ fees and court costs, arising out of or relating to any violation of these Terms or any activity related to the use of the Services (including negligent or wrongful conduct) by you or any other person accessing the Services through your User Account.

4. Limitation of Liability

Under no circumstances shall Panoptic-Cloud, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether arising from a contractual obligation, tort (including negligence), strict liability, or any other legal theory. Such liability limitations apply to any claims related to your use of the service or anyproducts procured through the service, including, but not limited to, errors or omissions in any content, or any loss or damage incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Certain jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law. Furthermore, nothing in these terms excludes or limits our liability for death or personal injury resulting from our negligence or fraud, as well as any other liability that cannot be excluded or limited under applicable law.

5. Disclaimer of Warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, PanOptic-Cloud disclaims all warranties of any kind, whether express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, durability, and non-infringement. Pan-Optic Cloud does not make any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted.

General Terms

1. Modification of Terms

PanOptic-Cloud reserves the right, at its sole discretion, to modify or replace these Terms at any time. It is your responsibility to check our website periodically for changes. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

2. Termination

We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish toterminate these Terms or your User Account, you may simply discontinue using the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

3. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia and Federal Laws of Australia, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in a court of competent jurisdiction located in Queensland, Australia.

4. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by PanOptic-Cloud on the Services, shall constitute the entire agreement between you and PanOptic-Cloud concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

5. Waiver and Severability

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

6. Contact Information

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

info@panopticcloud.com