Effective of 17th September 2019
WEBSITE/APP TERMS OF SERVICE
This website and app is operated by The TIREDGIRL Society (‘TIREDGIRL’, ‘us’, ‘we’ or ‘our’) of 63 Coogee Road, Munster, 6166, Western Australia. These are the Terms of Service (as amended from time to time) governing use of The TIREDGIRL Society website (https://www.thetiredgirlsocietyapp.com) and app and the agreement that operates between us and you.
Your use of The TIREDGIRL Society website and any official social media pages in relation thereto (the ‘Site’) and/or The TIREDGIRL Society app (the ‘App’) controlled by The TIREDGIRL Society are subject to the Terms of Service set out below which include our disclaimer, our Privacy Statement and any other terms or conditions on our Site and/or App.
By accessing and using our Site you agree to be bound by these Terms of Service, our Privacy Statement and any other terms or conditions on our Site. If you do not agree to these Terms of Service your only remedy is to discontinue using our Site.
INFORMATION ABOUT US
The TIREDGIRL Society is a private sole trading company registered in Australia (ABN Number 566008) and having its registered office address at 63 Coogee Road, Munster, 6166, Western Australia.
If you have any questions about our Terms of Service, our disclaimer, our Privacy Statement and any other terms or conditions on our Site and/or App, please contact us at firstname.lastname@example.org.
ACCESS TO THE SITE AND/OR APP
Access to our Site and/or App is provided on a temporary basis, and we reserve the right to withdraw or restrict access to any part of the Site and/or App, or the entire Site and/or App, at any time. We will make all reasonable efforts to ensure that the Site and App is available twenty-four hours a day, seven days a week. However, electronic services can be subject to interruption or breakdown from time to time. Therefore access to our Site and App is offered on an ‘as is’ and ‘as available’ basis. The TIREDGIRL Society will not be liable if for any reason our Site or App, or any part of our Site or App, is unavailable at any time.
INTELLECTUAL PROPERTY RIGHTS
The information, content, software, downloads, interfaces, graphics, text, design, audio and video clips, images, buttons, trademarks, service marks, trade names and logos (the ‘Materials’) contained on the Site and App, the layout and design of the Site and App, and the Site and App themselves are the exclusive property of and owned by The TIREDGIRL Society and are protected by copyright, trade mark, and all applicable intellectual property laws protected by national laws and international treaties. The TIREDGIRL Society retain all right, title, interest and intellectual property rights in and to the Materials contained on the Site and App, the layout and design of the Site and App, and the Site and App themselves.
You may print pages from the Site and/or App provided such pages are for personal use only. Any other use of the Materials contained on the Site and/or App, and the Site and App themselves (including the reproduction, modification, distribution, transmission, republication or display of the Materials on the Site and/or App) is strictly prohibited.
The Site, the App or any portion of the Site and/or App may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without the express prior written permission of The TIREDGIRL Society.
OUR SITE AND APP CHANGE REGULARLY
The TIREDGIRL Society reserves the right, without notice to you, to change, amend, add-to, delete or remove the content, services, presentation, performance, facilities and/or availability of any part of the Materials, the Site or the App at our sole discretion, including these Terms of Service at any time. Each time you use the Site and/or App you will be bound by the then-current Terms of Service and you should review these each time you access and use the Site and/or App to satisfy yourself that you are happy with them.
To the fullest extent permitted by applicable law, neither The TIREDGIRL Society nor any of its officers or other representatives will be liable for any loss or damages arising out of or in connection with your use, inability to use or reliance on any facilities, services and/or Materials offered through or from the Site and/or App, including, but not limited to, direct loss, loss of data, work stoppage, computer failure or malfunction, business interruption, loss of income, profit or opportunity, loss of or damage to property and claims of third parties or for any indirect or consequential loss whatsoever, even if The TIREDGIRL Society has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
In no event shall The TIREDGIRL Society nor any of its officers or other representatives assume any responsibility or liability for any damages whatsoever resulting from the conduct of any third party on or in relation to the Site and/or App or from the Materials shared/uploaded by any third party to the Site and/or App or any events or meetings organised by any third party through the Site and/or App.
The TIREDGIRL Society does not guarantee, represent or warrant, express or implied, the accuracy, completeness or currency of any information or Materials on the Site and/or App. The TIREDGIRL Society and any of its officers or other representatives do not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits or contracts, loss of data, loss of goodwill, loss of business and loss of income or revenue) arising as a result of the Site, the App or the Materials contained on the Site or the App (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in connection with the Site and/or the App).
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
Your use of the Site and/or the App must at all times comply with all applicable laws, rules and regulations and be strictly in accordance with our Terms of Service.
You will not use the Site and/or the App or share or upload Materials or computer programs on the Site and/or the App in any manner which is malicious or technologically harmful, could damage, disable, overburden or impair the Site and/or the App or the facilities and/or services that are available on it or interfere with any other party’s use of the Site and/or the App, its facilities and/or services.
You will not use the Site and/or the App in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
You will not use the Site and/or the App to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You may not attempt to gain unauthorised access to the Site and/or the App, its facilities and/or services or any accounts, databases, computer systems, servers and networks connected to the Site and/or the App and the server on which our Site and/or App is stored. You shall not attack the Site and/or the App via a denial of service attack. You will not misuse our Site and/or App by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other materials which is malicious or harmful. By breaching this provision, you may commit a criminal offence and we may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities. In the event of such a breach, your right to use the Site and the App will cease immediately.
You agree not to use the Site and/or the App to harvest or otherwise collect by any means any program material or any information whatsoever (including without limitation email addresses or other personal details of other users).
You will not use the Site and/or the App to access, store, distribute or transmit any material that:
LINKS TO OUR SITE
You will not modify or redistribute the Materials on the Site and/or the App or reproduce, link, frame or deep-link it on any other website or platform without the express prior written permission of The TIREDGIRL Society.
Any such permitted link must be provided by you in a way that it is fair and legal and does not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement of The TIREDGIRL Society where none exists.
You must not establish a link from any website that is not owned by you.
We reserve the right to withdraw linking permission without notice at any time.
Requests to create such links should be made by email to: email@example.com
LINKS FROM OUR SITE
Our Site and App contain links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites and is not subject to these Terms of Service. We have no control over the content of third party sites and resources and your access to any other websites through the Site and/or the App is at your own risk. We are not responsible or liable for the accuracy of any information, data, opinions or statements made on third party websites or the security of any link or communication with third party websites. The TIREDGIRL Society reserves the right to terminate a link to a third party website at any time. The TIREDGIRL Society provides links to third party websites for your convenience and the fact that The TIREDGIRL Society provides any such links does not mean that The TIREDGIRL Society sponsors, endorses or authorises any materials on such websites or has any association with their operators.
All use by you of our Site and/or App is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading from, uploading to and/or using of, or referring to or relying on facilities, services or Materials provided on the Site and/or App, or any other information obtained from your use of the Site and/or App. You agree that The TIREDGIRL Society will not be liable for damages arising out of your use or your inability to use the Site and/or App, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.
If we fail to insist upon the strict performance of any of our obligations under any of these Terms of Service, or if we fail to exercise any of the rights or remedies to which we are entitled to under these Terms of Service, this shall not constitute a waiver of such rights or remedies and shall not release you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of your obligations under these Terms of Service shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms of Service are determined by any court or any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms of Service and any other terms or conditions accepted by you in connection with your use of the Site and/or the App represent the entire agreement between you and The TIREDGIRL Society in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Terms of Service.
If you have any concerns about any information or the Materials which appear on our Site, please contact us at firstname.lastname@example.org. If you have any accessibility issues or problems, please contact us at email@example.com.