TERMS AND CONDITIONS
1.1 Welcome to kingstreetperth.com. The following terms and conditions (Terms) as set out below will apply to all services provided by King Street Precinct Pty Ltd trading as The King Street Precinct (KSP), including but not limited to the Website, Social Media pages and products sold on the Website (the Services). In these Terms, “we” “us” and “our” refers to KSP.
1.2 We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Website. Your subsequent or continued use of the Services will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Services.
1.3 Access to the Website is available to all users. However, in order to access some of the Services, you must create an account. Creating an account on the Website is free.
1.5 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.
1.6 On registration, you will become a member (Member) of the Website and have access to the Services. You are responsible for maintaining the confidentiality of any passwords associated with your account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (including unauthorised use of your credit card).
1.7 We reserve the right to terminate your account at any time if you breach these Terms including if we believe you are abusing the Services in any way.
1.8 You must not use the Services:
a. in breach of any applicable laws or regulations;
b. to transmit (or authorise the transmission of) junk mail, chain letters, unsolicited emails, instant messaging, or spam;
c. to impersonate any person or entity;
d. to solicit money, passwords or personal information from any person;
e. to harm, abuse, harass, stalk, threaten or otherwise offend others; or
f. for any unlawful purpose.
1.9 You 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) that:
a. is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
b. contains, promotes, or provides information about unlawful activities or conduct;
c. is, 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;
d. includes an image or personal information of another person or persons unless you have their consent;
e. poses or creates a privacy or security risk to any person;
f. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; or
g. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
1.10 By uploading, transmitting, posting or otherwise making available to KSP any Material including via the Website or Social Media pages, You:
a. grant KSP a non-exclusive, worldwide, royalty-free, transferable, perpetual licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
b. warrant that you have the right to grant the above mentioned licences;
c. warrant 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.
1.11 We reserve 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; and
b. monitor use of the Website, 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.
1.12 We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Website or Social Media Pages by any person 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 Website or Social Media Pages 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 person other than us.
1.13 You acknowledge that KSP reserves the right to refuse service and or access to its Services to anyone for any reason whatsoever.
1.14 By using our Services, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Services with legal parental or guardian consent
2. THIRD PARTY WEBSITES
2.1 Our Services may link to third party websites or social media pages which are not owned or operated by KSP. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.
3. LIMITATION OF LIABILITY
3.1 You acknowledge that KSP will not be subject to, nor incur, and release KSP from, any loss, claim, action, or liability for consequential loss or damage to you or any third party, including any loss of business, revenue, profits, non delivery, conduct or things done, permitted or omitted in relation to providing of the Services including but not limited to by use of the Website.
3.2 You acknowledge that to the extent permitted by law (including the Australian Consumer Law) KSP’s liability is strictly limited to the provision of the Services again or the payment of the cost of having the relevant Services being provided again at the option of KSP.
3.3 You acknowledge that any statement made by KSP in relation to the characteristics and potential application of the Services are made in good faith to assist you and KSP will not be bound or held to those representations whatsoever.
4. WARRANTIES & DISCLAIMER
4.1 You acknowledge that KSP does not represent or warrant that the Services are free from:
a. any omission, error or inaccuracy in information provided on or through the Website, including information provided by third parties;
b. downtime or periods where the Website is unavailable or failure in whole or in part, of any function on the site to perform any actions; or
c. any unauthorised access to the Website or the information retained on the Website.
4.2 The information as contained on the Website and Social Media Pages is provided on an as is basis with no warranty express or otherwise implied relating to the accuracy, fitness for purpose, compatibility or warranty as to their security.
5.1 You indemnify and will at all times keep KSP indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any breach of any use of the Services.
6. INTELLECTUAL PROPERTY
6.1 You acknowledge that all intellectual property of KSP such as trademarks, trade names, patents, registered designs and any other form of intellectual property rights derived from aesthetics or functionality of the Services or any other material as may be provided by KSP remains the property of KSP.
6.2 You warrant that you are entitled to use any intellectual property used by you in relation to the Services, including content provided to KSP to display on the Website and Social Media Pages.
6.3 You indemnify and will at all times keep KSP indemnified against any action, claim, suit or demand, including a claim, suit or demand for or liability to pay compensation or damages and costs or expenses arising out of or in respect of any breach of any third party's intellectual property rights.
6.4 You must immediately notify KSP of any claim, demand, threat or notice of proceedings against the Member relating to any breach of intellectual property rights.
6.5 You agree to assign copyright in all original content that you post on the Website and Social Media Pages and agree to formally record such assignments when required.
6.6 If you upload photographs, audio or video recordings of yourself, you consent to give KSP the right to use these photographs and recordings in the production of KSP Material. You will further allow KSP the right to use or reproduce your likeness in whole or in part for publicity or broadcast purposes as they reasonably see fit.
6.7 If you upload content, you agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of such Content in relation to defamation, breach of copyright, infringement of trade marks or names of publication titles, unfair competition, trade practices, royalties, violation of rights or privacy. You further warrant that the Content complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities to us, our business partners. If you post materials to or links from the Website or Social Media pages that infringe any third party rights, you will indemnify KSP against any loss, liability, damage, cost (including KSP’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the KSP Website or Social Media pages .
7.1 We undertake to take all due care with any information which you may provide to us when accessing the Services. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. We do not warrant or represent that the Website or the Services will not be subject to unauthorised access.
8.1 These Terms are the complete and conclusive statement of the agreement between you and KSP in relation to the Services provided by KSP to You. These Terms may not be varied, amended, waived, altered, supplemented, modified or added to, without the express written agreement of KSP.
8.2 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.
8.3 The failure of KSP 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 KSP to enforce each and every provision of these KSP. A waiver of a power or right will be ineffective unless in writing and executed by KSP.
8.4 These Terms shall take effect and be construed in all respects in accordance with the laws of the State of Western Australia. The parties irrevocably submit to the jurisdiction of the State of Western Australia for all proceedings arising in connection with these Terms.