All Stripped – Terms and Conditions of Web Use
These Terms and Conditions of Use (T&Cs) apply when you visit the website at allstripped.com.au (Online Platform) operated by ALL STRIPPED FRANCHISING PTY LTD (ACN 125 846 497) as trustee for the ALL STRIPPED FRANCHISING UNIT TRUST and/or its associated entities (All Stripped or our or we). Your access to and use of the Online Platform, including your order of Services through the Online Platform, is subject to these T&Cs. These T&Cs also apply to the sale of any Services via methods other than the Online Platform, including sales by telephone, in person or other means, unless otherwise agreed in writing. If you disagree with any part of these T&Cs, you must cease usage of the website, or any services, immediately. By accessing or using the Online Platform you acknowledge and agree to be bound by these T&Cs. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Online Platform.
The information contained on the Online Platform is provided in good faith on an “as is” basis. All Stripped does not represent or warrant the reliability, accuracy or completeness of the information contained on the Online Platform. To the extent permitted by law, All Stripped is not responsible or liable for any Liabilities arising in any way for errors in, or omissions from, the information on the Online Platform.
Changes to these T&Cs
We may change these T&Cs at any time, and such modifications will be effective as soon as they are posted on the Online Platform. By continuing to use the Online Platform after these T&Cs have been modified, you agree to be bound by the changes to these terms and conditions.
Our Intellectual Property
The Online Platform and any ancillary materials or documents owned or used by bAll Stripped in connection with its products and services may contain registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of All Stripped (or its clients). You must not use any of the marks or trademarks appearing on the Online Platform or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
Your Intellectual Property
By contributing, posting messages, uploading files, inputting data, linking to data or files on third-party sites (such as YouTube, Vimeo, Flickr, Picasa, Facebook, Twitter, Blogger, or WordPress), or engaging in any other form of communication through our Online Platform you are creating user content (User Content), and you are granting All Stripped a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to:
This licence shall include the right to exploit any proprietary rights in the User Content, including but not limited to rights under publicity, copyright, trademark, or patent laws under any relevant jurisdiction.
You acknowledge and agree that by creating User Content you may generate automated emails from All Stripped to your nominated email address.
We reserve the right to filter, modify, publish and remove User Content on the Online Platform at all times at our discretion.
Third Party Content
You acknowledge and agree that any third-party content on our Online Platforms represents the thoughts, sentiments and intentions of that third-party and not the views of All Stripped. In addition, you acknowledge and agree that All Stripped shall not be liable for any offensive, pornographic, defamatory, incorrect, false, obscene, or otherwise unlawful content posted on our Online Platforms by third parties.
You covenant and warrant that:
You must not:
Unauthorised use of the Online Platform may give rise to a claim for damages by All Stripped against you and/or may be a criminal offence which may lead to legal action against you.
All Stripped does not claim that any information (including any files) obtained from or through the Online Platform is free from viruses or other faults or defects.
You are responsible for scanning any information for viruses. You agree that All Stripped has no responsibility or liability to you or any other person for any Liabilities which may be the direct or indirect result of any such viruses.
If All Stripped is found to be liable this will be limited to the cost of supplying the information again.
All Stripped and our users may provide links and pointers to internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on these third-party sites.
Please contact All Stripped if you would like to place a link to any part of an Online Platform.
We may use temporary (session) cookies or permanent cookies when you access our Online Platforms. This allows us to recognise your browser and track the web pages you have visited. You can switch off cookies by adjusting the settings on your web browser.
Termination and/or Suspension of Account
We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the Online Platform and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act and/or you breach these T&Cs.
Limitation of Liability
We do not warrant the suitability of the Online Platform.
To the extent permitted by law, All Stripped is not liable to you for any Liability arising in connection with the Online Platform.
If we are found liable at law, then our Liability is reduced to the extent (if any) that you cause or contribute to the loss or damage. Liability of one point for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at All Stripped’s option, to:
You agree to indemnify, defend and hold us and our partners, agents, directors, officers, employees, subcontractors, third-party suppliers of information, advertisers, service providers, clients and other affiliates harmless from any Liability arising in connection (directly or indirectly) with your use of the Online Platform.
If the whole or any part of a provision of these T&Cs is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these T&Cs has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
These T&Cs are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
In these terms:
“Liabilities” means all direct and/or indirect liabilities, costs, damages, losses, claims, causes of action arising whatsoever or howsoever caused, including indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence).