Terms and Conditions

YOUR AGREEMENT

By selecting “I Agree” below, you agree to these Terms and Conditions, including the DirtyLaunderette.com Privacy Policy which is specifically incorporated into these Terms and Conditions. You are only authorised only to use the DirtyLaunderette.com website if you agree to abide by all applicable laws and to these Terms and Conditions. Please read these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, please do not use the DirtyLaunderette.com website.

These Terms and Conditions constitute a binding agreement between DirtyLaunderette.com and you governing your use of the Website. These Terms and Conditions may be updated by DirtyLaunderette.com from time to time without notice to you. By selecting “I Agree” below, you agree to be bound by any amendment to these Terms and Conditions from the date such amendment is published on the DirtyLaunderette.com website.

DEFINITIONS

“Account” means a User account established on the DirtyLaunderette.com website;

“DirtyLaunderette.com” means Dirtylaunderette Pty Ltd ACN 126 907 346 trading as DirtyLaunderette.com;

“DirtyLaunderette.com IP” means all copyright, trade mark rights, patent rights, design rights or any other intellectual property rights owned by or licensed to DirtyLaunderette.com in respect of the DirtyLaunderette.com website, including without limitation all text, graphics, and photos created by and for DirtyLaunderette.com, all interactive features of the DirtyLaunderette.com website and all software, source and object code, scripts, records, documents, specifications, plans, program listings, calculations, menus, recipes, drawings, trademarks, service marks and logos;

“Personal Information” means any personally identifiable information of a User, including without limitation Account name, family name, street address, telephone number, email address, URL or any User Contribution;

“Privacy Policy” means the privacy policy published on the DirtyLaunderette.com website and incorporated into these Terms and Conditions, as amended from time to time;

“User” means an authorised user of the DirtyLaunderette.com website;

“User Contribution” means any idea, suggestion, opinion, comment or observation made by any User, and any text, data, photograph, video, music, sound, chat, message, file or other material provided to DirtyLaunderette.com by a User;

“User IP” means, in relation to a particular User, all copyright, trade mark rights, patent rights, design rights or any other intellectual property rights of that User, including without limitation any User Contribution and all text, graphics, photos, software, source and object code, scripts, records, documents, specifications, plans, program listings, calculations, menus, recipes, drawings, trademarks, service marks and logos of that User.

INTERPRETATION

1. Headings are for ease of reference only and do not affect the meaning of these Terms and Conditions.

2. Reference to a party in these Terms and Conditions includes that party’s executors, administrators, successors and permitted assigns 1and if more than one, includes those persons jointly and each of them severally, their respective executors administrators and assigns.

3. The singular includes the plural and vice versa and words importing a gender include other genders.

4. Reference to a document or agreement, including these Terms and Conditions, includes a reference to that document or agreement as novated, altered or replaced from time to time.

5. Reference to “$”, “$A”, “dollar” “AUD” or “A$” is a reference to Australian currency.

6. Words importing the whole of the matter or thing include a part of the matter or thing.

7. Words and expressions importing natural persons include partnerships, bodies corporate, associations (whether incorporated or not), firms, 1joint ventures, trusts, authorities, governments and governmental, 1semi-governmental and local authorities and agencies.

8. Reference to any legislation or statutory instrument or regulation is construed in accordance with the Acts Interpretation Act 1901 (Cth) or the equivalent State legislation, as applicable, and 1includes a reference to an enactment, amendment or consolidated statute and any enactment substituted for the enactment 1and all legislation and statutory instruments issued under, such legislation or provision.

9. Reference to writing includes typewriting, printing, lithography, photography and any other method of representing or reproducing words, figures or symbols in a permanent and visible form, including without limitation facsimile or e-mail transmission.

ACCESS TO WEBSITE

10. DirtyLaunderette.com hereby agrees to grant to you the right to access and use the DirtyLaunderette.com website on these Terms and Conditions and particularly subject to your agreement to comply with your obligations as set forth below.

YOUR OBLIGATIONS

11. You hereby represent and warrant that you are:

(a) of legal age, in the jurisdiction where you live, to form a binding contract; and

(b) fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein and to abide by and comply with these Terms and Conditions; and

(c) not prohibited or restricted by any law from accessing or using the DirtyLaunderette.com website.

12. You hereby agree and covenant that you will:

(a) use the DirtyLaunderette.com website solely for your personal or domestic and non-commercial use;

(b) not copy, publish or distribute the DirtyLaunderette.com website or any part thereof in any form or in any medium whatsoever without the prior written approval of DirtyLaunderette.com;

(c) not alter or modify any part of the DirtyLaunderette.com website other than as permitted for its intended use;

(d) not use the Account of another User without the express written permission of both the User and DirtyLaunderette.com;

(e) not delete, add to or otherwise change any DirtyLaunderette.com website content, including without limitation any User Contribution of another User, unless you have been granted the privileges to do so;

(f) provide, subject to the Privacy Policy, complete and accurate information when requested or required to do so by DirtyLaunderette.com, whether through its website or otherwise;

(g) update your registration information as soon as practicable after any change to it;

(h) accept sole responsibility for all activity that takes place in respect of your Account;

(i) keep your Account password secure at all times;

(j) notify DirtyLaunderette.com immediately of any unauthorised use of your password or Account, or any other breach of website security;

(k) not use or launch any automated system, including without limitation, "robots," "spiders," or other similar devices or programs, to access the DirtyLaunderette.com website;

(l) not collect, use or transmit any Personal Information;

(m) not use the communication systems provided by the DirtyLaunderette.com website for any commercial solicitation purposes, including without limitation the solicitation, for commercial purposes, of any User;

(n) not use, copy, reproduce, distribute, transmit, broadcast, display, sell, licence or otherwise exploit:

(i) for any purpose whatsoever, any DirtyLaunderette.com IP without the express written permission of DirtyLaunderette.com;

(ii) for any commercial purpose, any User Contribution;

(o) not circumvent, disable or otherwise interfere with security features of the DirtyLaunderette.com website, including without limitation features that:

(i) prevent or restrict use or copying of any DirtyLaunderette.com IP or User IP; or

(ii) enforce limitations on use of the DirtyLaunderette.com website;

(p) accept all risks related to your use of any User Contribution, including any reliance on the accuracy, completeness, or usefulness of such User Contribution;

(q) be solely responsible for your own User Contributions and the consequences of posting or publishing them;

(r) respect the legal rights of DirtyLaunderette.com, the persons connected with DirtyLaunderette.com and other Users;

(s) adhere to generally accepted standards of on-line etiquette and behaviour;

(t) not upload, post, email or otherwise transmit any User Contribution that:

(i) is libelous, defamatory, pornographic, sexually explicit, unlawful or plagiarized;

(ii) infringes or violates any patent, copyright, trademark, trade secret or other property right;

(iii) a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;

(iv) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;

(v) violates or encourages others to violate any applicable law, statute, ordinance or regulation;

(vi) promotes software or services that deliver unsolicited e-mail; or

(vii) contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;

(u) not use the DirtyLaunderette.com website to:

(i) engage in commercial activities;

(ii) harm minors in any way;

(iii) solicit personal information from anyone under the age of 18; or

(iv) provide false or deceptive information to any person;

(v) not allow usage by others that violates these Terms and Conditions; and

(w) otherwise comply with these Terms and Conditions in all respects.

INTELLECTUAL PROPERTY

13. All DirtyLaunderette.com IP is subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. DirtyLaunderette.com reserves all rights not expressly granted in and to the DirtyLaunderette.com website and the DirtyLaunderette.com IP.

14. Subject to clause 18, you retain all of your ownership rights in your User IP. However, by submitting a User Contribution to the DirtyLaunderette.com website, you grant DirtyLaunderette.com, its successors and assigns a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Contribution or derivative works, including without limitation for promoting and redistributing part or all of the DirtyLaunderette.com website (and derivative works thereof) in any media now known or hereafter developed. The licence so granted by you in respect of a User Contribution terminates once you remove or delete such User Contribution from the DirtyLaunderette.com website

15. DirtyLaunderette.com, in its sole discretion, may remove any User Contribution, or terminate the account of any User, for infringing the intellectual property rights of others.

16. If you believe that your User IP has been infringed, you should contact the DirtyLaunderette.com website administrator immediately.

SUBMISSION OF USER CONTRIBUTIONS

17. DirtyLaunderette.com may, in its sole discretion, select your User Contribution for promotion and use.

18. If your User Contribution is selected for promotion and use by DirtyLaunderette.com, you agree:

(a) to assign to DirtyLaunderette.com, including its subsidiaries and affiliates, all right, title and interest in the User IP pertaining to such User Contribution, including the right to assign or sublicense such rights;

(b) not to use, or allow any person other than DirtyLaunderette.com, its subsidiaries and affiliates to use, such User Contribution or any derivative works thereof;

(c) to waive any and all moral rights that you may have in respect of your User Contribution;

(d) not to use DirtyLaunderette.com blogs to promote:

(i) the User Contribution or any entity promoting it; or

(ii) products and services of any entity that operates in competition with DirtyLaunderette.com;

(e) that DirtyLaunderette.com, its subsidiaries and affiliates may:

(i) reproduce the User Contribution;

(ii) alter the User Contribution in any way whatsoever;

(ii) distribute and sell goods bearing the User Contribution;

(iii) make derivative works of the User Contribution;

(iv) use the User Contribution on the DirtyLaunderette.com website; and

(v) register the User Contribution in accordance with relevant legislation in any jurisdiction, while acknowleding you as the Author.

19. You hereby represent and warrant that your User Contribution:

(a) is your original work;

(b) has not been published previously; and

(c) does not comprise or contain:

(i) any trademark, logo, design, copyright material or other intellectual property belonging to any third party;

(ii) any material that DirtyLaunderette.com, in its sole discretion, deems to be profane, obscene, offensive or otherwise unacceptable.

20. You acknowledge that DirtyLaunderette.com reserves the right in its sole discretion to decline to accept any User Contribution, or to remove any User Contribution after acceptance.

21. Fees paid for User Contributions that are selected by DirtyLaunderette.com for publication and use are published on the Prizes page of the DirtyLaunderette.com website. Such fees may be amended by DirtyLaunderette.com from time to time without notice to you, and any amendments to such fees shall take effect from the date of publication on the DirtyLaunderette.com website.

22. DirtyLaunderette.com does not endorse any User Contribution or make any guarantee regarding the reliability, accuracy, quality or confidentiality of any User Contribution.

PRINTING OF USER CONTRIBUTIONS; AWARDING OF PRIZES

23. You acknowledge that print runs and prize allocation are at the sole discretion of DirtyLaunderette.com. DirtyLaunderette.com reserves the right in its sole discretion to refrain from printing any design.

24. The design on physically delivered products may vary in colour, size, shape or perspective from the design as displayed on the DirtyLaunderette.com website, due to the printing process.

EXCLUSION OF WARRANTIES

25. You hereby agree that your use of the DirtyLaunderette.com website shall be at your sole risk.

26. To the fullest extent permitted by law, DirtyLaunderette.com and any parent, subsidiary, affiliate, director, officer, employee, agent, licensor, supplier and distributor of DirtyLaunderette.com hereby disclaim all warranties in connection with the DirtyLaunderette.com website and your use thereof.

27. Neither DirtyLaunderette.com nor any parent, subsidiary, affiliate, director, officer, employee, agent, licensor, supplier or distributor of DirtyLaunderette.com makes any warranty or representation regarding the accuracy or completeness of the content of the DirtyLaunderette.com website or any website linking to the DirtyLaunderette.com website.

LIMITATION OF LIABILITY

28. To the fullest extent permitted by law, neither DirtyLaunderette.com nor any parent, subsidiary, affiliate, director, officer, employee, agent, licensor, supplier or distributor of DirtyLaunderette.com shall be liable for any direct, indirect incidental special, punitive or consequential damages resulting from:

(a) any error, mistake or inaccuracy in the content of the DirtyLaunderette.com website or any material contained thereon or submitted thereto;

(b) any personal injury or property damage resulting directly or indirectly from your use of the DirtyLaunderette.com website;

(c) your use of or inability to use the DirtyLaunderette.com website;

(d) any unauthorised access to or use of the DirtyLaunderette.com servers and any information stored therein;

(e) the loss, corruption or unavailability of User files, data or User Contribution;

(f) unauthorised access, retrieval, duplication, modification or deletion of User files or data;

(g) any delay, interruption or failure in connection to or from the DirtyLaunderette.com website;

(h) any viruses, worms or other computer system threats that may affect or be transmitted through the DirtyLaunderette.com website;

(i) loss or damage of any kind resulting from the use of any content made available via the DirtyLaunderette.com website;

(j) the variation in colour, size, shape or perspective of the design printed on any physical product from the design as displayed on the DirtyLaunderette.com website;

(k) any breach by you of the obligations set out in clauses 11 and 12; or

(l) any breach of warranty;

arising from any cause whatsoever, whether or not DirtyLaunderette.com or any of its directors, shareholders, employees, agents, licensors, resellers or distributors has been negligent or has been advised of the possibility of such damages or of any third party claim.

29. DirtyLaunderette.com accepts no liability for the content of User Contributions or for the defamatory, offensive or illegal conduct of any third party.

30. DirtyLaunderette.com will not be a party to, and accepts no liability or responsibility in connection with, any transaction between you and third party providers of products and/or services, or your use of any third party website.

INDEMNITY

31. You agree to defend, indemnify and hold harmless DirtyLaunderette.com and any parent, subsidiary, affiliate, director, officer, employee, agent, licensor, supplier and distributor of DirtyLaunderette.com from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

(a) your use of and access to the DirtyLaunderette.com website;

(b) your violation of any term of these Terms and Conditions;

(c) your violation of any third party right, including without limitation any copyright, property, or privacy right; and

(d) any claim that a User Contribution of yours caused damage to a third party.

32. You agree that the indemnity in clause 31 will survive these Terms and Conditions and your use of the DirtyLaunderette.com website.

TERMINATION OF ACCESS

33. DirtyLaunderette.com reserves the right, immediately and without prior notice to you, to terminate your DirtyLaunderette.com account and your access to the DirtyLaunderette.com website and other DirtyLaunderette.com services, including without limitation for the following causes:

    1. breaches or violations of these Terms and Conditions;

    2. requests for such termination by law enforcement or other government agencies;

    3. discontinuance or material modification to the DirtyLaunderette.com website (or any part thereof) pursuant to clause 36;

    4. technical or security issues or problems;

    5. extended periods of inactivity;

    6. engagement by you in any fraudulent or illegal activity;

    7. nonpayment of any fees or charges owed by you;

    8. belief by DirtyLaunderette.com that the registration information supplied by you is not complete, current or accurate; or

    9. your request for such termination.

34. Termination of your DirtyLaunderette.com account will include:

    1. removal of access by you to all pages within the DirtyLaunderette.com website;

    2. deletion of your password; and

    3. deletion of your account-related files, materials and User Contributions, except that DirtyLaunderette.com reserves the right to retain, subject to our Privacy Policy, certain registration information supplied by you.

35. You agree that all terminations for cause shall be made in the sole discretion of DirtyLaunderette.com, who shall not be liable to you or to any third party for such termination.

AMENDMENT OF WEBSITE; TERMS AND CONDITIONS

36. DirtyLaunderette.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the DirtyLaunderette.com website (or any part thereof) with or without notice. DirtyLaunderette.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the DirtyLaunderette.com website.

37. DirtyLaunderette.com reserves the right to amend unilaterally these Terms and Conditions. Any such amendment will be published on the DirtyLaunderette.com website and will be effective immediately upon such publication.

NOTICES

38. Every notice or demand hereunder shall be in writing and may be given or made by personal delivery, post, facsimile or e-mail transmission to the last notified address of the recipient. All notices or demands where made by facsimile or e-mail shall be confirmed by letter delivered or posted as soon as practicable after original transmission.

GENERAL

39. If any provision of these Terms and Conditions is or becomes void, illegal or unenforceable for any reason whatsoever then such provision shall be severed from these Terms and Conditions which shall otherwise continue to be valid and operative.

40. Failure to exercise or delay in exercising any right hereunder shall not operate as a waiver of that right nor shall any single or partial exercise of any right preclude any further or other exercise of that right or any other right.

41. These Terms and Conditions shall be governed by 1and construed in accordance with the Law applicable in Queensland, Australia and the parties 1irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland 1and any courts which may hear appeals from those courts.