Terms of Service
1.1 Welcome to https://odinian.com, operated by Odinian Pty Ltd (ACN 650 064 314) (the Company).
1.2 Access to and use of the Website, or any of its associated Services, are provided by the Company.
(a) “Member” means a registered account holder and has been accepted to submit and publish Content, post comments, and create Pages available on the Member interface on or through the Website;
(b) “Content” means anything a Member publishes on the Website (including Uploaded Content), which may include (not limited to) commercial articles or blogs (referred to as “Stories” on the Website) and/or podcasts, which consist of information, material, links, words, videos and images that make up the content;
(c) “Services” means registering an Account, to become a Member to submit and publish commercial Content (articles, blogs and podcasts) on the Website;
(d) “We”, “our” and “us” means Odinian Pty Ltd (ACN 650 064 314);
(e) “Website” means https://odinian.com; and
(f) “You” or “Your” means either a user or Member.
3 Acceptance of these Terms
3.2 If you are signing up on behalf of a company, you warrant that you have the authority to act on behalf of the company and bind the company to these Terms.
3.3 By engaging the Company for the Services, you acknowledge and understand that the Company (including the Content) does not provide you with any specialist, professional or technical advice which includes but is not limited to legal, accounting, financial planning or tax advice. For further information, please read these Terms carefully.
3.4 The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of publication. Before you continue, we recommend you keep a copy of the Terms for your records.
4.1 You agree and acknowledge that we:
(a) are facilitators of the Content contained on the Website, and therefore we do not act as your agent or other representative of you, or any other party, in respect of the submitted and published Content on the Website; and
(b) are not liable for acts of omissions of those that peruse the Content on the Website;
4.2 You agree and acknowledge that that we do not warrant or give any guarantee with respect to the accuracy or completeness of the Content, and on such basis bear no responsibility or liability, whatsoever, for any defects, faults, errors or omissions in the data, pertaining to the Content.
4.3 By the Company offering its Services to you, you agree and acknowledge that.
(a) you are solely responsible for assessing the risks and implications of using the Services and Content;
(b) we do not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the Content;
(c) you must not use the Content in any way that infringes the copyright or proprietary interests herein;
(d) you are solely responsible for determining if the Content fit your specific purpose;
(e) these Terms do not create a relationship of employment, trust, joint venture, partnership or other relationship of a fiduciary nature between you and us;
(f) the Company offers the Services in reliance that the Content provided by you is accurate and up to date;
(g) The Company reserves the right to terminate the Services, at any time and without any notice, if the Content published is misleading, false, deceptive, inaccurate and/or outdated; and
(h) The Company has entered into these Terms in reliance on the acknowledgements, warranties and representations given by you in these Terms.
5 Account Set Up
5.1 To access the Services, you are required to register an account on the Website (the Account) by completing an application form on the user interface.
5.2 To set up an Account, you will be required to provide personal information about yourself, including but not limited to, the following:
(b) date of birth;
(c) email address;
(d) telephone number;
(e) company name (if using the Website and accessing the Services on behalf of a company);
(f) a preferred username; and
(g) a preferred password.
5.3 You agree and acknowledge that any information you provide to the Company in the course of establishing an Account will always be accurate, correct and up to date.
5.4 You agree and acknowledge that the Company reserves the right to terminate your Account and/or ban you from accessing the Services without notice if (in the Company’s sole discretion and opinion determine) you have provided misleading, false, deceptive, inaccurate and/or outdated personal information.
5.6 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with the Company; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are reside or from which you use the Services.
5.7 Once you have completed the registration process and created an Account, you will be a registered member of the Website (the Member) and agree to be bound by the Terms. As a Member, you will be granted access to the Services.
6 Your Account Obligations
6.1 As a Member, you agree and acknowledge that:
(a) you are solely responsible for the activity that occurs under your Account;
(b) anything you submit as Content to be included on the Website is accurate, correct and up to date;
(c) you have the sole responsibility to protect the confidentiality of your password and/or email address. You agree to immediately notify the Company at email@example.com of any unauthorised use of your password or email address or any breach of security of which you have become aware. You agree and acknowledge that use of your password by any other person may result in an immediate cancellation of the Services;
(d) you will use the Website and the Services as permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
(e) access to and use of the Website, Services and Account is non-transferable and limited to you for the purposes of us providing the Services;
(f) any use of your registration information and Services by another person, or third party, is strictly prohibited;
(g) appropriate legal action will be taken by the Company for any illegal or unauthorised use of the Website and Services;
(h) you must not:
(i) expressly or impliedly impersonate another Account at any time;
(ii) use the Services, Content or Website for any illegal and/or unauthorised use;
(iii) provide false information including false names, address, contact details and Content;
(iv) use the Services, Content or Website unlawfully or in a manner that violates these Terms and any applicable laws or regulations;
(v) circumvent or hack into any part if the Website to access data not intended for you;
(vi) interfere with the servers or networks connected to the Services, Content and/or Website, or violate any of the policies, procedures or regulations connected to the Services, Content and/or the Website;
(vii) engage in conduct or access the Website, Services or Content in a way that will impose an unreasonable or large burden of traffic demands on the Company;
(viii) act in a way that is unlawful, harassing, threatening, racist, sexist, homophobic abusive, violent, discriminatory, intimidating, predatory, defamatory to another entity, person(s) or Member, or anything that the Company in their sole discretion deem inappropriate, or would otherwise disrupt others’ enjoyment of the Services and Content.
(ix) create derivative works of the Content or an application substantially similar or a direct copy of the Content such that confusion may occur as to which the Content are operated by the Company;
(x) resell, distribute, transfer, modify, lease, encumber or export the software associated with the Website or the Content;
(xi) copy or produce a substantially similar Services and Content that was provided to you by us; and/or
(xii) automate the use of the Website or Content.
7 Copyright and Intellectual Property
7.1 Intellectual Property Rights means all intellectual property rights and proprietary rights (whether registered or unregistered) including but not limited to: any processes, formulae, technology, systems, reports, drawings, specifications, computer software (including source codes and object codes), blue-prints, patents, discoveries, inventions, improvements, trade secrets, technical data, research data, know-how, logos, registered and unregistered trade-marks and service marks (including, but not limited to, goodwill and other intangible rights), registered and unregistered designs, design rights, rights in circuit layouts, copyright and the right to keep confidential information confidential and any other rights in the nature of intellectual property rights.
7.2 The Website, the Services and Content of the Company are subject to copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all Intellectual Property Rights (including copyright) in the Content are owned or controlled for these purposes and are reserved by the Company and its Members.
7.3 All custom graphics, icons, logos and service names on our Website are registered or unregistered trade-marks, service marks and patents (where applicable) of the Company other than as indicated in clause 7.4.and 7.5. The Terms do not transfer to you any of the Company or any third party’s right, title and interest in copyright, patents, trade-marks or service marks.
7.4 Other than as disclosed in clause 7.3, all other trademarks, service marks and/or patents on the Website are subject to copyright and the property of their respective Members. Nothing in these Terms grants you any right to use any Content, trademark, service mark, logo,, icons, graphics and/or our name or that of any other Member.
7.5 The Members own the copyright in respect of their Content and retain all Intellectual Property Rights, except as stated herein, in any information, data, documents, podcasts, videos or photographs uploaded to the Website (the Uploaded Content). The Member hereby grants to the Company and its affiliates for no consideration, a perpetual, irrevocable, non-exclusive, transferable, royalty-free licence to your Uploaded Content.
7.6 You agree and acknowledge to not:
(a) use the Content in any way that infringes the copyright or proprietary interests of the Company or our Members;
(b) remove or obscure any copyright notice, licence notice or other notices contained in the Content; and/or
(c) copy, produce, sell or distribute the Content to third parties for commercial purposes.
7.7 You are solely responsible for obtaining written permission before reusing, broad casting, republishing, posting, transmitting, distributing, showing, posting in public, adapting or changing in any way any copyrighted Content that is available on our Website. Any unauthorised use of the Content of our Members appearing on our Website may constitute a breach of the Copyright Act 1968 (Cth), trademark and other applicable laws, and could result in criminal or civil penalties.
8 Modification or discontinuation of the Website
8.1 We reserve the right at any time and from time to time to modify or discontinue the Website, either temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, termination or discontinuance of the Website.
8.2 From time to time we may issue an update to the Website which may add, modify and/or remove features from the Website and its Services. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the Website, we will seek your agreement to the permissions and at such time you may choose to accept or not.
9.1 At the Company, we are committed to protecting your privacy as a user of our Website and Services. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles established in the Privacy Act 1988 (Commonwealth).
10 Termination of Services
10.1 The Terms and Services will continue to apply until you delete your Account or upon termination of your Member Account by the Company as set out in clause 10.3.
10.2 If you elect to delete your Account, you may do so where the option is provided on your Account Member interface. Please be advised that any deletions will permanently delete your Uploaded Content and the Content published on the Website.
10.3 The Company may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) the Company is required to do so by law;
(c) the partner, if any, with whom the Company offered the Services to you has terminated its relationship with the Company or ceased to offer the Services to you;
(d) the Company is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Service;
(e) the provision of the Services to you by the Company is, in the opinion of the Company, no longer commercially viable;
(f) if you have used the Services:
(i) in breach of any law;
(ii) in a way that is misleading or deceptive;
(iii) in a way which is unreasonable as determined by the Company at its absolute discretion; or
(iv) in a manner which can or does bring the Company into disrepute or could damage the Company’s reputation as determined by the Company at its absolute discretion.
10.4 Subject to local applicable laws, the Company reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages the Company’s name or reputation or violates the rights of another party or is defamatory to another entity, person(s) or Member.
10.5 Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
11.1 By using this Website and perusing the Content, you agree that we are not liable for any inaccuracy, error or failure of the Content or Uploaded Content and any material. In addition, we are not liable for any loss or damage arising from any use of this Website, including any viruses, system failure, consequential, indirect, incidental, special or direct loss or damage to your systems.
11.2 Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
11.3 You agree and acknowledge that the Company, its affiliates, employees, agents, contributors, agents, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputations which may be incurred by you, however caused and under any theory of liability.
11.4 You agree and acknowledge that the Company holds no liability for any direct, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your Content or Uploaded Content on the Website.
12.1 Your use, browsing, reading and acting on the Content contained on the Website is strictly at your own risk. The Website and Content are provided on an ‘as is’ and ‘as available’ basis. We make no warranty or condition that the Content will meet your requirements or be available on an uninterrupted, secure or error-free basis. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Company make any express or implied representation or warranty about the Content or services (including the Content and/or Services of the Company) referred to on the website. This includes, but is not limited to, loss or damage you might suffer as a result of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to the Services and Content;
(b) the accuracy, suitability or currency of any information on the Website, the Content, or any of its Services (including third party material and advertisements on the Website);
(c) a suspension of your account as a result of your breach of the Terms; and
(d) the Members publishing Content which is provided for your convenience.
12.2 The Content and Services are provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. The Company does not warrant that the functions contained in any Services and access to Content on our Website are error free, that any defects will be corrected, that the Services and Content or the service which stores and transmits material to you are free of viruses or any other harmful components, or that the Services and Content will operate on a continuous basis or be available to you at any time.
12.3 The Company discloses that the Content available on the Website are for educational purposes only and are not financial, accounting taxation or legal advice in any way or tailored to your specific requirements or circumstances. The Company makes no representations, warranties, or guarantees, express or implied, about:
(a) the completeness, accuracy, reliability, suitability, or availability of any information, images, products, articles, images or graphics and any other generated Content on our Website for any purpose; and
(b) third party information, Content or Uploaded Content.
12.4 To the extent permitted by law:
(a) the Company excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
(b) the Company will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Content or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.1 You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Services and Content on the Website;
(b) inaccurate, misleading, false or deceptive information provided by you;
(c) any wilful misconduct by you;
(d) any breach of these Terms; or
(e) any direct or indirect consequences of you accessing, using or transacting on the Website or the Services or attempts to do so.
13.2 This indemnity will survive termination of these Terms.
14.1 You agree and acknowledge that the Website, and any associated website we own, may use third party hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the Website.
14.2 Unless otherwise specified, the Website and associated Services are for your personal and own business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Website, which are not your own Intellectual Property.
14.3 You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.
15 Dispute Resolution
(a) If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(a) a party to the Terms claiming a dispute (the Dispute) that has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(a) On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(i) within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(iii) the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
(iv) the mediation will be held in Sydney, Australia.
(a) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
15.5 Termination of Mediation:
(a) If one (1) month has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16 Governing Law and Jurisdiction
16.1 The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17.1 The Company may provide any notice to you under the Terms by sending a message to your email address. The notice provided by the Company to you by email shall be deemed to have been properly given on the date the Company sends the email, regardless of whether you have received the email.
17.2 Unless specified otherwise, any notices provided by you to the Company must be in writing and be delivered either in person, email or via registered post to Level 2, 23 Foster St, Surry Hills NSW 2010, Australia. Notices provided by registered post shall be deemed to have properly given three days after they are posted (if posted).
18.1 If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.
19 Independent Legal Advice
19.1 You acknowledge and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
20.1 A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.
20.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
20.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
21.1 The Company may assign or transfer its rights or obligations under the Terms without your consent.
21.2 You may not assign or transfer your rights or obligations under the Terms without prior written consent of the Company. A purported assignment without written consent will be deemed to be void and convey no rights.
22.1 Our Website, generated Content and Services to you may contain links to other websites. These links are meant for your convenience only. Please be aware that the Company is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our Website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Website.
23 Changes to our policies
24 Questions or Complaints
24.1 If at any time you have a question about what information we hold about you, wish to change your personal details or have a complaint or concern, please contact us at: firstname.lastname@example.org.
24.2 Please return periodically to https://odinian.com/terms-of-service/ for material changes to the Terms.