Terms of Service

Please read these terms carefully

Last Updated: January 15, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "You," or "Your") and Torchlight Quest Pty Ltd ("Company," "We," "Us," or "Our"). By accessing, browsing, or using our website torchlightquest.com and our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our website or services.

2. Use License

Permission is granted to temporarily access and use materials (including information, software, and graphics) on our website for lawful purposes only, subject to the restrictions set forth in these Terms. The following activities are prohibited:

  • Modifying or copying the materials without permission
  • Using materials for commercial purposes or public display
  • Attempting to decompile, reverse-engineer, or disassemble any software on the website
  • Removing any copyright, trademark, or proprietary notice labels
  • Transferring materials to another person or "mirroring" materials on another server
  • Transmitting unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable materials
  • Engaging in any activity that disrupts normal flow of dialogue or impairs the website's functionality
  • Attempting to gain unauthorised access to secure portions of the website
  • Collecting or tracking personal information of others without consent
  • Interfering with services through viruses, malware, or disruptive code

3. Disclaimer of Warranties

The materials on Torchlight Quest's website are provided on an 'as is' basis. Torchlight Quest makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Torchlight Quest does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations of Liability

In no event shall Torchlight Quest or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Torchlight Quest's website, even if Torchlight Quest or an authorised representative has been notified orally or in writing of the possibility of such damage.

5. Accuracy of Materials

The materials appearing on Torchlight Quest's website could include technical, typographical, or photographic errors. Torchlight Quest does not warrant that any of the materials on its website are accurate, complete, or current. Torchlight Quest may make changes to the materials contained on its website at any time without notice. However, Torchlight Quest does not make any commitment to update the materials.

6. Materials and Content

The materials on Torchlight Quest's website may include forward-looking statements concerning our future services. These forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected. Any reliance upon materials on this website is at your own risk.

7. Intellectual Property Rights

All content on this website, including text, graphics, logos, images, software, and other materials, is the property of Torchlight Quest or its content suppliers and is protected by international copyright laws. You may not reproduce, modify, distribute, or transmit the content without our express written permission.

8. Service-Related Terms

8.1 Service Agreements

When engaging Torchlight Quest for software development, consulting, or related services, separate service agreements or statements of work ("SOW") will be provided. Those agreements will govern the specific terms of service delivery, including scope, timeline, deliverables, and payment terms. In case of conflict between these Terms and any SOW, the SOW shall prevail.

8.2 Payment Terms

Unless otherwise specified in a project agreement, payment terms are net 30 days from invoice date. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

8.3 Intellectual Property Ownership

Unless otherwise agreed in writing, all custom software, code, designs, and materials created specifically for you as a client shall be owned by Torchlight Quest. We grant you a non-exclusive license to use the deliverables for their intended purpose. Third-party open-source components are governed by their respective licenses.

8.4 Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of our engagement. This includes technical specifications, business processes, pricing, and other sensitive information.

9. Limitation of Contact Information

Any contact information provided by you through our website (phone number, email address, company name) may be used to respond to your inquiry, provide updates about our services, or contact you regarding potential business opportunities. You may unsubscribe from marketing communications at any time by following the unsubscribe link in our emails or contacting us directly.

10. Revisions and Errata

The materials appearing on Torchlight Quest's website could include technical, typographical, or photographic errors. Torchlight Quest may correct any errors, omissions, and inaccuracies at any time without notice. Torchlight Quest does not, however, make any commitment to update the materials.

11. Links

Torchlight Quest has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Torchlight Quest of the site. Use of any such linked website is at the user's own risk.

12. Modifications of Terms

Torchlight Quest may revise these Terms for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms. Should you object to any of the subsequent Terms and no longer wish to use the website, you may stop using the website at any time.

13. Prohibited Conduct

You agree that you will not use this website to:

  • Violate any applicable laws, statutes, ordinances, or regulations
  • Infringe upon the intellectual property rights of others
  • Submit malicious code or engage in hacking or phishing activities
  • Harass, threaten, or defame any person or organisation
  • Engage in spam or unsolicited commercial activities
  • Collect personal information without proper consent

14. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts located in New South Wales.

15. Disclaimer of Liability

TORCHLIGHT QUEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TORCHLIGHT QUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

  • Email: hello@torchlightquest.com
  • Phone: +61 2 9876 5432
  • Address: Sydney, New South Wales, Australia

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, along with any service agreements or statements of work, constitute the entire agreement between you and Torchlight Quest regarding your use of the website and services, and supersede all prior negotiations, representations, and agreements, whether written or oral.