This app/digital asset/portal/platform/site is owned and operated by Travis Frenay, trading as Valley Outdoors (ABN 63 611 304 651).
These end user terms and conditions (‘terms and conditions’) form a binding legal agreement between Travis Frenay, trading as Valley Outdoors (we, us, ourselves), its directors, officers, employees, successors and assignees, and each person, organisation or entity (‘user’) using the services or information offered on this app/digital asset/portal/platform/site.
The user’s use of the app/digital asset/portal/platform/site and our services indicates that the user has had sufficient opportunity to access the terms and conditions, contact us, and that the user has read, accepted and will comply with the terms and conditions, that the user has legal capacity to enter into a legally binding contract, and that the user is eighteen (18) years or older or if younger than eighteen (18) years the user has the approval of its parent or guardian. If this is not correct, or if the user does not agree to these terms and conditions, the user is not permitted to use this app/digital asset/portal/platform/site or any of our services.
By accessing this app/digital asset/portal/platform/site, you are agreeing to be bound by these terms and conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this app/digital asset/portal/platform/site. The materials contained in this app/digital asset/portal/platform/site are protected by applicable copyright and trademark law.
Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees or rights.
If the user is a consumer as defined in the ACL, the following notice applies to the user:
“We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time upon execution of a contract with you. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.”
These terms and conditions may be amended from time to time, without prior notice. The user’s continued use of the app/digital asset/portal/platform/site and our services following any such amendments will be deemed to be confirmation that he/she accepts those amendments. We recommend that each user check the current terms and conditions, before continuing use of the app/digital asset/portal/platform/site and our services. Our agents, employees and third parties do not have authority to change the terms and conditions.
Users are not required to pay any fees for using the app/digital asset/portal/platform/site but may be required to pay fees for any other services that they request which are subject to negotiation between the user and ourselves at the time of commissioning our services.
Copyright and intellectual property
The app/digital asset/portal/platform/site contains material which is owned by or licensed to us, our affiliates and/or third party licensors as applicable, and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the app/digital asset/portal/platform/site (content).
Intellectual property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to the content or services (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these terms and conditions; goodwill in the business; trade, business company or organisation names; internet domain names; and app/digital asset/portal/platform/site content, images and layout.
The user agrees that we own all intellectual property rights in the app/digital asset/portal/platform/site, except for user content, and that nothing in these terms and conditions constitutes a transfer of any intellectual property rights. We own or hold a licence in the copyright which subsists in all creative and literary works displayed in the app/digital asset/portal/platform/site. The app/digital asset/portal/platform/site content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised us or the owner of the content.
Other trademarks, service marks, graphics and logos used in connection with the app/digital asset/portal/platform/site and our services are the trademarks of their respective owners (collectively third-party content).
The intellectual property, user content and third-party content may not be copied, imitated or used, in whole or in part, without the prior written permission of ourselves, the user content owner, or the applicable trademark holder.
Users of the app/digital asset/portal/platform/site do not obtain any interest or licence in the intellectual property, user content or third-party content without the prior written permission of ourselves, the user content owner or the applicable trademark holder. Users may not do anything which interferes with or breaches the intellectual property rights.
Subject to these terms and conditions, we grant the user a personal, non-exclusive, non-transferable, limited and revocable licence to use the app/digital asset/portal/platform/site for their own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the user as permitted in accordance with these terms and conditions (user licence), and not to use the app/digital asset/portal/platform/site in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
The right to use the app/digital asset/portal/platform/site and our services is licensed to the user and not being sold to the user. A user has no rights in the app/digital asset/portal/platform/site and our services other than to use it in accordance with these terms and conditions.
This agreement and user licence govern any updates to, or supplements or replacements for the app/digital asset/portal/platform/site and our services, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
The user is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to their use of the app/digital asset/portal/platform/site and our services. In connection with the user’s use of the app/digital asset/portal/platform/site and our services, the user may not and agrees that they will not:
- Use the app/digital asset/portal/platform/site or app/digital asset/portal/platform/site and our services for any commercial or other purposes that are not expressly permitted by these terms and conditions;
- Register for more than one (1) account or register for an account on behalf of another individual and/or entity;
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
- Copy, store or otherwise access any information contained on the app/digital asset/portal/platform/site for purposes not expressly permitted by these terms and conditions;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- Use the app/digital asset/portal/platform/site and our services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- Use the app/digital asset/portal/platform/site or and our services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
- Stalk or harass any other user of the app/digital asset/portal/platform/site and our services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a user on the app/digital asset/portal/platform/site;
- Use, display, mirror or frame the app/digital asset/portal/platform/site, or any individual element within the app/digital asset/portal/platform/site, our name, any trademark, logo or other proprietary information belonging to us, or the layout and design of any page or form contained on a page, without our express written consent; or advocate, encourage, or assist any third party in doing any of the foregoing.
The app/digital asset/portal/platform/site and content are protected by copyright, trademark, and other laws of Australia and foreign countries. The user acknowledges and agrees that the app/digital asset/portal/platform/site’s content, including all associated intellectual property rights, are our, or our licensors exclusive property. The user will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the app/digital asset/portal/platform/site and it’s content.
The user must not post, upload, publish, submit or transmit any content that:
- Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- Is fraudulent, false, misleading or deceptive;
- Denigrates the app/digital asset/portal/platform/site and our services or an end user;
- Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- Is violent or threatening or promotes violence or actions that are threatening to any other person; or
- Promotes illegal or harmful activities or substances.
Users may be permitted to post, upload, publish, submit or transmit relevant information and content (user content). We do not claim ownership rights in user content. By making available any user content on or through the site and services, the user grants us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use, view, copy, adapt, modify, distribute, licence, publish, reproduce, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such user content on, through, or by means of the app/digital asset/portal/platform/site and our services. Users also consent to any act or omission by us that would otherwise infringe any rights in user content including but not limited to the user’s moral rights.
The user agrees that they are solely responsible for all user content that they make available through the site and services. The user represents and warrants that:
- They are either the sole and exclusive owner of all user content that they make available through the site and services, or that they have all rights, licences, consents and releases that are necessary to grant to us the rights in such user content, as contemplated under these terms; and
- Neither the user content nor the posting, uploading, publication, submission or transmittal of the user content or our use of the user content (or any portion thereof) on, through or by means of the app/digital asset/portal/platform/site and our services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We accept no responsibility for and make no representations or warranties to the user or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the app/digital asset/portal/platform/site. We disclaim any and all liability related to any and all end users and content providers.
By using the app/digital asset/portal/platform/site or our services, the user agrees that any legal remedy or liability that they seek to obtain for actions or omissions of other end users or other third parties will be limited to a claim against the end user or other third party who caused it harm.
To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the app/digital asset/portal/platform/site or services offered are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
For the avoidance of doubt, we are not responsible for any taxation, visa or immigration matters associated under these terms and conditions. We advise that all users using the app/digital asset/portal/platform/site and our services should seek advice in relation to these matters.
Each end user who uses the app/digital asset/portal/platform/site and our services does so at their own risk.
To the fullest extent permitted by law, we exclude all express and implied conditions and warranties, except for the user’s rights, including but not limited to:
- We expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these terms and conditions;
- We do not warrant that the app/digital asset/portal/platform/site and our services, content on the site (including pictures, videos, sound clips, resumes, links etc.), or the user’s access to the app/digital asset/portal/platform/site or our services will be error free, that any defects will be corrected or that the app/digital asset/portal/platform/site or the server which stores and transmits material to the user is free of viruses or any other harmful components;
- We take no responsibility for, and will not be liable for, the app/digital asset/portal/platform/site or the services being unavailable, failing to meet the user’s needs, or being of less than merchantable quality; and
- We will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the user’s information systems or costs of replacement goods, or otherwise, suffered by the user or claims made against the user, arising out of or in connection with the app/digital asset/portal/platform/site, our services, collective content, inability to access or use the app/digital asset/portal/platform/site, our services, or the terms and condition, even if we were expressly advised of the likelihood of such loss or damage. The user agrees not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.
Limitation of liability
Our total liability arising out of or in connection with the app/digital asset/portal/platform/site, our services or the terms and conditions, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed:
- The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and the user. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the user.
- This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of ourselves.
Each user agrees to defend and indemnify and hold us, our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the user’s use of or access to the app/digital asset/portal/platform/site or our services; any breach by the user of these terms; any wilful, unlawful or negligent act or omission by the user; and any violation by the user of any applicable laws or the rights of any third party.
We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate in asserting any available defences.
This defence and indemnification obligation will survive these terms and conditions and the user’s use of the app/digital asset/portal/platform/site or services. These terms, and any rights and licences granted hereunder, may not be transferred or assigned by the user, but may be assigned ourselves without restriction.
Whilst we will endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the app/digital asset/portal/platform/site for any particular purpose. The user hereby acknowledges 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.
We reserve the right to refuse supply of the services required by any user, terminate any user’s account, terminate our contract with any user, and remove or edit content on the app/digital asset/portal/platform/site at our sole discretion, without incurring any liability to the user.
We will not be liable for any delay or failure to perform our obligations under the terms if such delay is due to any circumstance beyond its reasonable control.
Any notice in connection with the terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
Any failure by a party to insist upon strict performance by the other of any provision in the terms and conditions will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by ourselves of any of the terms shall be effective unless we expressly state that it is a waiver and we have communicated it to the user in writing.
A user must not assign any rights and obligations under the terms whether in whole or in part without our prior written consent.
If any of the terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and applicable law
These terms and conditions, use of this app/digital asset/portal/platform/site, our services and any dispute arising out of any user’s use of the app/digital asset/portal/platform/site or services are subject to the laws of Queensland, Australia and subject to the exclusive jurisdiction of the Queensland courts. The app/digital asset/portal/platform/site may be accessed throughout Australia and overseas. We make no representation that the content of the app/digital asset/portal/platform/site complies with the laws (including intellectual property laws) of any country outside Australia. If a user accesses the app/digital asset/portal/platform/site from outside Australia, they do so as their own risk and are responsible for complying with the laws in the place where they access the site.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us and each user, and supersede any prior agreement, understanding or arrangement between us and each user, whether oral or in writing.