Digital Terms of Service
FRONTLINE ONLINE STORES SERVICE AGREEMENT
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING FrontLine Online Stores (THE “SERVICE”).
By signing the FrontLine Stores Australia Ltd (“FSAL”) ecommerce signup form or agreeing to using frontlines digital services you expressly acknowledge and agree, on your own behalf “You” or “Your”, that You are entering into a binding legal agreement with FSAL, are authorized to sign on behalf of the FSAL member signing up for the service, and have understood and agree to comply with the terms below (“Terms”).
1.Content Entry. The Service includes access to a Content Management System. “Content” means any information that You may generate, provide, store, post, transmit or upload in connection with the service, such as data files, written text, software, music, graphics, stylized logos, photographs,images, sounds, videos, messages and similar materials. As between FSAL and You, You retain title toContent. You agree that You shall not include Content that is or gives rise to, and FSAL may (but is not required to) refuse or remove Content that it determines in its sole discretion to be, (a) unlawful,misleading, deceptive offensive, threatening, harmful, libelous, defamatory, pornographic, gambling- related, obscene, racist, infringing or otherwise objectionable; (b) not wholly-owned by or validly licensed to You; (c) a violation of a third party’s intellectual property rights; (d) a breach of these Terms; and/or (e) a violation of the terms and conditions, as modified from time to time, of FSAL’s vendors who provide products, services, and other resources to enable the Service (“Third-Party Vendor”). FSAL does not accept any liability for any Content which has been amended by it. Content must include Your name and address, and Your contact information (telephone number, email address) to which user questions, complaints or claims should be directed.
2.Submission. Once You submit required Content to FSAL, You (a) authorize and appoint FSAL to integrate the Content with its other material to create an ecommerce website (“Site”); (b) will provide FSAL with all information including modified Content that it requests in connection with such integration; (c) grant FSAL the right to distribute or otherwise make the Site available in its sole
discretion and acknowledge that FSAL may at any time cease to offer, or change or enforce terms that govern, and could require modification or affect the continued availability of, the Site.
3. AUP. You acknowledge that You are familiar, and will at all times comply and cause users to comply, with any applicable FSAL acceptable use policy and any terms and conditions of Third-Party Vendors as may be applicable to the Site, which FSAL will make available to You upon request.
4.Site and Content.
4.1 You (and not FSAL or a Third-Party Vendor) are responsible for the Content, including but not limited to product warranties, product claims, maintenance and support services, other third-party claims including but not limited to those related to infringement of a party’s intellectual property rights, compliance with any applicable law or regulation including but not limited to those relating to privacy and data collection, and ensuring that users are neither restricted parties according to any government list nor located in a country that is subject to an Australian Government embargo or “terrorist supporting” designation.
4.2 2 If any person makes a claim that the Site or any of your Content, or any use of the Site or your Content, infringes another party’s rights including an infringement of the intellectual property of any person, or is otherwise a contravention of any legislation or regulations, FSAL reserves the right at its sole and absolute discretion to: (i)restrict your access to the Site;
(ii)refuse to accept Content;
(iii)remove Content from the Site;
(iv)be responsible for or involved in the investigation, defence, settlement, and discharge ofthe matter.
4.3 You indemnify FSAL against all costs, claims, loss, damage, demands and expenses (including all legal costs, fees and expenses) arising directly or indirectly out of any claims referred to at clause 4.2 above.
4.4 You acknowledge that the integration of third party extensions or applications to the Site will be at the discretion of FSAL. Any fees associated with any investigation required to deem the third party extension or application appropriate, will be paid by You.
5.Other Requirements. You acknowledge and agree that (a) information transmitted or gathered in connection with the Service or the Site may be used in an aggregated and anonymized manner; (b)
Third-Party Vendors and their affiliates are third party beneficiaries of these Terms, and that such entities will have (and be deemed to have accepted) the right to enforce them against You; (c) as between You and FSAL, You are solely responsible for any errors, issues, or downtime caused by or attributable to Your (or Your agents) customization of the Site; (d) by virtue of their ability to access the Site, users may be subject to terms and conditions similar to these Terms; (e) Your Site or other terms, if any, generally binding users, shall incorporate and adapt (to as great an extent as possible), and be at least as restrictive and protective of FSAL and Third-Party Vendors, as each of the provisions identified in this Section 5, and each of FSAL and Third-Party Vendors and their affiliates shall be third-party beneficiaries to such terms, which shall indicate that such entities will have (and be deemed to have accepted) the right to enforce them against users; and (f) You shall not include, modify, or apply any terms, limitations, or disclaimers in any agreements with users that contradict
or supersede either these Terms or any minimum user terms that FSAL incorporates as part of the Site.
6.eCommerce Site Usage.
You acknowledge and agree to use the Service solely for the purpose of running an ecommerce website or mobile application and hosting and serving web pages as viewed through a web browser and the Hypertext Markup Language (HTML) protocol or other equivalent technology, and not to usethe Service as an online storage space or inconsistent with Your terms of service. You are solely responsible for backing-up and archiving any of Your Content or other data that may be stored on FSAL’s (or its third party service provider’s) servers. Under no circumstances will FSAL be liable for damages of any kind for any loss of Your Content or data.
7.Security. You are solely responsible for maintaining the confidentiality of Your password andaccount information and ensuring the security, confidentiality and integrity of Content that is transmitted through or stored on FSAL’s (or its third party service provider’s) servers.
8.Support. For such time as You are current in your payment of any fees here under, FSAL or its authorised representative will use commercially reasonable efforts to provide support services in connection with setting up and customizing your ecommerce store. FSAL is not obliged to provide technical support beyond those initially scoped for the service being provided.
9.Title and Protection. Except as expressly set forth herein, FSAL (or its third party providers) retain all right, title, and interest to all portions of the Service, associated software, and any modifications,enhancements, or derivative works thereof.
10.Fees and Payments.
10.1 The provision of the Service and availability of the Site, and Your use thereof, is subject to Your
timely payment of applicable set-up fees, monthly or annual subscription fees (beginning once the Service password is provided).
10.2 Upon payment of the applicable fees, You will receive an activation password which will remain valid subject to Your payment when due of the applicable subscription fee. You agree to keep the activation password secure and will not disclose it to any third party.
10.3 FSAL reserves the right to impose or change fees immediately by so emailing you.
10.4 You acknowledge that, at the discretion of FSAL, there may be a requirement to transfer Your Site to a stand-alone Magento installation and hosting arrangement, or increase Your hosting fees, if Your server usage exceeds that of the FSAL product offering. You acknowledge that costs associated with transferring, running and maintaining your own installation will be incurred by You.
10.5 Fees are not refundable, including in the event of You choosing to downgrade Your plan level or Site usage and are exclusive of all taxes, levies, or duties, which are Your responsibility.
10.6 FSAL will charge applicable fees to your FSAL account, and FSAL will continue to charge that account for Your subscription including renewals. If You continue to receive the Service but, for some reason, payment is not received from You, You agree to promptly pay all amounts due upon demand.
11.1 You may discontinue Your use of the Service at any time by sending an email message to email@example.com. FSAL may terminate or suspend Your use of the Service at any time if You breach these Terms (including any failure to pay the applicable fees on time). FSAL reserves the right to terminate or refuse service to anyone for any reason at any time.
11.2 Upon any discontinuation or termination of Your use of the Service, You will lose all access to the Service and Site and any Content and other data in connection thereto. FSAL reserves the right to (a) deactivate the Site at any time following the effective date of termination; and/or (b) permanently delete from its (or its third party service provider’s) servers any Content and other data that may be contained in Your account at any time following a period of forty five (45) days from the
effective date of termination. FSAL does not accept any liability for any deactivation of the Site or deleted Content or other data.
11.3 Arranging any data migration to a new service provider would be Your sole responsibility in terms of organization as well as cost. No guarantees – whether direct nor implied – are made in regards to the possibility of doing so to Your satisfaction and/or technical requirements or budgetary constraints.
11.4 The provisions of sections 3 to 5, 9, 11 to 14 and 18 shall survive termination.
12.Indemnity. You agree to defend, indemnify and hold harmless FSAL and its affiliates and theirrespective officers, directors, agents, consultants and employees from any claims, damages,liabilities, costs, and expenses (as incurred, including attorney’s fees) arising from (a) Your use of theService or the Site; (b) the use by any third party of the Site; and (c) Your failure to comply withthese Terms.
13.Warranty. Except for as expressly set forth herein, the Service is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. You assume all responsibility for the selection of the Service to achieve Your intended results. FSAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED,NON INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FSAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. FSAL DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING THE RESULTS OR THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, RISK OF INJURY TO YOUR OR ANY USER’S COMPUTER,NETWORK, MARKET, OR CUSTOMER BASE OR COMMERCIAL ADVANTAGE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
14.Limitation of Liability. Except to the extent prohibited by applicable law, in no event shall FSAL orThird-Party Vendor, or their affiliates, subsidiaries, or third party licensors, be liable for any damageswhatsoever (including without limitation, consequential, indirect, special, punitive, or incidentaldamages, or damages for loss of business profits, business interruption, loss or corruption of data, orother pecuniary loss) arising out of the use or inability to use the Service, even if FSAL has beenadvised of the possibility of such damages. Except to the extent prohibited by applicable law, in noevent shall the liability of FSAL, its affiliates, subsidiaries, and its third party licensors, if any, fordamages under these Terms or arising from use of the Service exceed the amount paid by You toFSAL for the Service in the six (6) months immediately preceding the claim.
15.Publicity and Branding. You agree that FSAL may (a) publicize Your name, the fact of the Site andYour use of the Service; and (b) brand the Site with a ” © Copyright FrontLine Stores Australia Ltdand contributors 2012. All Rights Reserved.” or similar legend and/or copyright notice.
16.Force Majeure. FSAL shall not be responsible for failures of its obligations under this Agreement to the extent that such failure is due to causes beyond it’s control including, but not limited to, actsof God, acts of war, governmental acts, fire, sabotage, strikes, failure of the Internet (not resulting from the actions or inactions of FSAL), strikes or labor difficulties, severe weather conditions, and/or
delay in, or of, transportation, suppliers or subcontractors. If the Service is unavailable for a period of thirty (30) days consecutive days as a result of a continuing force majeure event, You may cancel Your subscription to the Service, but there shall be no liability on the part of FSAL.
18.General. These Terms represent the complete agreement concerning the Service between You and FSAL and supersede all prior agreements and representations related to the subject matter hereof. These Terms shall be deemed agreed in and governed by the laws of Australia, excluding choice of law principles. All proceedings shall be conducted in English. You agree that venue for all proceedings shall be Melbourne, Victoria, provided that venue shall also be proper in any court of competent jurisdiction where FSAL seeks (a) injunctive relief against You to enforce the Terms;and/or (b) to join You in a suit brought by a third party related to the Service or the Site. Section headings are provided for convenience only and have no substantive effect on construction. Except for Your obligation to pay FSAL, neither party shall be liable for any failure to perform due to causesbeyond its reasonable control. Notice shall be deemed effective when received by the designated fax, email, or postal address. If any provision is held to be unenforceable, the Terms shall beconstrued without such provision. The failure by a party to exercise any right here under shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.
20.Modifications. FSAL reserves the right to modify these Terms at any time by publishing therevised terms on the FSAL website at www.frontlinestores.com.au. The revised Terms shall becomeeffective within ten (10) days thereof.
ACCEPTABLE USAGE POLICY
This Acceptable Use Policy (“AUP”) governs the use of products and services provided by Frontline Stores Australia Ltd. (“FSAL”), including FSAL’s applications, platforms, the website frontlineonlinestores.com.au, and other websites operated by FSAL, and any associated physical/virtual/cloud-based infrastructure (collectively, the “FSAL Service”).
Each user of the FSAL Service must, and shall cause its customers, employees, agents, or members to, comply with this AUP, and shall remain liable for any breach or violation of this AUP attributable to it or such third parties. USE OF THE FSAL SERVICE CONSTITUTES ACCEPTANCE OF THIS AUP.
1.Abuse. The FSAL Service may be used only for lawful purposes and pursuant to this AUP. The FSAL Service may not be used to engage in or promote illegal, abusive, or irresponsible behavior,including: (a) unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (b) monitoring dataor traffic on any network or system without the express authorization of the owner of the system or network; (c) interference with service to any user of the FSAL Service or other network including,without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; (d) use of an Internet account or computer without the owner’s authorization; (e) collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering,and harvesting); (e) collecting or using information without the consent of the owner of the information; (f) use of any false, misleading, or deceptive TCP-IP packet header information in anemail or a newsgroup posting; (g) use of the FSAL Service to distribute software that covertly gathers information about a user or covertly transmits information about the user; (h) use of the FSAL Service for distribution of advertisement delivery software unless the user affirmatively consents tothe download and installation of such software based on a clear and conspicuous notice of the nature of the software, and the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “ad/remove” tool); or (i) any conduct that is likely to result in retaliation against FSAL, or FSAL’s employees, officers, agents, other FSAL Service users, or third party vendors, including engaging in behavior that results in any server being the target of a denial of service attack.
2.Bulk Email. The FSAL Service may not be used to send bulk mail, subject to the restrictions in thisAUP.
3.1. . Use of the FSAL Service must comply with any law, regulation, ordinance, court order or other legal process governing bulk or commercial email. At a minimum, use of the FSAL Service must comply with the Spam Act 2003 and/or EU Directive 2002/58/EC, as applicable.
3.2. Subject to compliance with applicable law, in the event that the FSAL Service is used to send bulk and commercial email, then the sender (“Sender”) must: (a) ensure that recipients have provided their consent to receive email through affirmative action (such as an opt-in procedure); (b) ensure that the procedures for seeking recipient consent include reasonable means to ensure that the person providing consent is the owner of the email address for which consent is given; (c) retain evidence of each recipient’s consent in a form that can be promptly produced to FSAL within 72
hours’ receipt of a FSAL request, (d) have procedures in place that allow recipients to revoke their consent to receive bulk or commercial email; (e) notify recipients that the revocation of their consent will be implemented within 48 hours, and implement any such revocation of consent within 48 hours; (f) not send an email to any person who has indicated that it does not wish to receive it;
(j)not obscure the source of the email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses, and emails must include the recipient’s email address in the body of the message or in the “To”; (k) clearly describe in the subject line of the email the subject matter thereof, and the message must include valid contact information; and/or (l) not send bulk and commercial email to an email address if three consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days.
3.3. . This AUP applies to messages sent using the FSAL Service and to messages sent that directly or indirectly refer the recipient to a site or email address that is hosted via the FSAL Service. A third- party email service that does not practice similar procedures for all of its customers may not be employed. These requirements apply to distribution lists without regard to whether prepared by third parties.
3.4. FSAL may test and otherwise monitor compliance with this AUP and may block the transmission of any email that violates the terms set forth herein. FSAL may, at its discretion, require users of the FSAL Service to seek advance approval for bulk and commercial email, which approval will not be granted unless said user can demonstrate that all of the requirements stated herein will be met. All references in this Section 3.4 to FSAL shall also include a FSAL vendor.
4.Vulnerability Testing. The FSAL Service may not be used to probe, scan, penetrate or test the vulnerability of the FSAL Service, or any component thereof, or to breach FSAL’s security or authentication measures, whether by passive or intrusive techniques, without FSAL’s express written consent. All references in this Section 4 to FSAL shall also include a FSAL vendor.
5.Newsgroup, Chat Forums, Other Networks. To the extent that the FSAL Service is used to make postings to any bulletin board, chat group or other forum, such posting must comply with any applicable rules and conventions including, for example, the posting of off-topic commercial messages, or mass postings to multiple forums.
6.Prohibited Content. The FSAL Service may not be used to post, publish, transmit, distribute, or store (temporarily or permanently) any content (including but not limited to written media, audio works, video, Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet) that: (a) constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts; (b) is excessively violent, incites violence, threatens violence, or contains harassing content or discriminatory or hate speech; (c) is unfair, misleading or deceptive under the consumer protection laws of any jurisdiction,including chain letters and pyramid schemes; (d) is defamatory or violates a person’s privacy; (e)creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (f) improperly exposes trade secrets or other confidential or proprietary information of another person or organization; (g)is intended to assist others in defeating technical copyright protections; (h) infringes on or breaches the copyright, trade or service mark, patent, or other property right of any other person or organization; (i) promotes illegal drugs, violates export control laws, relates to illegal gambling, orillegal arms trafficking; (j) is otherwise illegal or solicits conduct that is illegal under any law,regulation, ordinance, court order or other legal process that is applicable to user or FSAL; or (k) is otherwise malicious, fraudulent, or may result in retaliation against FSAL by offended viewers or recipients, or is intended to harass or threaten.
7.Live Events. The FSAL Service may not be used to stream live sex acts of any kind, even if the content would otherwise comply with this AUP. FSAL may prohibit the streaming of other live events where it believes that the event may violate the provisions of Section 6 above.
8.Copyrighted Material. The FSAL Service may not be used to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law, unless expressly authorized by the copyright owner or as otherwise permitted by established copyright law.
9.Shared Systems. The FSAL Service may not be used in a way that unnecessarily interferes with the normal operation of the FSAL Service or that consumes a disproportionate share of the resources of the FSAL Service, or any component thereof.
10.1. This AUP does not obligate FSAL to monitor or review, and FSAL hereby expressly disclaims any liability for, data or content of any type that may be transmitted through or stored on, temporarily or permanently, the FSAL Service.
10.2. FSAL (or its vendors) may quarantine or delete any data stored on the FSAL Service that (i) breaches the provisions of this AUP; (ii) is infected with a virus; or (iii) is otherwise corrupted, and has the potential to infect or corrupt the system or other data that is stored on the same system.
10.3. FSAL vendors and their affiliates are third party beneficiaries of the terms of this AUP and such entities will have (and be deemed to have accepted) the right to enforce them against users in breach;
11.Restricted Parties. The FSAL Service may not be used by any person or entity that is (i) listed on any government list of prohibited or restricted parties; or (ii) is located in a country that is subject to an Australian embargo, or that has been designated by the Australian Government as a “terrorist supporting” country.
12.Reporting of Violations. Users of the FSAL Service must promptly notify FSAL upon becoming aware of any violation (whether by it or any third party) of this AUP.
13.Changes to this AUP. FSAL reserves the right to amend or modify this AUP from time to time, and use of the FSAL Service after changes to the AUP are posted on the FSAL website will constitute acceptance of any such amendments or modifications.
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210 Canterbury Road
Canterbury, VIC, 3000
FAX: 03 9888 5522