Terms and Conditions (T&C)

Rocketeers Consultation Group (RCG)

These terms and conditions form a contract between Client, including its agents, affiliates, and employees (hereinafter “User” or “you” or “your”) and ROCKETEERS CONSULTATION GROUP (“RCG”) having its registered office located at 765, PENNANT HILLS ROAD, CARLINGFORD SYDNEY, NSW, AUSTRALIA [https://rocketeers.com.au/] (referred to as "we", "us", “our” and “Company” in this document) that governs your access and use of the website and our services including web development, app development, digital marketing, AI,  and consultation services (collectively as the “Services”). Please read these Terms carefully. It is a legally binding agreement between you and Company. By your use of our website, you agree to comply with all of the terms and conditions set out in this document. 

You acknowledge that you have read, understand and agree to these terms. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS ARE A LEGAL CONTRACT BETWEEN YOU AND COMPANY.

  1. ELIGIBILITY: User must be at least Eighteen (18) years of age. User represents and warrants that (i) User have the right and authority to enter into this Agreement; and (ii) he/she abides all of the terms and conditions of this document.

  2. UPDATES: We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. The User's continued use of services will constitute binding acceptance of such modifications.

  3. OTHER DOCUMENTS: In addition to these T&C, use of rocketeers.com.au is also governed by the following documents: (i) Our Privacy Policy; (ii) Our Software License Agreement; and (iii) our GDPR policy.

  4. OUR SERVICES: We provide web development, app development, digital marketing, AI, and consultation services to the Clients. We consider our business model the best way to offer valuable services to our users. Subject to the terms and conditions of this Agreement, users are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use our website and Services for their personal and commercial use and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service. We may terminate this license at any time for any reason or no reason.

  5. LICENSE: Our website and all materials including designs, icons, photographs, video clips, and written text that appear as part of this Site are protected by copyright, trade secret, and other intellectual property laws. Your use of our website is based on the license of Company’s Intellectual Property to you. Company grants you a limited, non-transferable license to access its website and related services in accordance with these T&C.

  6. RIGHTS OF COMPANY: The Company provides the services solely on an “AS IS” basis and disclaims all warranties and liability for your use of the website and related services. Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the website, features, look, feel, related content and services.

  7. PRIVACY: We are committed to protecting your personal information and ensuring its privacy, accuracy and security. Please read our Privacy Policy for more details.

  8. USER OBLIGATIONS

    1. 8.1 Specific Obligations: If you purchase any of our services; you represent, warrant, and covenant that:
      1. COPYRIGHT: Ownership of all intellectual property rights, including all copyright, trademarks, designs and patents whether registered or unregistered, and all other intellectual property rights and goodwill relating to the company’s material(s) will remain with the Company unless otherwise transferred to you via written agreement;

      2. NO ALTERATION: You will not copy, record, edit or alter or otherwise interfere with the services provided by the Company. This shall include without limitation, not removing, editing or otherwise interfering with (or attempting to remove, edit or otherwise interfere with) any names, marks, logos or branding provided by the Company;

      3. OFFENSIVE MATERIAL: You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;

      4. You will not (or attempt to) interfere with or disrupt the proper operation of the Company’s services; and

      5. Your right to access and use the services may not be assigned, transferred or sublicensed by you.

    1. 8.2 General Obligations: You represent, warrant, and covenant that:
      1. You will comply with these terms, including our Privacy and GDPR Policy, and all applicable laws and regulations;

      2. You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Website’s Content and/or our Services or operations thereof, except as permitted in these terms;

      3. You will not use our services for any illegal purpose; and

      4. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the website, our services or operation thereof; and

      5. You will not use scrape, spider, robot or other automated means of any kind.

  1. YOUR ACCOUNT: You are responsible for maintaining the confidentiality of your login and password of RCG Client Portal and for restricting access to your computer system, and you agree to accept responsibility for all activities that occur under your login or password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, We shall have the right to indefinitely suspend or terminate or block access of your IP on the Website and refuse to provide You with access to the Website. User agrees to notify Company immediately of any unauthorized use of his login information. Company shall not be liable for any unauthorized use of User Login on client portal.

  2. FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS: All services via our website are offered with the full amount due before completion of the work. You will be responsible for and shall indemnify us with respect to any and all charge-backs. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors partner- Stripe) in order to utilize such Services. We have no responsibility for or control over the information collected by third party service provider and we cannot be responsible for the protection and privacy of any information which you may provide to such third party service provider. In addition, by making use of this website, you hereby acknowledge and consent that we may share some information and data with whom we have a contractual relationship to provide the requested service

  3. DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

    COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL PROVIDED TO YOU. COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.

  4. LIMITATION OF LIABILITY: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR’ SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.

    IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.

  5. INTELLECTUAL PROPERTY: Company reserves all rights in the Intellectual Property not expressly granted to User. For purposes of this document, “Intellectual Property” shall mean (a) methodology for the provision of Services; and (b) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, content and materials. Company hereby retains all worldwide right, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by Company. You acknowledge that all right, title and interest to the Intellectual Property is owned by Company.

  6. REMEDIES: In the event of a breach of this agreement by a Party or its direct or indirect employees, consultants, or representatives, the other Party may suffer irreparable damage for which monetary relief may be inadequate. Accordingly, in addition to any other remedies available to it, the other Party shall be entitled to equitable relief, including specific performance and other injunctive relief, without the necessity of posting a bond.

  7. WAIVER: Waiver by a party of any particular default by the other party shall not affect or impact such party's rights in respect to any subsequent default of the same or of a different nature, nor shall any delay or omission of such party to exercise any rights arising from such default affect or impair such party's rights as to such default or any subsequent default.

  8. FORCE MAJEURE: Each party shall be released from and shall have no liability for any failure beyond its reasonable control, including, but not limited to, acts of God, labor troubles, strikes, lockouts, severe weather, delay or default of utilities or communications companies or accidents.

  9. ARBITRATION: In the event of disputes: (a) All disputes arising from the interpretation and/or execution of/or in-connection with this Agreement shall be settled through friendly consultation between both Parties. In case no settlement can be reached, the disputes shall be submitted for arbitration. (b) The parties hereto shall choose a common single arbitrator and place of arbitration shall be NSW, Australia. The findings and award of arbitrator shall be final and binding on the parties hereto.

  10. GOVERNING LAW: This Agreement shall be governed by and interpreted and enforced in accordance with the laws of NSW, Australia, without regard to the conflict of law provisions thereof. Any dispute arising under this Agreement shall be settled by arbitration.

  11. INDEMNIFICATION: You agree to defend, indemnify and hold Company and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website or the Services.

  12. ENTIRE AGREEMENT: These terms and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and the Company. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally.

  13. SEVERABILITY: This agreement is binding for the benefit of and upon the parties hereto, their heirs, assigns, legal representatives and successors. If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

  14. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]
    If you have questions in relation to our use of these technologies you can contact us at:

ROCKETEERS CONSULTATION GROUP (“RCG”)
Address: 765, Pennant Hills Road, Carlingford Sydney, NSW, Australia
Email: Support@rocketeers.com.au
Contact: 0402136726

Changelog

Date

Description of Change

Changed By:

28/07/2020 Review and Amendment of current terms and conditions RCG Admin
31/10/2020 Review and Amendment of current terms and conditions RCG Admin
17/11/2020 Review and Amendment of current terms and conditions to include user account and third party section; I.e. Section 9 & 10. RCG Admin