Leaf Mountain Tree
Terms of the Use

Welcome to our website. We encourage your to browse our website, check out our services and ask any questions.

These terms and conditions govern our relationship with you in regard to your use of our website. If you purchase our services, those services will be subejct to an additional

1.

Website

In these terms, we will refer to you as “you” or “Customer”.

2.

Terms of Use

By using this website you acknowledge and agree that you have read and understood these Terms of Use for the use of this website and that these Terms of Use apply exclusively to your accessing and using this website.

We may need to vary these terms from time to time for various reasons, including changes in law, new technology or changes to UpMind internal policies. We will endeavor to These Terms of Use may be varied by UpMind from time to time by UpMind amending these Terms of Use as they appear on this website.

3.

Priority

If any content of the website is inconsistent with these Terms of Use, the Terms of Use will prevail over this website.

4.

Errors

Mistakes happen. We take reasonable precautions but sometimes goods and services may be listed with incorrect information due to human errors, data corruption or other causes. We are not responsible for such events.

5.

Intellectual Property

The information on this website, including trade marks, copyright, designs, text, graphics and all other intellectual property rights (“material”), belongs to UpMind. Other trademarks may be displayed on our website from time to time which may belong to third parties. Nothing displayed on the website grants any licence or right of use of any logo, trademark or other intellectual property, without the express written permission of the relevant owner. Any material which is copyright is subject to the conditions prescribed under the, Copyright Act 1968 (Cth).

You must not:

(a)

adapt, reproduce, distribute, display, perform, publish or create derivative works of any material from this website; or

(b)

commercialise any information, products or services obtained from any part of this website,

without the prior written consent of UpMind.

You May:

(a)

temporarily store UpMind material for your personal (non-commercial) purposes, create links to the UpMind website or use the UpMind name when referring to our website, our products or our services; or

(b)

use or create copies of our material which is not a registered trade mark or design in any jurisdiction or copyright in any jurisdiction provided that you first obtain our written approval (which may be provided with or without conditions),

You are not permitted to use the trade marks, designs, copyright or other intellectual property rights of UpMind unless we first give you our written consent.

6.

Restricted Use

You must not attempt to change, remove, deface, hack or otherwise interfere with this website or any material on this website.

9.

Cookies and Privacy Policy

This website uses software known as ‘cookies' to record your visit to the website and collect information which may be used to administer and improve our website and our business. Information we may collect includes your server address, the type of operating system you use, your top level domain name, the date and time of access to the website, pages accessed and documents downloaded, whether you have visited the website before and the type of browser software in use.

You may set your web browser to disable cookies when visiting our website. However, some website functions may be unavailable if you choose to do so.

Collection of information which is personal information is subject to the UpMind Privacy Policy which can be accessed from this website.

10.

Indemnity

The Customer agrees to indemnify and keep UpMind fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which UpMind may suffer or incur arising in any way in connection with your use of this website or a breach by the Customer of these Terms of Use.

12.

Miscellaneous

The failure of UpMind to enforce or exercise at any time or for any period of time any term of any contract incorporating these Terms of Use shall not constitute or be construed as a waiver of such term and shall in no way affect UpMind 's right thereafter to enforce or exercise same.

Any provision of these Terms of Use which is or becomes prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective and severed to the extent thereof without invalidating any other provision of these Terms of Use, and any such prohibition or unenforceability shall not invalidate such provision in any other jurisdiction.

These Terms of Use and any contract entered into between UpMind and the Customer shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and the Customer hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia and of any Courts which may hear appeals therefrom; provided however that these Terms of Use may be enforced by UpMind against the Customer in any other jurisdiction.

UpMind”, “we” and “our” means Gilkat Pty. Ltd. ACN 060 565 451, trading as “UpMind”.