Terms of Use

TERMS OF USE
www.beautiful.au

These Terms of Use (“Terms”) apply to the use of our website www.beautiful.au (“Website”) and our services as further described in these Terms (“Services”). 

We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. By using this Website and our Services, you agree to be bound by these Terms.

1. DEFINITIONS

In these Terms, the following definitions apply:

“ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Content” means anything the User submits including all material, links, words, and images they may record, post and upload to send to your account via the Website.

“Services” means services we provide via our Website, including the registration of an account, posting of photographs and videos, and interaction with other Website Users.

“Terms” means these Terms of Use.

“We”, “our” and “us” means Beautiful.au including all directors, employees, contractors and affiliates.

“Website” means our website located at www.beautiful.au together with any affiliated websites.

“User”, “you” or “your” refers to you, the individual or organisation that is using our Website and/or Services, whether or not you have registered an account with us. If you are agreeing to these Terms on behalf of somebody else (such as your child), then “User”, “you” or “your” refers to you (the parent or guardian) as well as that other person.

2. THE SERVICES

1. Our Website is designed to allow you to share the most beautiful moment of your day by posting one photo or video each day. You can change your post as many times as you like, but only one post per day will appear on our Website. 

2. In consideration for your agreement to these Terms, we agree to provide the Services to you including giving you access to the Website. 

3. Some features are only available for registered Users (such as the ability to upload your own Content, manage your Content, view the profiles of other Users, and interact with other Users). If you wish to access these features, you must register an account with us. 

4. The Legal Stuff-By using our Services you acknowledge and agree:

1. We do not own the Content. You are the sole owners of the Content at all times and in all formats. You are fully responsible for the Content, dissemination and distribution and anything related to the Content at all times and any claims relating to this; 
2. You agree we are in no way responsible for the Content, including but not limited to anything contained that may be considered offensive, illegal or otherwise inappropriate arising in or as part of the Content; 
3. We are a facilitator only for the purposes of providing the Services and are not in any other way responsible for any Content, use of Content;
4. We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms;
5. We are not responsible for any lost, missing, damaged, offensive, or unauthorized Content;
6. We cannot control the quality, including light, sound, image quality and other software issues that may affect the Content. The quality of the final Content is solely dependent on the recording, noise levels, clarity of the User voice and level, and other environmental factors;
7. We cannot and do not, control the Content or information you share with others for which you are fully and solely responsible; and
8. You agree not to use the Content for anything illegal, abusive, offensive or otherwise inappropriate. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
   

3. YOUR AGREEMENT AND REPRESENTATIONS

1. By registering as a User, by viewing our Website, and/or by using our Services you warrant and represent:

1. that you have had the chance to review and understand the Terms and that you agree to be bound by the Terms;

2. that you have legal capacity to agree to these Terms or you are authorised to agree to these Terms on behalf of somebody else (such as your child); and

3. that you have complied with all of these Terms.

2. If you do not understand the Terms or do not agree to be bound by them then you must stop using the Website and Services immediately. We only agree to provide use of the Website and Services to you if you agree to these Terms. We can stop access to our Website if you breach these terms or for any reason in our sole discretion.
   

4. AGE OF USERS

1. Our Website and Services are available for adult Users as well as minor children (‘Minor’) as Users, subject to these Terms.

2. Minor Users are only permitted to use our Website or our Services with the consent of their parent or guardian. 

3. Any other person(s) who lack the capacity to agree to these Terms are only permitted to use our Website or our Services with the consent of their legal guardian.

4. If you are agreeing to these Terms on your own behalf, then you warrant and represent that you are aged 18 years or older.

5. If you are agreeing to these Terms on behalf of someone else, then you warrant and represent that you are aged 18 years or older and you are the parent or legal guardian of that person.
   

5. LICENCE TO USE WEBSITE
   
   1. Subject to these Terms, we grant you a licence to use the Website. The licence created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.

2. You may not use the Website for any purpose other than in accordance with the licence that is provided under these Terms, and this licence to use the Website terminates upon your cessation of use of the Website or our Services or upon termination of these Terms.
   

6. REGISTRATION AND ACKNOWLEDGEMENTS

1. You may browse some parts of our Website without registering for an account. However, if you use our Website, these Terms will still apply to you, whether or not you have registered an account. 

2. Many of the features of our Website and our Services are only available for Users who have registered an account with us. 

3. In order to register an account with us, you may be required to log in via your Facebook, Google or Apple ID account (“Third Party Account”). You may also be asked to provide personal details such as your name and email address, as well as choosing a user name and a password (“Identifying Information”). 

4. In the event that you register an account with us via a Third Party Account, you agree that you are the account holder of that Third Party Account and the Third Party Account represents your actual legal identity. You will not use any other person’s Third Party Account or any Third Party Account that impersonates any other person. 

5. You acknowledge that you are responsible for ensuring the accuracy of any Identifying Information you provide as part of the registration process.

6. You agree that you will not share your Identifying Information with any third party and if you discover that your Identifying Information has been compromised, you agree to notify us immediately in writing.

7. You acknowledge that you are responsible for maintaining the safety and security of your Identifying Information as well as keeping us informed of any changes to your Identifying Information.

8. You acknowledge that providing false or misleading information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms.

9. By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update your registration details with us if you change that email address, and we shall not be responsible for your failure to do so. 

10. Your right to access and use the Website and the Services is personal to you and is not transferable by you to any other person or entity. Furthermore, it is our policy that access is only allowed for lawful purposes. 

11. You are responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your account at any time for any reason in our sole discretion.

12. We retain the absolute and unconditional right to determine the manner in which the Website is presented.

13. You acknowledge that from time to time, the Website, the Services, or some features of the Website or Services, may be unavailable. 

14. You acknowledge that we make no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will endeavour to ensure the Website and Services are always available and virus free but from time to time, and in some instances, this may not be the case. We are not responsible for any unavailability of the Website or Services or any interruptions to them, and we are not responsible for any loss of revenue or business interruption which you may incur as a result of unavailability of the Website or Services.

15. You acknowledge that you use the Website and Services at your sole risk.

16. We are not responsible for nor are we in any manner affiliated with any particular User, beyond providing the User with access to our Website and Services.

17. If you make contact with another User via our Website or Services, you do so at your own risk. 

18. If you choose to exchange contact details or meet in person with another User that you have met via our Website or Services, you do so at your own risk. You need to ensure you take all reasonable care regarding your personal safety and security when using the Website and Services and, in particular, when providing any personal details to another User, or meeting another User.

19. You need to make all your own individual enquiries before contacting any other User. We do not do any background checks on other Users and cannot verify the information provided by other Users. We are not responsible for any false, misleading, incorrect or otherwise inaccurate Content.
    
    
20. ACCEPTABLE USE
    
    1. Unless otherwise specified, the Website and Services are for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website which are not your own intellectual property. 

2. You agree not to use the Website for any unlawful purpose or any purpose prohibited under these Terms. 

3. You agree you will use the Website and Services in good faith and will only post Content that is in keeping with the ethos and nature of our Website.

4. You agree not to use the Website in any way that could damage it, any other websites, any third parties, or our general business.

5. You must ensure that any information which you provide to the Website complies with all applicable laws (including but not limited to the Australian Consumer Law).

6. You further agree not to use the Website:

1. to stalk, defame, abuse, threaten, harass or otherwise cause distress or violate any rights of any person;

2. to impersonate another person;

3. to commit any criminal or illegal offence or crime or violate any law of any jurisdiction.

4. to harass, abuse, or threaten any other person or to otherwise violate any other person’s legal rights;

5. to violate any intellectual property rights of us or of any third party;

6. to upload or otherwise disseminate any computer viruses, malware, or anything that can disrupt the operation of software, hardware or systems, or cause file deletions, file modifications or other effects that are not part of the functionality of software, hardware or systems, or that may damage the property of another;

7. to commit any kind of fraud;

8. to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;

9. to unlawfully gather information about others; or

10. to publish or distribute any material which is defamatory, in contempt of any legal or other proceedings, indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety, of a menacing character, discriminatory to any group of persons including groups defined by reference to colour, race, sex, origin, nationality or ethnic or national origins, offensive or denouncing of political or religious beliefs, or which incites violence, hatred or discrimination towards any person, group or community; and
    
11. Unauthorised use by you of the Website may be a criminal offence and may give rise to a claim for damages.
    
    
12. REVERSE ENGINEERING AND SECURITY

You agree not to:

1. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of our business, or the Website;
   
2. violate the security of the Website through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network;
   
3. use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor us or any portion of our business, without our express written consent, which may be withheld in our sole discretion;
   
4. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our business or the Website, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Google Chrome); and
   
5. post or transmit any file which contains viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of our business or the Website.
   
   
6. SPAM 

You are prohibited from using the Website for the purpose of gathering email addresses and/or personal information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.

10. PRIVACY

1. Through your use of the Website or Services, you may provide us with some of your personal information. By using the Website and/or Services, you authorise us to use your information in Australia and any other country where we operate. 

2. We take our privacy obligations very seriously. We may use the information we collect about you to improve your experience with the Website. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.

3. Please refer to our privacy policy for further information about what information we collect, how we use it and store it, and your rights in relation to it.

11. USE OF THIRD PARTIES TO DELIVER SERVICES

1. You agree and acknowledge that our Website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage as well as anything related to run the Website. 

2. We also use affiliated service providers to assist us to provide you with the Services. These parties are all under the same or similar privacy restrictions as our requirements under the Australian Privacy Principles. Please ask us about our Privacy Policy at any time.

12. UPLOADS, MODIFICATION AND RETENTION OF CONTENT

1. When you register an account with us, you will be entitled to upload one photograph or video per day to your account, including up to 10 megabytes of data per day. We reserve the right to amend this data limit at any time.

2. We reserve the right at any time and from time to time to modify the Website with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Website. 

3. You are responsible for backing up any Content that you submit to the Website. 

4. If your account is dormant for 2 years or more, we reserve the right to close it and to delete your Content. 

5. We make no representation that we will save your Content for you. We are not responsible for any lost or destroyed Content at any time. 

13. LIABILITY 

1. Certain legislation including the Australian Consumer Law (“ACL”) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (“Statutory Rights”).   

2. Our liability is governed solely by your Statutory Rights and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

3. You are fully responsible for and you indemnify us against any and all claims by anyone including but not limited to Users, third parties, or advertisers that may make a claim resulting directly or indirectly from your Content, or any act or omission of yours that relates to your use of the Website or the Services. 

4. You use the Website and our Services at your sole risk. The Website and Services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the Website or Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. 

5. You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Website or our Services. You are solely responsible for anything that results from, directly or indirectly, your use of our Website or Services, including any claims from any party.

6. By using this Website and our Services, you agree that we are not liable for any inaccuracy, error or failure of the software; any viruses or harmful software that you download from the Website or acquire through the Services; or any other loss or damage, (including but not limited to any consequential, indirect, incidental, special or direct loss or damage) arising from your use of the Website or Services. 

7. You agree to fully indemnify us for any third-party claims which may result from your use or misuse of the Website, Services or from any Content you post, link to, disseminate or distribute. We are not responsible for your Content nor for your breach of any third-party rights. You agree you will fully indemnify us and you agree to take over and manage any claim which may result from your use or non-use of the Content, action or inaction or in any other related manner.

8. You hereby indemnify us (which, for the sake of clarity, also includes but is not limited to any of our employees, affiliates, agents or other representatives) and you agree to defend us and to hold us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs, losses, loss of revenue, business interruption, and expenses (including legal costs and expenses on a full indemnity basis), direct or indirect which we may incur as a result of your breach of these Terms or of any legal or regulatory requirements or as a result of your use of the Website or Services.

14. INTELLECTUAL PROPERTY

1. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us. 

2. All other trademarks or service marks within this Website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.

3. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on or through the Website. Any unauthorised use of the Content appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

4. In the event that you post any Content to the Website, you warrant and represent that you hold all intellectual property rights in that Content and have full legal authority to post that Content on the Website. 

15. AFFILIATE MARKETING AND ADVERTISING

1. Through the Website and the Services, we may engage in affiliate marketing whereby we receive a commission on or a percentage of proceeds of sales of third-party goods and services that occur through our Website or the Services.

2. Through the Website and the Services, we may accept advertising and sponsorships from commercial businesses whereby third parties pay us to advertise on the Website or through our Services, or we may receive other forms of advertising compensation.
   
3. GENERAL PROVISIONS

1. Australian Consumer Law: you may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Customer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.

2. Applicable law: your use of the Website and the Services is subject to the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

3. No assignment: you must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without our prior written consent.

4. Severability: If any clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.

5. No waiver: In the event that we fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any clause or sub-clause of these Terms will not constitute a waiver of any other clause or sub-clause.

6. Survival: All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of these Terms. 

7. Headings for convenience only: Headings of clauses and sub-clauses under these Terms are for convenience only. Headings shall not affect the meaning of any provision of these Terms.

8. Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by them.

9. Entire agreement: These Terms represent the entire understanding and agreement between you and us regarding the subject matter of these Terms, and supersedes all other previous agreements.
   
   
10. CONTACT US

You may contact us about these Terms at:

Admin@Beautiful.au

18. LAST UPDATE

These Terms were last updated and are effective from 10 April 2023.

19. AGREEMENT

[INSERT CHECKBOX] I confirm that I have read and understood these Terms and I agree to be bound by all Terms.