Our Terms & Conditions
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      2. Our Terms & Conditions

      Which Country's Laws Apply to Any Disputes?

      • Notwithstanding anything to the contrary herein, if, separately from these Terms, you have entered into a signed, written agreement with us, or one of our affiliates including Pikcha, Inc. (EIN 38 415 7752), a Delaware Corporation, with offices located at Level 7, 650 California St., San Francisco, California 94108, United States, doing business as “Seminal,” and that agreement contains provisions concerning choice of law, jurisdiction, venue, arbitration, and dispute resolution, then in the event of any conflict between those provisions and these Terms, then the provisions under your separate, signed, agreement with us concerning choice of law, jurisdiction, venue, arbitration and dispute resolution shall control. 
      • To the maximum extent permissible under applicable law: 
      • these Terms, their subject matter and their formation (and any disputes or claims arising under or relating thereto) are governed by the law of Victoria, Australia; and 
      • We both agree to exclusive jurisdiction and venue of the courts of Victoria, Australia for the resolution of any disputes arising out of or relating to your use of the Site 
      • If any part of the choice of law, venue or jurisdiction provisions under these Terms shall be deemed unenforceable under applicable law, then those portions shall be deemed severed from these Terms and the remaining Terms shall remain in force 
      • Certain legislation, including the Australian Consumer Law (“ACL”) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Site by us to you which cannot be excluded, restricted or modified (“Consumer Law Rights”). 
      • If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our liability for the Site provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. 
      • Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Site) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.