By accessing or otherwise using http://yoursocialhustle.com or any other site which carries the Your Social Hustle branding (Website), you agree to be bound by these terms and conditions of use (Terms). The Website is owned and operated by The Clear Group Australia Pty Ltd (Your Social Hustle). You acknowledge that Your Social Hustle provides access to the Website to you subject to these Terms.
If you are using the Website on behalf of a company or other group or association of people, you are bound individually by these Terms.
1 In order to become registered to use the Website and set up your personal profile, you must complete all the details in the registration form in accordance with the instructions on the Website, including details of the organisation you are from.
2 Upon acceptance of the registration by Your Social Hustle, you will be issued a user name and password in order to use the Website. Your Social Hustle may refuse to register any person without giving a reason for such refusal. The profile that you create on the Website will become part of the Website and, except for any information you upload and licence to Your Social Hustle, is owned by Your Social Hustle.
3 Your Social Hustle will set up a personalised domain name for you, by which you will access your profile on the Website. Your Social Hustle will endeavour to set up the domain name requested by you in your registration form, however Your Social Hustle makes no guarantee that your preferred domain name will be available. Your Social Hustle may, in its sole discretion, refuse to register a domain name requested by you.
4 You agree to pay Your Social Hustle the monthly subscription fee if you wish to set up a profile on the Website, which may be subject to additional taxes. You also agree to pay Your Social Hustle any additional fees which arise if you purchase any add-ons which Your Social Hustle offers on the Website, either on a one-off basis or as a monthly subscription, or as a result of any additional services you request from Your Social Hustle.
5 Your Social Hustle will notify you in advance if the cost of the monthly subscription fees or any add-ons will change. If you do not wish to pay the revised fees, you may cancel your subscription by giving notice to Your Social Hustle in accordance with these Terms. If you do not give notice that you wish to cancel your subscription, the revised fees will take effect for the next month of your subscription after Your Social Hustle notifies you of the change.
6 You agree that failure to pay any fees owing to Your Social Hustle may result in termination of your subscription.
7 You agree to Your Social Hustle storing your payment details.
8 Access to the Website is password protected. You must memorise your password or store your password in a safe and secure place. Do not disclose your password to anyone or allow any other person to access or use your account.
9 Your Social Hustle is entitled to amend, add or remove any part of these Terms at any time by notifying you of the changes, and requiring you to accept those changes, before you use or continue using the Website. If you do not wish to accept the revised Terms, you may cancel your subscription by giving notice to Your Social Hustle in accordance with these Terms. If you accept the updated Terms, you agree to abide by and be bound by these Terms, as amended.
10 Unless indicated otherwise, all intellectual property in the Website is owned or licensed by Your Social Hustle. Subject to these Terms, Your Social Hustle grants to you a non-exclusive, revocable and non-transferable limited licence to view, download and use information directly accessible through the Website.
11 You agree that, subject to your use of the Website in accordance with the limited licence granted to you, you will not infringe Your Social Hustle’s intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe Your Social Hustle’s intellectual property or other rights. Sharing your profile with third party websites and applications, as is permitted by these Terms, does not infringe Your Social Hustle’s intellectual property or other rights.
12 Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
13 Your Social Hustle does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. Your Social Hustle does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Your Social Hustle’s control. Your Social Hustle does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
14 To the extent permitted by law, Your Social Hustle makes no representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). Your Social Hustle makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Your Social Hustle which are or may become linked or framed to or from the Website.
15 If you upload or otherwise provide any information or content, including data, text, images, photographs and audio files (Content) in the course of accessing or using the Website, you agree that such Content will be available to Your Social Hustle to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that you will not upload or otherwise provide any Content which:
15.1 is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading or confidential;
15.2 infringes the intellectual or other proprietary interests of third parties;
15.3 impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Your Social Hustle considers to be inappropriate;
15.4 contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms;
15.5 violates any law, statute or regulation;
15.6 forges information to disguise the origin of any Content; and
15.7 encourages or incites any other person to engage in any of the above behaviour.
16 Your Social Hustle will not own any Content you provide. You agree to grant Your Social Hustle a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and all other intellectual property rights in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in Your Social Hustle’s favour.
17 Your Social Hustle may, but is not required to, remove, edit and/or monitor Content from time to time.
18 You may choose, at your own risk, to use applications which connect your profile on the Website with a third party service, website or application, including by use of any interactive plug-ins on the Website. Such applications may interact with or gather Content or data from your profile on the Website. You agree that, by using such applications, you consent to information about your profile on the Website being shared with third parties, including personal information about you.
20 You agree that Your Social Hustle is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these terms, in tort (including negligence) or otherwise arising out of, or in connection, with:
20.1 the use of the Website;
20.2 any Content you upload or otherwise provide;
20.3 the use by Your Social Hustle of information provided by you to Your Social Hustle through the Website;
20.4 being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
20.5 the use of your Website password by you or any third party whom you have made the password available.
21 Your Social Hustle expressly limits its liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the following remedies (the choice of which is to be at Your Social Hustle’s sole discretion):
21.1 in the case of goods, any one or more of the following:
21.2 in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
22 You indemnify Your Social Hustle against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Your Social Hustle, arising from, or which is directly or indirectly, related to:
22.1 your breach or non-observance of any of these Terms;
22.2 any Content you upload or otherwise provide; or
22.3 any breach or inaccuracy in any representations or warranties made to Your Social Hustle.
23 You may establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of Your Social Hustle, provided that you:
23.1 do not in any way infringe Your Social Hustle’s intellectual property or other rights, including by using any of its trade marks without permission;
23.2 do not establish a link on any website which breaches the requirements in clause 15 of these Terms; and
23.3 take down the link immediately if requested to do so by Your Social Hustle.
24 Your Social Hustle may alter any of the content on the Website at any time.
25 You may cancel your subscription to the Website (including any add-ons you have purchased) or an individual add-on at any time by providing notice to Your Social Hustle by email to firstname.lastname@example.org. Cancellation will be effective at the end of the month for which you have paid subscription fees, during which time you may still use the Website.
26 If you breach any provision of these Terms, Your Social Hustle may immediately issue you with a warning, temporarily suspend your subscription or terminate your subscription. If Your Social Hustle suspends or terminates your subscription, you will not be entitled to receive a refund of any subscription fees you have paid in advance.
27 Cancellation or termination of your subscription, for any reason, means that you can no longer access your profile or your personal domain name. Cancellation or termination of an add-on means that you will no longer be able to access the features and use the services provided by that add-on. Any Content or other data you have uploaded or otherwise made available on the Website will not be returned to you and may be deleted by Your Social Hustle. If you do require your Content or data to be returned to you following termination or cancellation of your subscription, Your Social Hustle may do so for an additional fee.
28 These Terms, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia and subject to the exclusive jurisdiction of the courts of the State and any other courts where there is a right of appeal. The Website is available only to people who can form legally binding contracts under applicable law.