BAR/D UP WEBSITE TERMS & CONDITIONS

1. INTRODUCTION

Welcome to the BAR/D UP website (“Site”). This Site is owned by BAR/D UP Pty Ltd (“BAR/D UP”).

By accessing or using the Site you become a user of the Site (“User”). As a User of the Site you agree that you have read and understood these Terms & Conditions and you agree to be bound by these Terms & Conditions (“Agreement”).

BAR/D UP reserves the right to alter, modify, add to, or change in any way, any provision of these Terms & Conditions and may, in its absolute discretion, limit or expand the services available via the Site without giving prior notice to the Users.

2. PROPRIETARY RIGHTS IN THE SITE

2.1. All materials on the Site including, but not limited to, underlying software, code, design, text, graphics, video footage, sound recordings, musical works and other files are owned by, or licensed to BAR/D UP (“BAR/D UP Materials”). All rights are reserved.

2.2. No User shall be entitled to modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell any BAR/D UP Materials, in whole or in part, without the prior written consent of BAR/D UP.

2.3. All Trade Marks, logos, trade dress and service marks on the Site are either unregistered Trade Marks or registered Trade Marks owned by BAR/D UP or owned by third parties that have authorised such use and may not be copied, imitated, or used, in whole or in part, without the prior written consent of BAR/D UP or the relevant owner.

3. NO WARRANTIES

3.1. The Site is provided on an “as is” basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Site for a particular use; and/or that access to, or use of the Site will be uninterrupted and error-free; and/or that the Site be secure and/or free of viruses or other harmful material or elements; and/or that any of the BAR/D UP Materials will be correct, accurate, timely or complete.

3.2. The BAR/D UP Materials may include technical inaccuracies or typographical or other types of errors. BAR/D UP has the right to make changes, modifications and updates to any BAR/D UP Materials without prior notice.

4. PRIVACY

4.1. This Clause explains the personal information protection practices of BAR/D UP.

4.2. BAR/D UP is committed to protecting its User’s privacy, and will not use any information which it collects in connection with the Site or its Users other than as disclosed herein.

4.3. BAR/D UP collects personal information from its Users when the User provides such information to BAR/D UP via the Site or in another form.

4.4. BAR/D UP uses personal information from its Users primarily for the purposes of promoting BAR/D UP’s business, as well as related products and events.

4.5. Users may opt out of future correspondence by unsubscribing from BAR/D UP’s e-mails.

4.6. BAR/D UP will use its best efforts to ensure that any personal information collected by BAR/D UP will not be disclosed to third parties unless it is required to do so by law or other regulation.

4.7. The User agrees that information they have entered into the Site shall be stored in BAR/D UP database. While BAR/D agrees not to disclose personal information to any third party other than in accordance with this Clause, BAR/D UP shall not be held responsible for the consequences of any third party hacking attempts that may result in User information being disclosed.

4.8. A User is entitled to request access to personal information held by BAR/D UP that belongs to that User. It is the User’s responsibility to keep their information up to date at all times.

4.9. BAR/D UP reserves the right to alter, modify, add to or change in any way, this Clause in its absolute discretion without giving prior notice to Users.

4.10. If you have any questions about BAR/D UP’s Privacy Policy please contact us at: info@bardup.com.au

5. LINKS TO EXTERNAL WEBSITES

5.1. Through this Site the User is able to link to other third party websites which are not under the control of BAR/D UP. BAR/D UP has no control over the nature, content and availability of those external websites. The inclusion of any links on the Site does not imply a recommendation or endorsement of the goods and services, or opinions contained within any third party websites.

6. DISCLAIMER

6.1. Subject to the provisions of the Competition and Consumer Act 2010 (Cth) (Consumer Act), disclaims all liability and makes no guarantees, representations or warranties in respect of the information and BAR/D UP Materials on the Site.

6.2. For the avoidance of doubt, BAR/D UP is in no way responsible for;
(a) the conduct and behaviour of any User, whether on the Site or otherwise;
(b) any incorrect or inaccurate content on the Site;
(c) any person who appears in any BAR/D UP Materials (including but not limited to videos or
(d) photographs); or the consequences of any malfunction of any equipment or programming associated with the operation of the Site.

6.3. There may be times when the Site is temporarily unavailable to the User due to maintenance or any to other reason beyond the control of BAR/D UP. In the event that the Site is unavailable BAR/D UP is in no way responsible for any loss or damage suffered by any User resulting from such unavailability.

6.4. Under no circumstances will BAR/D UP be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from the User’s use of the Site, or any interactions between Users, whether occurring on the Site or otherwise.

6.5. Users acknowledge that the people who appear in any BAR/D UP Materials (including but not limited to videos or photographs) have given their consent (express or implied) to appear in such materials, however they do not necessarily endorse or recommend the products or services featured in such materials.

7. USER WARRANTIES

7.1. THE USER WARRANTS THE FOLLOWING:

(a) THAT BAR/D UP SHALL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM THE USER’S USE OF THE SITE; AND

(b) THAT THE USER WILL NOT HOLD BAR/D UP RESPONSIBLE FOR OTHER USERS’ ACTS OR OMISSIONS, INCLUDING ANYTHING IN CONNECTION WITH THE BAR/D UP MATERIALS.

7.2. THE USER AGREES THAT BAR/D UP HAS NO CONTROL OVER, AND DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF THE COMMUNICATIONS, BAR/D UP MATERIALS, AND THE ACCURACY OF INFORMATION CONTAINED ON THE SITE.

8. INDEMNITY

8.1. The User indemnifies BAR/D UP, and holds its officers, directors, employees and licensors harmless from any and all claims, demands and damages (including but not limited to legal fees) made by a third party due, to or arising from, or related to the User’s breach of these Terms & Conditions, violation of any laws or regulations, or third party rights, or arising from the User’s acts or omissions.

8.2. The User indemnifies BAR/D UP, and holds its officers, directors, employees and licensors harmless from any and all claims, demands and damages (including but not limited to legal fees) made by a third party in the event that any content or information contained on the Website is incorrect or in any way misleading.

8.3. Should BAR/D UP in its sole discretion, determine that any party has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

9. ASSIGNMENT

9.1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of. BAR/D UP reserves its right to assign the provisions of these this Agreement at any time.

10. GOVERNING LAW AND JURISDICTION

10.1 These Terms & Conditions and the access and use of the Site shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Site, the User accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Site shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Site, Users hereby submit to the jurisdiction of such courts for such purposes.

10.2 Users are solely responsible for compliance with any applicable laws of the country from which they access this Site.