WEBSITE TERMS OF SERVICE

DATE OF REVISION: February 2022 READING TIME: 25 Minutes

 

If you require assistance with our Service or desire to provide us with feedback regarding accessibility or functionality, please contact us by emailing hello@deanhomicki.design.

WEBSITE TERMS OF SERVICE

Date of Last Revision: 1st February 2022

Policy Version: Version 1.0

Reading Time: 25 Minutes


1.0 Welcome to Dean Homick Pty Ltd


1.1 Introduction:

Dean Homicki Pty Ltd, ("Dean Homicki Pty Ltd," "we," "us," "our") provides its services (described below) to you through its website located at https://deanhomicki.design (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (the "Terms of Service"). 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 9 (DISPUTES AND RESOLUTIONS WITH US), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.


1.2 This Notice explains:

2.0 Access and Use of the Service

3.0 Conditions of Use

4.0 Intellectual Property Rights

5.0 Third-Party Websites

6.0 Indemnity and Release

7.0 Disclaimer of Warranties

8.0 Limitation of Liability

9.0 Disputes and Resolutions with Us

10.0 Termination

11.0 Disputes Between Users

12.0 The Entire Agreement

13.0 Contact Us

14.0 Other Polices

1.3 Modifications to Terms of Service:

At our sole discretion, we reserve the right to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing the Services' new functions or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. When using particular Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

1.4 Privacy:

At Dean Homicki Pty Ltd, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.


2. Access and Use of the Service

2.1 Use Description:

The Dean Homicki Pty Ltd service, and any content viewed through our Service, is for your personal and commercial use. With your Dean Homicki Pty Ltd purchase, we grant you a limited, non-exclusive, non-transferable, license to access the Dean Homicki Pty Ltd content and view your course(s) through the Service on a streaming-only basis for that purpose.

Except for the foregoing limited license, no right, title, or interest shall be transferred to you. 

You agree not to use the Service for public performances. 

Dean Homicki Pty Ltd may revoke your license at any time at its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Service, as well as copies of such materials, whether made under these Terms of Service or otherwise.

2.2 Your Registration Obligations:

You may be required to register with Dean Homicki Pty Ltd to access and use certain Service features. If you choose to register for the Service, you agree to provide and maintain correct, accurate, current and complete information about yourself as prompted by the Service's registration form. Our Privacy Policy governs registration data and certain other information about you. If you are under 13 years of age, you are not authorised to use the Service, with or without registering. Also, if you are under 18 years old, you may use the Service, with or without registering, only with your parent or guardian's approval.

2.3 Member Account, Password and Security:

You may never use another's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. 

You agree to: immediately notify Dean Homicki Pty Ltd of any unauthorised use of your password or account or any other breach of security, and, ensure that you exit from your account at the end of each session when accessing the Service. 

Dean Homicki Pty Ltd will not be liable for any loss or damage arising from your failure to comply with this Section.

2.4 Modifications to Service:

Dean Homicki Pty Ltd reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dean Homicki Pty Ltd will not be liable to you or any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any time beyond what may be required by applicable law.

2.5 General Practices Regarding Use and Storage:

You acknowledge that Dean Homicki Pty Ltd may establish general practices and limits concerning the Service's use, including without limitation the maximum time that data or other content will be retained by the Service and the full storage space that will be allotted on Dean Homicki Pty Ltd's servers on your behalf. You agree that Dean Homicki Pty Ltd has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Dean Homicki Pty Ltd reserves the right to terminate accounts inactive for an extended time. You further acknowledge that Dean Homicki Pty Ltd reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2.6 Mobile Services:


The Service may include certain services that are available via a mobile device, including 

  • the ability to upload content to the Service via a mobile device, 

  • the ability to browse the Service and the Site from a mobile device and, 

  • the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). 

To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. Also, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier. Not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) whom we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using auto-dialled or prerecorded calls and text messages, as authorised by us to carry out the purposes we have identified above, and not for their purposes. If you change or deactivate your mobile telephone number, you agree to promptly update your Dean Homicki Pty Ltd account information to ensure that your messages are not sent to the person that acquires your old number.

2.7 Money Back Guarantee:

Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as outlined in the refund policy applicable to any Service you purchase through a third-party marketplace (see Section 3.3 below), should you become dissatisfied with the Service within the first 14 days after purchase, Dean Homicki Pty Ltd will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers 14 days after purchase. Refunds are not available for accounts that have violated Service's terms; violations are determined at Dean Homicki Pty Ltd's sole discretion. If Dean Homicki Pty Ltd determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. 

To request a refund or ask a question regarding the 14-day money-back guarantee, email Support at hello@deanhomicki.design.


3. Conditions of Use

3.1 User Conduct:

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. 

Dean Homicki Pty Ltd reserves the right to investigate and take appropriate legal action against anyone in Dean Homicki Pty Ltd's sole discretion, violates this provision, including without limitation removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. 

You agree to not use the Service to:

email or otherwise upload any content that infringes any intellectual property or other proprietary rights of any party; you do not have a right to upload under any law or under contractual or fiduciary relationships; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; poses or creates a privacy or security risk to any person; constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or in the sole judgment of Dean Homicki Pty Ltd, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Dean Homicki Pty Ltd or its users to any harm or liability of any type; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely State or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not explicitly authorised; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

3.2 Fees and Taxes:

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Dean Homicki Pty Ltd information regarding your credit card or other payment instruments. 

You represent and warrant to Dean Homicki Pty Ltd that such information is accurate and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

You agree to pay Dean Homicki Pty Ltd the amount specified in the payment plan (as well as any applicable taxes) under the terms of such plan and this Terms of Service. You hereby authorise Dean Homicki Pty Ltd to bill your payment instrument under the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account. You further agree to pay any charges so incurred. If you dispute any charges, you must let Dean Homicki Pty Ltd know within sixty (60) days after the date that Dean Homicki Pty Ltd charges you. 

We reserve the right to change Dean Homicki Pty Ltd's prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the revised amount. 

You shall be responsible for all taxes associated with the Services. To the extent that any supply made under or in connection with this agreement is a taxable supply, the consideration for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of that supply. For this term, GST means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 and words used in this term that have a defined meaning in that Act have the same meaning in this term unless the context requires otherwise.

3.3 Recurring Subscriptions:

If you select a Service with an auto-renewal feature ("Recurring Subscription"), you authorise  Dean Homicki Pty Ltd to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. 

If Dean Homicki Pty Ltd is unable to charge your account as authorised by you when you enrolled in a Recurring Subscription, Dean Homicki Pty Ltd may, in its sole discretion: bill you for your Service and suspend your access to the Service until payment is received and/or (seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorised by you.

Dean Homicki Pty Ltd may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. 

Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the price change date. As permitted by local law, you accept the new price by using your Recurring Subscription after the price change takes effect. If you disagree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please, therefore, make sure you read any such notification of price changes carefully.

Payments are nonrefundable, and there are no refunds or credits for partially used periods. 

You may cancel a Recurring Subscription at any time. Still, if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. 

Following any cancellation, however, you will continue to have access to the Service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits and the decision to provide them are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future under any circumstance.

If you subscribed on our Service, you can cancel by contacting Support by email at hello@deanhomicki.design or by going to Settings in your account, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel your subscription.

3.4 Special Notice for International Use; Export Controls:

Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to Australian export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of Australian export laws. Downloading or using the software is at your sole risk. Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including online conduct and acceptable content.

3.5 Commercial Use:

Unless otherwise expressly authorised herein or by Dean Homicki Pty Ltd in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.


4. Intellectual Property Rights

4.1 Service Content, Software and Trademarks:

You acknowledge and agree that the Service may contain content or features ("Service Content") protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Dean Homicki Pty Ltd, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the previous does not apply to your User Content (as defined below) that you legally upload to the Service. In connection with your service use, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. 

If Dean Homicki Pty Ltd blocks you from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Dean Homicki Pty Ltd, our affiliates and our partners (the "Software"). 

You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software. Any rights not expressly granted herein are reserved by Dean Homicki Pty Ltd.

The Dean Homicki Pty Ltd name and logos are trademarks and service marks of Dean Homicki Pty Ltd (collectively the "Dean Homicki Pty Ltd Trademarks"). Other Dean Homicki Pty Ltd, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Dean Homicki Pty Ltd. 

Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Dean Homicki Pty Ltd Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Dean Homicki Pty Ltd Trademarks will inure to our exclusive benefit.

4.2 Third-Party Material:

Under no circumstances will Dean Homicki Pty Ltd be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Dean Homicki Pty Ltd does not pre-screen content but that Dean Homicki Pty Ltd and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. 

Without limiting the foregoing, Dean Homicki Pty Ltd and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Dean Homicki Pty Ltd, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate and bear all risks associated with using any content, including any reliance on the accuracy, completeness, or usefulness of such content.

4.3 User Content Transmitted:

Through the Service: Concerning the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. 

By uploading any User Content you hereby grant and will grant Dean Homicki Pty Ltd, its affiliated companies and partners (including but not limited to Dean Homicki Pty Ltd instructors, practitioners and other third parties providing instructional information through the Services, collectively "partners") a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service ("Submissions") provided by you to Dean Homicki Pty Ltd, its affiliated companies or partners are non-confidential, and Dean Homicki Pty Ltd, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Dean Homicki Pty Ltd may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

  • Comply with legal process, applicable laws or government requests.

  • Enforce these Terms of Service.

  • Respond to claims that any content violates the rights of third parties.

  • Protect the rights, property, or personal safety of Dean Homicki Pty Ltd, its users and the public.

  • You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

4.4 Copyright Complaints:

Dean Homicki Pty Ltd respects others' intellectual property, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify Dean Homicki Pty Ltd of your infringement claim under the procedure set forth below.

You may also contact us by mail at:

  • Dean Homicki Pty Ltd

    PO BOX 216

    Soldiers Hill, Victoria

    Australia, 3350


For the Copyright Complaints to be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.

4.5 Counter-Notice:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: 

  • your physical or electronic signature; 

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 

  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 

  • your name, 

  • address, 

  • telephone number, and 

  • email address, 

  • a statement that you consent to the jurisdiction of the federal court located within Australia and a statement that you will accept service of the process from the person who provided notification of the alleged infringement.

If the Copyright Agent receives a counter-notice, Dean Homicki Pty Ltd will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice at our sole discretion.

4.6 Repeat Infringer Policy:

In accordance with the Australian Intellectual Property Law and/or other applicable law, Dean Homicki Pty Ltd has adopted a policy of terminating, in appropriate circumstances and at Dean Homicki Pty Ltd's sole discretion, users who are deemed to be repeat infringers. Dean Homicki Pty Ltd may also, at its exclusive discretion, limit access to the Service and/or terminate the memberships of any users who infringe on others' intellectual property rights, whether or not there is any repeat infringement.

5. Third-Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Dean Homicki Pty Ltd has no control over such sites and resources, and Dean Homicki Pty Ltd is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that  Dean Homicki Pty Ltd will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third-party, and you agree that Dean Homicki Pty Ltd is not liable for any loss or claim that you may have against any such third party.


6. Indemnity and Release


6.1 You Agree to Release and Indemnify The Service

To the fullest extent permitted by law, you agree to release, indemnify and hold Dean Homicki Pty Ltd and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. 

7. Disclaimer of Warranties


7.1 Your Use of The Service

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Dean Homicki Pty Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Dean Homicki Pty Ltd MAKES NO WARRANTY THAT: 

  • THE SERVICE WILL MEET YOUR REQUIREMENTS, 

  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR 

  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

8. Limitation of Liability

8.1 Limitation of Liability of Your Use of The Service:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, Dean Homicki Pty Ltd WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Dean Homicki Pty Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: 

THE USE OR THE INABILITY TO USE THE SERVICE; 

  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

  • UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR 

  • ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Dean Homicki Pty Ltd's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Dean Homicki Pty Ltd IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

9. Disputes and Resolutions with Us


9.1 Disputes

If you have any dispute with Us, you agree that before taking any formal action, you will contact us by supplying notice of such too: 

  • Dean Homicki Pty Ltd

    PO BOX 216

    Soldiers Hill, Victoria

    Australia, 3350

or by emailing

  • hello@deanhomicki.design, and provide a brief, written description of the dispute and your contact information (including your username if your dispute relates to an account). 

Except for intellectual property and small claims court matters, the parties agree to use their best efforts to settle any dispute, claim, question or disagreement directly through consultation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

9.2 Arbitration

At Our sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of Dean Homicki Pty Ltd Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of Victorian Civil and Administrative Act (VCAT) applying Victorian State law.

9.3 Governing Law and Jurisdiction

All matters relating to this Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Victoria without giving effect to any choice or conflict of law provision or rule (whether of the State of Victoria or any other jurisdiction). 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service shall be instituted exclusively in Australia's federal courts or the courts of the State of Victoria in Australia, in each case located in the City of Ballarat. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your State of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

9.4 Waiver and Severability

No waiver by the Us of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such Term or Service or a waiver of any other Term or Condition. Any failure of Us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. 

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND Dean Homicki Pty Ltd REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.


10. Termination

10.1 Suspension or Termination of Service

You agree that Dean Homicki Pty Ltd, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Dean Homicki Pty Ltd believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. 

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your Service use may be referred to appropriate law enforcement authorities. Dean Homicki Pty Ltd may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. 

You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Dean Homicki Pty Ltd may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. 

Further, you agree that  Dean Homicki Pty Ltd will not be liable to you or any third-party for any termination of your access to the Service.

11. Disputes Between Users

11.1 Disputes with Any Other User Connected with The Service:

  • You agree that you are solely responsible for your interactions with any other user connected with the Service, and Dean Homicki Pty Ltd will have no liability or responsibility with respect thereto. Dean Homicki Pty Ltd reserves the right but has no obligation to become involved in any way with disputes between you and any other user of the Service.

12. The Entire Agreement

12.1 You, The Service and  Dean Homicki Pty Ltd

These Terms of Service constitute the entire agreement between you and Dean Homicki Pty Ltd. They govern your use of the Service, superseding any prior agreements between you and Dean Homicki Pty Ltd with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third party software. These Terms of Service will be governed by the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as outlined in Section 9 above, you and Dean Homicki Pty Ltd agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Victoria, Australia. The failure of Dean Homicki Pty Ltd to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Dean Homicki Pty Ltd, but Dean Homicki Pty Ltd may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are convenient only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall Dean Homicki Pty Ltd be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.


13.0 Contact us

Please feel welcome to contact us if you have any questions about Dean Homicki Pty Ltd 'Terms of Service' and the use of the Service.


You may contact us by mail at:

  • Dean Homicki Pty Ltd
    PO BOX 216
    Soldiers Hill, Victoria
    Australia, 3350

or, you may also contact us by email at:

14.0 Other Polices

You can view our other Site Policies, such as Dean Homicki Pty Ltd Privacy Policy and our Cookies Policy. Please contact our hello@deanhomicki.design if you require any additional information about our Site Policies.