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Terms of Service

The terms and conditions governing our services and website usage

Last updated: December 15, 2024 Effective date: December 15, 2024

These Terms of Service ("Terms") govern your use of the Learn Orbit website and services provided by Learn Orbit Pty Ltd (ABN: 12 345 678 901) ("Learn Orbit", "we", "our", or "us"). By accessing or using our services, you agree to be bound by these Terms.

Table of Contents

  1. Acceptance of Terms
  2. Our Services
  3. Eligibility
  4. User Accounts
  5. Prohibited Uses
  6. Intellectual Property
  7. Service Availability
  8. Pricing and Payment
  9. Warranties and Disclaimers
  10. Limitation of Liability
  11. Indemnification
  12. Termination
  13. Governing Law
  14. Dispute Resolution
  15. Modifications
  16. Contact Information

1. Acceptance of Terms

By accessing or using our website (learn-orbit.com) or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms, you must not access or use our services.

These Terms constitute a legally binding agreement between you and Learn Orbit.

2. Our Services

Learn Orbit provides arcade gaming solutions including:

  • Arcade machine installation and setup
  • Custom gaming system design and development
  • Gaming consultation services
  • Maintenance and technical support
  • Website content and resources
  • Newsletter and marketing communications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Eligibility

To use our services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding agreements
  • Not be prohibited from using our services under Australian law
  • Provide accurate and truthful information

If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

4. User Accounts

When creating an account or subscribing to our services, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as necessary
  • Keep your account credentials secure and confidential
  • Notify us immediately of any unauthorized use
  • Accept responsibility for all activities under your account

You may not create multiple accounts or share your account with others.

5. Prohibited Uses

You may not use our services to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful, offensive, or inappropriate content
  • Interfere with the operation of our services
  • Attempt to gain unauthorized access to our systems
  • Use automated tools to access our website (without permission)
  • Engage in fraudulent or deceptive practices
  • Compete directly with our business using our resources

6. Intellectual Property

All content on our website and in our services, including but not limited to text, graphics, logos, images, software, and designs, is the property of Learn Orbit or our licensors and is protected by:

  • Copyright laws
  • Trademark laws
  • Trade secret laws
  • Other intellectual property rights

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our services for your personal or business purposes in accordance with these Terms.

User Content

Any content you submit to us (feedback, suggestions, etc.) may be used by Learn Orbit without restriction or compensation to you.

7. Service Availability

We strive to maintain high service availability, but we cannot guarantee that our services will be:

  • Available 100% of the time
  • Free from interruptions or errors
  • Compatible with all devices or software
  • Secure from all threats or vulnerabilities

We reserve the right to perform maintenance, updates, and improvements that may temporarily affect service availability.

8. Pricing and Payment

For paid services:

Pricing

  • All prices are in Australian Dollars (AUD) unless specified otherwise
  • Prices include GST where applicable
  • Prices may change with reasonable notice
  • Custom quotes are valid for 30 days unless specified otherwise

Payment Terms

  • Payment is due as specified in your service agreement
  • Late payments may incur additional charges
  • We accept payment methods as specified on our website
  • You are responsible for all applicable taxes

Refunds

Refunds are provided in accordance with Australian Consumer Law and our specific service agreements.

9. Warranties and Disclaimers

Consumer Guarantees

Under Australian Consumer Law, our services come with guarantees that cannot be excluded. For major failures with the service, you are entitled to cancel your service contract and obtain a refund or obtain compensation for the drop in value below the price paid.

Disclaimers

To the maximum extent permitted by law:

  • Our services are provided "as is" and "as available"
  • We disclaim all warranties not required by law
  • We do not warrant that our services will meet your specific requirements
  • We are not responsible for third-party products or services

10. Limitation of Liability

To the maximum extent permitted by Australian law:

  • Our total liability for any claim is limited to the amount you paid for the specific service in the 12 months preceding the claim
  • We are not liable for indirect, incidental, or consequential damages
  • We are not liable for loss of profits, data, or business opportunities
  • Nothing in these Terms excludes liability that cannot be excluded under Australian law

11. Indemnification

You agree to indemnify and hold harmless Learn Orbit, its directors, employees, and agents from any claims, damages, or expenses arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit

12. Termination

Termination by You

You may terminate your use of our services at any time by:

  • Discontinuing use of our website
  • Unsubscribing from our communications
  • Requesting account closure

Termination by Us

We may terminate or suspend your access to our services for:

  • Violation of these Terms
  • Illegal or harmful conduct
  • Non-payment of fees
  • Business closure or service discontinuation

Effect of Termination

Upon termination, your right to use our services ceases immediately, but provisions regarding intellectual property, liability, and dispute resolution survive.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

You agree that any legal action or proceeding relating to these Terms will be brought exclusively in the courts of New South Wales, Australia.

14. Dispute Resolution

Before initiating legal proceedings, we encourage you to contact us to resolve any disputes informally.

Mediation

If informal resolution is unsuccessful, we agree to participate in mediation through a recognized mediation service in Sydney, Australia.

Consumer Rights

Nothing in this section affects your rights under Australian Consumer Law or other applicable consumer protection legislation.

15. Modifications

We may modify these Terms at any time by:

  • Posting updated Terms on our website
  • Updating the "Last modified" date
  • Providing notice of significant changes

Your continued use of our services after changes constitutes acceptance of the modified Terms.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

Legal Department

Learn Orbit Pty Ltd
Level 12, 345 George Street
Sydney, NSW 2000
Australia

Email

[email protected]

Phone

+61 2 9555 0123

Acknowledgment

By using our services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.

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