Terms of service
INTRODUCTION
These Terms govern the use of Actors Kit (“www.actorskit.com.au”), the materials and information contained within Actors Kit and the related services made available to you via this Site. All terms will be applied to you fully and affect your use of this Website. By accessing or using this Website in any manner, you agree to be bound and accept all terms and conditions written herein. You must not use or visit this Website if you disagree with any of these Website Standard Terms and Conditions. Please read and re-read these Terms of use before any subsequent use. In the event of change(s) made to these Terms of use that you do not agree with, you must immediately stop using the Site.
Minors // people below 18 years old are not allowed to use this Website without the appropriate supervision of a legal parent/ guardian.
GENERAL DISCLAIMER
Actors Kit, its representatives and associated agents are not liable to you or any Actors Kit person for any loss in connection with the use of this Site or a Linked Website. This general disclaimer is not restricted or modified by any specific warning or disclaimer contained in Actors Kit.
EXCLUSION OF LIABILITY AND OVERALL DISCLAIMER
The materials and information provided on this Site and related communications are provided on an “as is” basis. Actors Kit assumes no responsibility for, and makes no representations to you or any of Actors Kit personnel with respect to the accuracy of the information on this Site. Any reference to products or services on this Site is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by Actors Kit.
INTELLECTUAL PROPERTY RIGHTS
Other than the content you own, under these Terms, Actors Kit and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
RESTRICTIONS
You are specifically restricted from all of the following:
- Publishing any Website material in any other media;
- Selling, sublicensing and/or otherwise commercializing any Website material;
- Publicly performing and/or showing any Website material;
- Using this Website in any way that is or may be damaging to this Website;
- Using this Website in any way that impacts user access to this Website;
- Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- Using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you and Actors Kit may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
YOUR ACCOUNT
In consideration of your use of all Actors Kit offers, discounts and promotions, you must represent that you are of legal age and agree to provide true, accurate and current information about yourself as prompted through the Site’s registration. If you do provide details that are untrue, inaccurate, not current or complete, Actors Kit has the right to suspend or terminate your account and refuse all current or future use of the Site. If you use the Site you are entirely responsible for maintaining the confidentiality of your access: including but not limited to, your account registration, password and restricting access for any person(s) of Actors Kit other than yourself, to your computer. You agree that you accept responsibility for any and all activity that occurs under use of your account and password. As a strict security measure, we advise you to exit your account after each use to avoid unauthorised use. Actors Kit reserves the right to terminate, refuse service, or remove or edit content at its sole discretion.
YOUR CONTENT
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Actors Kit a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all forms of media.
Your Content must be your own and must not be invading any third-party’s rights. Actors Kit reserves the right to remove any of Your Content from this Website at any time without notice.
PROHIBITED ACTIVITIES
The content and information on this Site as well as the infrastructure used to provide such consent and information is proprietary to us. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, licence, create derivative works from, transfer, sell or resell any information, software, products or services obtained from or through this Site. You may also not use this Site or its contents for any commercial purpose.
PRIVACY POLICY
It is your responsibility to read and familiarise yourself with the Actors Kit Privacy Policy. To do this, go to the bottom of the Site and click on the Privacy Policy link. You must not use this site if you are under the age of 18 without the consent of your parent or guardian who must read and agree to the Actors Kit Privacy Policy and Terms of use.
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect Actors Kit and/or its users. We will also share your personal data with relevant companies and organisations to the extent necessary for us to perform credit checks and using Actors Kit you consent to us doing so. You should not send any information or material that you consider to be confidential or proprietary, to Actors Kit or any of Actors Kit personnel, through this Site. Any information or material sent to Actors Kit at, or through this Site, is deemed to be not confidential. You are deemed to grant Actors Kit an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this Site. Actors Kit is free to use any ideas, concepts, know-how or techniques that you send to Actors Kit, for any purpose.
COPYRIGHT
You must comply with all proprietary and copyright notices on this Site. This Site is owned by Actors Kit and its associates, and is subject to copyright. The information on this Site is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:
(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site;
(b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or
(c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of Actors Kit.
All trademarks, brands and names appearing on this Site are the property of their respective owners.
Nothing contained on this Site should be construed as granting any licence or right of use of any trademark or part of any trademark displayed on the Site without the express written permission of Actors Kit or the third party owner(s).
YOUR ACTIVITY
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you have engaged in prohibited activities, were not respectful of Actors Kit users, or in any way otherwise violated the Actors Kit Terms of use. Therefore we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
LIMITATION OF LIABILITY
In no event shall Actors Kit, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Actors Kit, 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 this Website.
Subject to any non-excludable provisions of the Act, Actors Kit disclaims liability for all warranties or representations express or implied, in relation to goods or services, or both, referred to in this Site, or offered for sale on this Site by any Third Party. In particular, Actors Kit will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for the loss of profits, goodwill, use, data of Actors Kit intangible losses (even if Actors Kit has been advised of such damages), resulting from use of the Site, content or related services. Product information in relation to products referred to in this Site has been provided by the respective manufacturers of the relevant products. Product information and illustrations is published with the permission of the relevant manufacturer and/or owner of that product.
INDEMNITY
You hereby indemnify to the fullest extent Actors Kit (and it’s officers, directors, agents, subsidiaries, joint ventures and employees) from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms of use or your violation of any law or the rights of a third party.
LINKS AND THIRD PARTY REPRESENTATION ON THIS WEBSITE
The site may contain hyperlinks to websites operated by third parties (“Third Party Sites”). Such links are provided for your convenience. Unless Actors Kit otherwise indicates, Actors Kit does not control Third Party Sites and is not responsible for their content.
For the avoidance of doubt, Actors Kit makes no representations or warranties about any Third Party Site which you elect to access through this Site. Third Party Sites are not under the control of Actors Kit, and Actors Kit is not responsible for the accuracy of any information on any Third Party Site. Actors Kit does not monitor or review the content of any of Actors Kit’s Third Part Websites. You must take your own precautions to ensure that a Third Party Site that you access by link from this Site is free from viruses, worms, Trojan horses and of Actors Kit material of a destructive nature.
SEVERABILITY
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
WHO WE ARE AND HOW TO CONTACT US
Who we are: We are Actors Kit Pty Ltd – a company incorporated and registered in Australia with company number ACN 642 141 915. Our main office is at; 1 Ambitious Link, Bibra Lake, 6163, Western Australia, Australia.
How to contact us: You can contact us at actorskit.com/contact.
How we may contact you: If we have to contact you, we will send an email to the email address you provided to us in your order.
VARIATION OF TERMS
Actors Kit is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
ASSIGNMENT
Actors Kit 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.
GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws in force in New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Australia for the resolution of any disputes.
Nothing contained in these Terms of use derogates from Actors Kit right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to Actors Kit by Actors Kit with respect to that use.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between Actors Kit and you in relation to your use of this Website, and supersede all prior agreements and understandings.
IN GENERAL
If any of these conditions are deemed invalid, void or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Actors Kit may offer special promotional offers, which may or may not apply to your Actors Kit account. You agree to be bound by any additional Terms of use for these special offers. Headings are for reference purposes only and do not limit the scope or context of such section.
Actors Kit does not guarantee it will take action against all breaches of these Terms of use. Except as otherwise expressed in these Terms of use, Actors Kit shall be no third-party beneficiaries to this these Terms of use. These Terms of use constitute the entire agreement between you and Actors Kit and governs your use of the Site, superseding any prior agreements between you and Actors Kit with respect to the Site. In this Site: “Actors Kit” or “www.actorskit.com.au Online Store” means Actors Kit. ABN (71 100 744 007).
“Site” means the whole or any part of the web pages located at www.actorskit.com.au (including the layout of this Site, individual elements of the Site design, underlying code elements of this Site, or text, sounds, graphics, animated elements or any of Actors Kit content of this Site.)
“Third Parties” means persons or entities represented on the Site of Actors Kit.
“We” and “us” refer to Actors Kit, and “our” has the same meaning.
“Your Information” means any information from which your identity is apparent or can be reasonably be ascertained.
Actors Kit
Email: info@actorskit.com.au
Website: www.actorskit.com.au