A. These terms and conditions (Terms) apply to all services offered by Tailor On The Road (ABN 42 454 310 503) trading as Tailor On The Road (Tailor On The Road). The services include the use of any of Tailor On The Road’s online and/or mobile services, including the Tailor On The Road Facebook, Twitter, Instagram, YouTube, Pinterest, Google+ social media pages and any other social media pages used by Tailor On The Road from time to time (Social Media Pages), the website www.tailorontheroad.com.au (the Website), and software provided on or in connection with the services (the Services). In these Terms, “we” “us” and “our” refers to Tailor On The Road and we refer to you as “you”, “your” or the “User”.
1. Using the Services
1.1 The User acknowledges that Tailor On The Road reserves the right to change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. Tailor On The Road may temporarily or permanently suspend or terminate access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms.
1.2 Access to and use of password protected and/or secure areas of the Website are restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
1.3 The User must not use the Services to (or attempt to) upload, post, transmit or otherwise make available any text, illustrations, photos, audio, video, or any other material (Material) or do any activity that:
a. Is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) third-party rights of any kind, including without limitation any patent, copyright, moral rights, trade mark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction;
b. contains any information or content that you know is not correct and current;
c. contains, promotes, or provides information about unlawful activities or conduct;
d. could harm, abuse, harass, stalk, threaten or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
e. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person;
f. may create a risk of any other loss or damage to any property;
g. may constitute or contribute to a crime or tort;
h. includes an image or personal information of another person or persons unless you have their consent;
i. impersonates any person or entity;
j. poses or creates a privacy or security risk to any person;
k. transmits (or authorize the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, or “spamming”;
l. solicits money, passwords or personal information from any person;
m. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
n. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or
o. is in breach of any applicable laws or regulations.
1.4 By uploading, transmitting, posting or otherwise making available any Material via the Services, the User:
a. grants Tailor On The Road (and its successors’ and affiliates’) business a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, transferrable license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Material and your name, voice, and/or likeness as contained in your Material, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Tailor On The Road’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
b. warrants that you have the right to grant the above mentioned licenses;
c. warrants that the Material does not breach the Terms; and
d. Unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
1.5 Tailor On The Road reserves the right (but have no obligation) to:
a. review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person;
b. monitor use of the Services and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request; and
c. Monitor disputes between you and other Users.
1.6 Tailor On The Road reserves the right, in its sole discretion, to assert legal action with respect to Material or use of the Services, that Tailor On The Road reasonably believes is or might be in violation of these Terms or Tailor On The Road Policies. Tailor On The Road’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
1.7 Tailor On The Road will not be responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Services or posted on a third party platform about Tailor On The Road and/ or the Services by any User or any other person or third party other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Services simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any User or any other person or entity other than us.
2. Member Accounts
2.1 In order to access some of the Services provided on the Website, you must become a member by creating a member account (Member Account).
2.2 Membership to the Website is free.
2.4 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
2.5 On registration of your Member Account you will be provided with a password and username. You are solely responsible for the activity that occurs on your Member Account (including unauthorized use of your credit card) and you must keep your account password secure.
2.6 You must notify Tailor On The Road immediately of any breach of security or unauthorized use of your Member Account. Tailor On The Road will not be liable for any losses caused by any unauthorized use of your Member Account. You are prohibited from using another Member’s Member Account without permission.
2.7 We reserve the right to terminate your Membership Account at any time.
2.8 From time to time Tailor On The Road may offer special promotional offers which may or may not apply to your Member Account. In addition to these Terms, you agree to be bound by any additional terms and conditions for these special offers.
3.2 By providing your email address to Tailor On The Road you consent to our using the email address to contact you regarding changes to features of the Service and special offers and promotions. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
4. Intellectual Property
4.1 You acknowledge that Tailor On The Road owns all right, title, and interest, including all intellectual property rights, in the Services including the trade name, logos, trademarks, and service marks, and any content, data, software, technology, tools, or business methods used by Tailor On The Road to develop, promote, market, sell, generate, or distribute the Services and otherwise perform under these Terms (collectively the “Tailor On The Road IP”), are the exclusive property of Tailor On The Road and its licensors. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license, title or interest in or under any Tailor On The Road IP, and you agree not to sell, license, rent, modify, distribute, transfer, download, display, copy, reproduce, transmit, publicly display, translate, reverse engineer, decompile or disassemble publicly perform, publish, adapt, edit or create derivative works from any Tailor On The Road IP without the express written consent of Tailor On The Road. Use of the Tailor On The Road IP for any purpose not expressly permitted by these Terms is strictly prohibited.
4.2 You shall not use or display the Tailor On The Road IP in any way that states or implies that Tailor On The Road has endorsed or approved your products or services.
4.3 All goodwill and improved reputation in respect of and associated with the Tailor On The Road IP will vest to the sole benefit of Tailor On The Road.
4.4 You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Tailor On The Road under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Tailor On The Road does not waive any rights to use similar or related ideas previously known to Tailor On The Road, or developed by its employees, or obtained from sources other than you.
4.5 Tailor On The Road takes no responsibility and assumes no liability for any Material that you or any other User or third party posts or sends over the Services. You will be solely responsible for your Material and the consequences of posting or publishing it.
5. Third Party Websites
5.1 Our Services may link to third party websites or resources which are not owned or operated by Tailor On The Road. Because Tailor On The Road has no control over such sites and resources, you acknowledge and agree that Tailor On The Road is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Tailor On The Road is not responsible for the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.
5.2 You further acknowledge and agree that Tailor On The Road shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. Representations & Warranties
6.1 The User represents and warrants that: (a) it will comply with all laws applicable to its obligations under these Terms; (c) any Material, including any representations made by the User do not and will not infringe, misappropriate, or otherwise violate any intellectual property right or right of any third party.
6.2 To the maximum extent permitted by law the Tailor On The Road Services are provided “as is”, without any warranty of any kind, and on an “as available” basis. Tailor On The Road makes no representations or warranties, express or implied, including without limitation any implied warranty that the Services are merchantable, of satisfactory quality, reliable, accurate, fit for a particular purpose, non-infringing or free of defects, errors or other harmful components or able to operate on an uninterrupted basis, or that the use of the Services by the User is in compliance with applicable laws or that information transmitted in connection with the Services will be successfully, accurately or securely transmitted.
6.3 Tailor On The Road does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Services by any party other than Tailor On The Road, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
6.4 Other than as required under applicable consumer protection law, under no circumstance will Tailor On The Road be liable for any loss or damage caused by a User’s reliance on information obtained through the Services or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Services, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
7.1 The User, at your sole cost and expense, will defend, indemnify and hold Tailor On The Road (its officers, directors, agents, subsidiaries and employees) harmless from and against any claims, lawsuits, demands, actions, proceedings or investigations from and against any fees, costs, sanctions, penalties, damages, losses or expenses (including but not limited to legal fees and costs) arising out of or relating to any of the following:
a. your (i) fraud, willful misconduct, or negligence or (ii) breach or alleged breach of these Terms;
b. your Material; or
c. any infringement, misappropriation,
or other violation, of any patent, trade mark, copyright, publicity, privacy, trade secret,
or other right of any third party by you, your Material, or the use thereof.
8. Limitation of Liability
8.1 To the maximum extent permitted by applicable law Tailor On The Road and its directors, officers, employees, partners, contractors, subsidiaries, agents, licensors, managers and affiliated companies will not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if Tailor On The Road has been advised on the possibility of such losses), that result from the use of, or inability to use, the Services.
8.2 Under no circumstances will Tailor On The Road be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services.
8.3 To the maximum extent permitted by applicable law, Tailor On The Road assumes no liability or responsibility for:
a. any errors, mistakes, or inaccuracies of content;
b. any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services;
c. any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
d. any interruption or cessation of transmission to or from the Services;
e. any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party;
f. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or
g. any Material or the defamatory, offensive, or illegal conduct of any third party.
9.1 Headings are for reference purposes only and do not limit the scope or extent of such section.
9.2 If any of the provisions set out in these Terms are determined to be void or unenforceable then that provision must be read down to avoid that result or if the provision cannot be read down then it must be severed and the rest of the Terms will remain in full force and affect.
9.3 The failure of Tailor On The Road to enforce any provision of these Terms at any time or for any period of time will not be construed to be a waiver of such provision or of the rights of Tailor On The Road to enforce each and every provision of these Terms.
9.4 These Terms are to be governed by and construed in accordance with the laws of Victoria. The User irrevocably consents to the exclusive jurisdiction of the courts of Victoria for purposes of any legal action arising out of or related to the use of the Services or these Terms.