1 Acceptance of Terms
1.1 This website, app, platform and any service offered under the name “99starts” (“Platform”) is operated and owned by 99starts Pty Ltd (ACN 619 341 196) and its related entities or body corporates (“us’, “we” and “our”).
1.3 For clarity, these Terms also apply to companies, trusts, organisations and other entities using this Platform.
1.5 These Terms will prevail over any other terms or agreement between you and us.
2 Warrant of Authority
2.1 Your use of the Platform is conditional on you being at least 18 years old and having the legal capability to entering into binding contracts.
2.2 If you are using the Platform on behalf of an entity or organisation, you are hereby warrant that you are authorised by the said entity to enter into legal agreements on its behalf.
2.3 Accordingly, by using the Platform, you warrant the above to us. If the above conditions are not satisfied, please cease using the Platform immediately.
3.1 You may be required to be a registered member to access certain features of our website.
3.3 We will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not to share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
3.4 You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended and a legal action may be taken against you.
4 Your Content
4.1 Where the Platform allows you to upload any content whatsoever to the Platform “(Your Content”), you:
(a) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Your Content in any way (including, without limitation, by reproducing, modifying, and communicating the Your Content to the public) and permit us to authorise any other person to do the same thing;
(b) to the full extent permitted by law, consent to any act or omission by us which would otherwise constitute an infringement of your moral rights under the Copyright Act 1968 (Cth) (“Copyright Act”) in relation to the Your Content; and
(c) acknowledge and agree that we may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any Your Content submitted to or via the Platform by you.
4.2 In each instance when you upload Your Content to or via the Platform, you:
(a) represent and warrant to us that you have all right, title, interest and authority in the Your Content which is necessary to grant the licences and consents set out in clauses 2.1(a) and 2.1(b);
(b) represent and warrant to us that you have the permission to use the name and likeness of each person whose image appears in any Your Content in the manner contemplated by these Terms;
(c) represent and warrant to us that the use or exploitation of Your Content by us or any other user of the Platform will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights); and
(d) agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Your Content to or via the Platform.
4.3 This clause 2 will survive termination of these Terms.
5 Your conduct
5.1 In using the Platform, you must:
(a) strictly comply with any policy displayed on our Platform;
(b) obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform.
(c) not take any action that is likely to impose upon the Platform or our (or its third party Carers) a disproportionately large load;
(d) not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Platform;
(e) except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform;
(f) not add any Your Content:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that may result in you or us breaching any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
(iv) that would bring us or the Platform into disrepute;
(v) that infringes the rights of any person;
(vi) that you know (or ought reasonably suspect) is false, misleading, untruthful or inaccurate;
(vii) that contains unsolicited or unauthorised advertising (including junk mail or spam); or
(viii) that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party.
6 Intellectual Property Rights
6.1 Except where otherwise indicated, we are the sole owners or licensee of all intellectual property comprised in the Platform (including all intellectual property comprised in the Platform content), and nothing in these Terms constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content.
6.2 You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
6.3 You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
6.4 You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause and that equitable or injunctive relief may be necessary.
7 Third party sites
7.1 The Platform may contain links to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
7.2 You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
(b) we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
(c) you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
8 Disclaimer and limitation of liability
8.1 We exclude all warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied (“Warranties”) other than those expressly set out in these Terms.
8.2 We exclude any Warranties in relation to the accuracy, suitability, completeness, fitness for purpose, quality or anything else in relation to the goods or services offered by, through, or on the Platform.
8.3 You acknowledge that you must only rely on your own enquiries in relation to such goods and services or any other information or material contained on the Platform. You should not rely on any information on the Platform to make business or personal medical decisions.
8.4 We provide the Platform on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Platform.
8.5 We are not responsible for any action of any third-party. Any dealings you have with such parties are exclusively entered into between you and them.
8.6 In the event that we terminate the Platform or your access to the Platform pursuant these Terms, you release us from all liability, loss or claims suffered by you as result of or arising out of such termination.
8.7 To the extent that legislation or other law restricts our right to exclude Warranties under these Terms, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, notwithstanding any other provision of these Terms, to the extent that we are entitled to do so, we limit our liability pursuant to such provisions:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
8.8 Our liability arising in connection with these Terms or the Platform is limited as follows:
(a) we are not liable for any consequential, special, indirect or remote loss;
(b) our total maximum total liability arising in connection with these Terms is capped to the total price of any goods or services subject of the liability;
(c) our liability is limited to the extent that you contributed to the liability;
(d) we will not be liable to any claim commenced later than 6 months after you had become aware of the facts giving rise to it; and
(e) our liability is subject to your duty to mitigate your loss.
8.9 All of the above subclauses are cumulative to one another.
9.1 You agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, sponsors, and other third-party partners (“Released Parties”) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, now and in the future (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with the Platform. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
10.1 You agree to indemnify, defend and hold all the Released Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of these Terms, (b) your use, misuse, or abuse of our Platform, (c) Your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in anything that violates these Terms or a policy. You agree to promptly notify us of any third party Claims, cooperate with all Released Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, legal fees). You agree not to settle any Claim without our prior written consent.
11.1 These Terms terminate automatically if we cease to operate the Platform for any reason.
11.2 You acknowledge and agree that:
(a) we may terminate your access to the Platform at any time without giving any explanation.
(b) we may terminate these Terms immediately by notice to you in writing if you are deemed to breach these Terms or associated policies in any way, in our sole discretion.
(c) Termination of these Terms or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
12.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
12.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
12.3 These Terms are governed by the laws of NSW, Australia and each party submits to the jurisdiction of the courts of that State and all courts of appeal therefrom.
12.4 Any waiver of any term on these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.