Website — Terms of Access

This website (www.urbantailz.com.au) referred to in these Terms of Access as the “Website” is owned and operated by Sandy Green trading as Urban Tailz ABN: 61 505 985 105, who is referred to in these Terms of Access as “we”, “us”, “our” and similar grammatical forms.

The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website you are agreeing to these Terms of Access.

OPERATIVE PROVISIONS

1 Use of material on the Website

1.1 Generally

    (a) Except where permitted in clause 1.1 

    (b), when accessing and using our Website or the material contained on it you must not:

        (i) distribute any of the content in a material way;

        (ii) re-transmit or re-post the material to any other sites on the internet; and

        (iii) “frame” the content on the Website with other information material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

    (b) Despite the above restrictions on use of the material on the Website, you may:

        (i) review our Website for the purpose of assessing our Services;

        (ii) download the following material from the Website for your personal use:

            (A) our forms, checklists, instructions set out in our “Forms/Download” page;

            (B) any other information specifically permitted by us or detailed in these Terms of Access, provided you do not remove any copyright and trade mark notices contained on our material.

    (c) You may not modify or copy:

        (i) the Website content;

        (ii) the layout or colour scheme of the Website; or

        (iii) any computer software and code contained in the Website.

    (d) We reserve all intellectual property rights, including, but not limited to:

        (i) copyright in the content of this Website;

        (ii) copyright in any of our forms, checklists, or documents linked to the Website;

        (iii) any materials we have developed in relation to the Services provided by us;

        (iv) our trademarks, whether registered or unregistered.

    (e) The material provided on the Website is provided for personal use only. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

    (f) You may store, print, re-transmit and display the content only for the purpose of assessing our Services or engaging us to provide the Services.

1.2 Prohibitions

    (a) You must not misuse our Website. You will not:

        (i) commit or encourage a criminal offense;

        (ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

        (iii) hack into any aspect of the Website; corrupt our data; cause annoyance to other users;

        (iv) infringe upon the rights of any other person's proprietary rights;

        (v) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or

        (vi) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

1.3 Links to other websites

    (a) This Website may contain links to sites on the internet owned and operated by third parties and which are not under our control.

    (b) In relation to the other sites on the internet, which are linked to the Website, we:

        (i) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and

        (ii) are not responsible for the material contained on those linked sites.

1.4 Disclaimer

    (a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.

    (b) To the fullest extent permitted by law we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or any linked sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

    (c) We do not warrant, guarantee or make any representation that:

        (i) the Website, or the server that makes the site available on the internet are free of software viruses;

        (ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and 

        (iii) errors and defects in the Website will be corrected.

    (d) We are not liable to you for:

        (i) any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any linked sites; 

        (ii) errors or omissions in the Website, or linked sites on the internet;

        (iii) delays to, interruptions of or cessation of the services provided in the Website, or

linked sites; and

        (iv) defamatory, offensive or illegal conduct of any user of the Website, whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

    (e) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

1.5 Limitation of liability

To the full extent permitted by law, our liability for any breach by us of a guarantee or implied warranty or condition is limited to the extent permitted under the Australian Consumer Law.

1.6 Indemnity

You agree to indemnify, defend and hold us harmless from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Access.

1.7 Uploading information

You represent and warrant in relation to any material or information you provide to us or upload to the Website that:

    (a) you are authorised to provide the material or information;

    (b) the material or information is truthful and accurate.

1.8 Use of personal information gathered

    (a) We and any people or legal entities authorised by us may gather and process the personal information:

        (i) which you may provide when accessing the Website, such as your name, address, email address and other personal information about you; and

        (ii) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

    (b) We may authorise others to offer you goods and services using the information acquired, as described in clause 1.8 (a).

    (c) To the extent the Privacy Act 1998 (Cth) applies to us, we will comply with the Act in respect of our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 2 for details of how we collect, store and use your personal information.

1.9 Termination of access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

1.10 Alteration of Terms of Access

We reserve the right to change these Terms of Access:

    (a) with or without further notice to you; and

    (b) without giving you any explanation or justification for such change.

1.11 Third Party Intellectual property rights

All intellectual property on this Website belonging to third parties are the property of their respective owners. You must comply with any third party requirements in respect of your use of their intellectual property, including obtaining written permission where applicable. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other intellectual property rights or legal protections and could result in criminal or civil penalties.

1.12 Relevant jurisdiction

    (a) If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.

    (b) These Terms of Access will be governed by and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principles of conflicts of laws.

    (c) You agree to the jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of these Terms of Access.

2 Privacy policy

By engaging us to provide the Services, you are accepting the terms of our privacy policy, and you are consenting to our collection, use, disclosure, retention and protection of your personal information as described in this privacy policy. Our privacy policy is set out at the following link: https://urbantailz.com.au/privacy-policy  

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