1. Eligibility
You must be at least 16 years of age to use the Site. By using the Site, you confirm you are 16 or older, or that you are using the Site under the supervision of a parent or guardian who has agreed to these Terms of Use on your behalf.
2. Site Operator
The Site is owned and operated by Michael Rasile, sole trader, trading as Superbrand, ABN 71 856 046 894, of 2 Joffre Rd, Pascoe Vale, Melbourne VIC.
3. Licence to Use the Site
We grant you a non-exclusive, non-transferable, revocable licence to access and use the Site for your own personal or internal business use, subject to these Terms of Use.
4. Acceptable Use
You agree to use the Site only for lawful purposes and in compliance with these Terms. You agree not to:
Use the Site in any way that breaches applicable law (including Australian law)
Scrape, harvest, mirror, or otherwise extract content from the Site by automated means, except as expressly permitted by our
robots.txtUse the Site to transmit, host, or distribute material that is unlawful, defamatory, obscene, threatening, harassing, or otherwise objectionable
Infringe the intellectual property rights or other rights of Superbrand or any third party
Interfere with or disrupt the Site, our servers, or any networks connected to the Site
Attempt to gain unauthorised access to the Site, accounts, or systems
Introduce viruses, malware, or other harmful code to the Site
Use the Site for image-based abuse, cyber-abuse, or any conduct prohibited under the Online Safety Act 2021 (Cth)
Use the Site to train artificial intelligence or machine learning models without our prior written consent
5. Intellectual Property
All content on the Site, including text, design, code, graphics, images, logos, and the arrangement of the Site itself, is owned by Superbrand or licensed to us. All rights are reserved. You may not reproduce, redistribute, modify, sublicense, mirror, scrape, or commercially exploit any Site content without our prior written permission, except for viewing and downloading content for your own personal or internal business use, and sharing links to public Site pages on social media or in correspondence without modification.
The Superbrand name, logo, and brand assets are trade marks of Superbrand. You may not use them without our prior written permission.
6. Lead Forms and Enquiries
The Site collects enquiries, briefs, and contact information through forms. By submitting a form, you consent to be contacted by us in connection with your enquiry, warrant that the information you provide is accurate and that you have authority to provide it, and agree that the information will be handled in accordance with our Privacy Policy.
We do not guarantee a response time to enquiries, but we typically respond within two (2) business days.
7. Gated Content
Where the Site offers downloadable content or gated resources (the "Resources") in exchange for an email address or other contact details, we grant you a non-exclusive, non-transferable, royalty-free licence to use the Resources for your personal or internal business use only. You may not redistribute, resell, sublicense, or share the Resources externally. The Resources are provided as general information and do not constitute professional advice, and we may update or withdraw the Resources at any time without notice.
By submitting your details to access a Resource, you consent to receiving follow-up communications from us in connection with the Resource. You can unsubscribe from marketing communications at any time per the Privacy Policy.
8. Case Studies and Portfolio
Case studies, portfolio pieces, and testimonials shown on the Site describe specific past engagements with specific clients and contexts. They are illustrative only and do not warrant or guarantee similar results for any other engagement, do not constitute representations about future performance, and are subject to client consent in accordance with our Privacy Policy and our Master Services Agreement.
9. User Submissions
If you submit comments, testimonials, suggestions, or other content to us through the Site (a "Submission"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to host, store, reproduce, adapt, publish, and use the Submission in connection with our business and marketing.
You warrant that you own or are licensed to use the Submission, that the Submission does not infringe any third-party rights, and that the Submission is accurate and not misleading. We may remove, edit, or moderate Submissions at our discretion without notice. We are not obliged to publish or retain Submissions.
10. Third-Party Links and Embedded Content
The Site may contain links to third-party websites or services. Those links are provided for convenience and do not constitute our endorsement of the linked content. We are not responsible for the content, terms, or privacy practices of third-party websites. Your use of third-party websites is subject to their own terms.
You may embed our public Site content (such as articles or blog posts) only with attribution, without modification, and not for commercial use, unless we have given you prior written permission.
11. Disclaimer of Professional Advice
Content on the Site is general information only and does not constitute professional advice (including legal, financial, tax, marketing, business, or other professional advice). You should obtain advice tailored to your circumstances from a qualified professional before acting on any information on the Site.
We do not warrant that Site content is accurate, current, complete, or fit for any particular purpose. Reliance on Site content is at your own risk.
12. Australian Consumer Law
Nothing in these Terms of Use excludes, restricts, or modifies any right, guarantee, or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) where it cannot be lawfully excluded, restricted, or modified. Where the supply of content via the Site is a supply of services not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability for breach of any non-excludable consumer guarantee is limited under section 64A, at our election, to supplying the services again or paying the cost of having the services supplied again.
13. Limitation of Liability
To the maximum extent permitted by law, and subject to Section 12, Superbrand is not liable for any damages arising from your use of the Site, including but not limited to:
Indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill, loss of opportunity, loss of anticipated savings, or loss of data
Service interruptions, security breaches, or loss of access
Third-party actions beyond our reasonable control
Superbrand's aggregate liability arising out of or in connection with the Site is limited to AUD $100 or the cost of accessing or using the Site (whichever is greater). You agree that you use the Site at your own risk.
14. Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms of Use.
15. Suspension and Termination
We may suspend or terminate your access to the Site at any time, without notice, if we reasonably believe you have breached these Terms of Use or applicable law.
16. Changes to These Terms
We may update these Terms of Use from time to time. The "Last updated" date at the top reflects the most recent change. For material changes, we will provide reasonable notice on the Site. Your continued use of the Site after a material change constitutes acceptance of the updated Terms of Use, except that for users entitled to protection under the Unfair Contract Terms regime, any change must be reasonable and notified in advance.
17. Governing Law
These Terms of Use are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia in Melbourne.
18. Contact Us
If you have any questions about these Terms of Use, you can reach us at:
Superbrand
hello@superbrand.au