Terms & Conditions.

Website Use Terms and Conditions – Adzurra Pty Ltd

Welcome to our website. This website with URL address, adzurra.com is owned and operated by Adzurra Pty Ltd (“the Adzurra Platform” ACN 621 572 665). Should you continue to use this website and mobile application (known as our “Service”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Adzurra Pty Ltd’s relationship with you in connection with our Service. Should you not agree with any of these terms and conditions, please do not use our Service.

The term ‘Adzurra Pty Ltd’ or ‘us’ or ‘our’ or ‘we’ refers to Adzurra Pty Ltd, the owner of the Service, based in Queensland, Australia. The term ‘you’ or ‘your’ refers to the Service user and fashion brands, including eCommerce and bricks and mortar, utilising the Service. The “user” refers to consumers.

We reserve the right at our sole discretion, to change, modify or otherwise alter these Terms at any time, without reference or notification to users. You must review Adzurra’s Terms and Conditions annually to keep themselves informed of any changes.

Any new features or tools which are added to the Adzurra Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Adzurra Platform following the posting of any changes constitutes acceptance of those changes.

 

Section 1 – Online Access
  1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.
  2. You may not use our product for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but limited to copyright laws).
  3. You must not transmit any worms or viruses or any code of a destructive nature.
  4. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  5. A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Section 2 – General Conditions
  1. We reserve the right to refuse service to anyone for any reason at any time.
  2. Adzurra created the Adzurra Platform to allow fashion brands (which includes eCommerce, Social Media and Bricks and Mortar brands) have access to direct marketing with a user base that have the buying intent to purchase products subject to compliance with these Terms of Use. In these Terms of Use, fashion brands are referred to as “brands” and the consumers are referred to as “users” or “you” as the context requires.
  3. Any costs associated with purchasing, accessing and using this Application, or any other element of the Adzurra Platform remains your responsibility and are dependant on the service provider used.
  4. You are specifically restricted from all of the following: publishing any Adzurra unauthorised material in any other media; selling sublicensing and/or otherwise commercialising any Adzurra material; publicly performing and/or showing any Adzurra material; using Adzurra in any way that is or may be damaging to Adzurra; using Adzurra in any way that impacts user access to Adzurra; using Adzurra contrary to applicable laws and regulations, or in any way that may cause harm to Adzurra, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Adzurra and using Adzurra to engage in any advertising or marketing unless agreed prior.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
  6. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

Section 3 – Intellectual Property
  1. Adzurra was created to provide shareable content between brands and users. Other than the content that the Brand generates and their own intellectual property such as logos, brand identity material etc, under these Terms, Adzurra and/or its licensors own all the intellectual property, rights and materials contained on this Website and the Mobile Application.

 

Section 4 – Personal Information
  1. You and all brands associated with Adzurra are responsible keeping account names and password secure as well as social media accounts/website that is attached to Adzurra, secure.
  2. Your submission of personal information through the Adzurra Platform is governed by our Privacy Policy.

 

Section 5 – Publishing Content
  1. You must be classified as a ‘brand’ to post content on Adzurra. A brand is classified as a label, eCommerce or bricks and mortar, in the fashion and beauty industry, including drop shipping brands. You cannot post content simply as a User.
  2. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
  3. In this Website and associated Mobile Application (“Terms and Conditions, “Terms of Use”) shall mean any audio, video text, images, or other material you choose to display on Adzurra and other related platforms connected to Adzurra. By displaying your content, you grant Adzurra a non-exclusive, worldwide, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
  4. Brands must not create or submit unwanted emails to any Adzurra users and Users must not submit any harassing communications, comments or other forms of commercial communications to Brands.
  5. Your content must be your own and must not be invading any third party’s rights. Adzurra reserves the right to remove any of your content at any time without notice.
  6. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service.
  7. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Adzurra terms.

 

Section 6 – Representations and Warranties

Your use of the Adzurra Platform is subject to the following terms and conditions:

  1. The content on the Adzurra Platform is for your general information and use only. It is subject to change without prior notice.
  2. The Service, including but without limitation to Adzurra content, is provided on an “as is”, “as available” and “with all faults” basis. Neither Adzurra nor its employees, managers, officers or agents, known collectively as “Adzurra parties” make any representations or warranties or endorsements of any kind whatsoever express or implied as to: (a) service (b) the Adzurra content (c) user content or (d) security associated with the transmission of information to Adzurra or via the Service.
  3. In addition, the Adzurra parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quite enjoyment, system integration and freedom from computer virus.
  4. Adzurra parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. The Adzurra parties do not make any representations or warranties that the formation (including any instructions) on the Service is accurate, complete or useful. You acknowledge that that your use of the Service is at your sole risk.
  5. The Adzurra parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the Adzurra parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to you and these Terms of Use.
  6. By accessing or using the Service, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
  7. The Adzurra parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise) injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
  8. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: date of birth, sex and address.
  9. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

 

Section 7 – Limitation of Liability
  1. In no event shall Adzurra, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this website or associated mobile application whether such liability is under contract.  Adzurra, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of our Service.
  2. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Service meet your specific requirements.
  3. Our Service contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website and mobile application. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  4. Under no circumstances will the Adzurra parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly  or indirectly related to (a) the Service (b) Adzurra’s content (c) user content (d) your use of, or performance of the Service (e) any action taken in connection with an investigation by the Adzurra parties or law enforcement authorities regarding our or any other party’s use  of the Service (f) any action taken taken in connection with copyright or other intellectual property owners (g) any errors or omissions in the Services operation.
  5. You agree that in the event you incur any damages, losses or injuries that arise of Adzurra’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the Adzurra parties and you will have no rights to restrain development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service or other content owned or controlled by the Adzurra parties.
  6. By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown and unsuspected as Adzurra is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against such third parties.
  7. All trademarks reproduced on the Adzurra Platform, which are not the property of, or licensed to us, are acknowledged on the website.
  8. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
  9. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
  10. Your use of this website and any dispute arising out of your use of it is subject to the laws of Queensland.
  11. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
  12. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
  13. These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
  14. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
  15. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
  16. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
  17. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

Section 8 – Accuracy, completeness and timeliness of information
  1. We are not responsible if information made available on the Adzurra Platform is not accurate, complete or current. The material on the Adzurra Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
  2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Section 9 – Modification to the Service and Prices
  1. Prices for our Services are subject to change without notice.
  2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
  3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Section 10 – Accuracy of billing and account information
  1. We reserve the right to cancel or change any accounts you may have on the Adzurra Platform. In the event, that we may cancel or change your account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the account was made.
  2. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Adzurra platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
  3. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  4. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Section 10 – User comments, feedback and other submissions
  1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Section 11 – Errors, Inaccuracies and omissions
  1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information in the Service or on any related website is inaccurate at any time without prior notice.
  2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website or mobile application, should be taken to indicate that all information in the Service or on any related website or mobile application has been modified or updated.

 

Section 12 – Indemnification
  1. You agree to indemnify, defend and hold harmless Adzurra Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Section 13 – Severability
  1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 14 – Termination
  1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
  2. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

Section 15 – Entire Agreement
  1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service)
  2. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Section 16 – Assignment
  1. Adzurra is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

Section 17 – Contact Information
  1. Questions about the Terms of Service should be sent to us at info@adzurra.com.