WEBSITE TERMS AND CONDITIONS
1 INTRODUCTION
(a)These Website Terms and Conditions apply when you access or use the website at clipandroll.com, including any publicly accessible pages made available through that website (Website).
(b)The Website is operated by Catalyst Creative Pty Ltd trading as Clip & Roll (ABN 71 700 964 807) (we, us or our).
(c)By accessing or using the Website, you agree to these Website Terms and Conditions. If you do not agree to them, you must not use the Website.
(d)These Website Terms and Conditions govern use of the Website only. If you create a Clip & Roll account or use the Clip & Roll web application as an account holder or Assistant Coach, your use of the Clip & Roll service is also governed by the SaaS Agreement, the Acceptable Use Policy in Schedule 2 of the SaaS Agreement and the Privacy Policy.
(e)Certain features or pages, including team upload links or shared reels, may also be subject to additional terms, notices or restrictions made available with those features.
(f)We may update these Website Terms and Conditions from time to time by publishing an updated version on the Website, but any change will apply prospectively only and we will give reasonable advance notice of any material change where practicable.
(g)A change may take effect upon publication if reasonably necessary to comply with law or address an urgent security risk; otherwise, the updated terms will apply from the date specified in the notice, and your continued use of the Website after that date constitutes acceptance of them.
2 ACCESS AND USE OF THE WEBSITE
(a)You may use the Website for lawful purposes, including to:
(i) learn about Clip & Roll and its features, plans and pricing;
(ii) view information, resources, testimonials and case studies made available by us;
(iii) contact us or submit an enquiry;
(iv) start a trial or access the Clip & Roll web application; and
(v) use other functionality we make publicly available through the Website.
(b)You are responsible for ensuring that your use of the Website complies with applicable law and these Website Terms and Conditions.
(c)We may modify, suspend or discontinue any part of the Website from time to time, but will give reasonable notice of any material suspension or discontinuance where practicable and will not use this right to avoid obligations accrued under an applicable agreement.
3 YOUR OBLIGATIONS
(a)You must not:
(i)use the Website for any unlawful, fraudulent or unauthorised purpose;
(ii) attempt to gain unauthorised access to any account, data, system, server or network connected with the Website;
(iii) probe, scan or test the vulnerability of the Website or circumvent any security or access control without our prior written authorisation;
(iv) introduce malware, viruses, malicious code or other material designed to damage, disrupt or interfere with the Website or another system;
(v) overload, flood, disrupt or otherwise interfere with the proper operation of the Website or its infrastructure;
(vi) use automated tools to scrape, extract or collect content or data from the Website in a manner that places an unreasonable burden on the Website, circumvents technical restrictions or infringes our rights or the rights of another person;
(vii) copy, reproduce, modify, adapt, distribute, publish, sell or commercially exploit Website Content except as permitted by these Website Terms and Conditions or applicable law;
(viii) remove or alter any copyright, trade mark or other proprietary notice appearing on the Website; or
(ix)use the Website in a way that infringes the intellectual property rights, privacy rights or other rights of another person.
(b)Nothing in this section prevents ordinary use of publicly available search engines, browsers, accessibility tools or other technologies used in their normal manner to access the Website.
4 INFORMATION ON THE WEBSITE
(a)We take reasonable steps to keep information on the Website accurate and current. However, Website Content is provided for general information and may from time to time contain errors, omissions or information that is no longer current.
(b)You acknowledge that:
(i) the Website or particular features may occasionally be unavailable, interrupted or affected by technical issues;
(ii) information or communications submitted through the Website may be delayed or may not be successfully transmitted; and
(iii) Website Content may be changed, corrected or updated from time to time.
(c)We may update the Website, including descriptions of the Clip & Roll service, features, plans and pricing, from time to time.
(d)Where you purchase or subscribe to the Clip & Roll service, the subscription details presented to you and the SaaS Agreement govern your subscription. Any changes to subscription fees or other matters governed by the SaaS Agreement will be dealt with in accordance with that agreement.
(e)Nothing in these Website Terms and Conditions excludes any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
5 TESTIMONIALS AND CASE STUDIES
(a)The Website may include testimonials, case studies or other statements describing the experiences of Clip & Roll customers or users.
(b)Those materials describe the experience or opinion of the relevant person or organisation and may not reflect the experience of every user.
(c)Any outcomes, results or experiences described in a testimonial or case study are not a guarantee that you will achieve the same or similar outcome.
(d)Nothing in this TESTIMONIALS AND CASE STUDIES section limits our obligations under the Australian Consumer Law or permits us to make a representation that is false, misleading or deceptive.
6 INTELLECTUAL PROPERTY
(a)Unless otherwise indicated, we own or license the Website and the material made available through it, including text, graphics, logos, trade marks, designs, icons, images, videos, downloads, software and other content (Website Content).
(b)All intellectual property rights in the Website and Website Content remain with us or the relevant third-party owner.
(c)We grant you a limited, non-exclusive and non-transferable right to access and use the Website Content for your own personal or internal business purposes in connection with considering or using the Clip & Roll service.
(d)You may make temporary electronic copies of Website Content as reasonably necessary to view or use the Website.
(e)Except as permitted by these Website Terms and Conditions or applicable law, you must not reproduce, modify, adapt, distribute, publish, sell, license or commercially exploit any Website Content without the prior written consent of the relevant rights holder.
(f)Nothing in these Website Terms and Conditions transfers ownership of any intellectual property rights to you.
7 LINKS TO OTHER WEBSITES
(a)The Website may contain links to websites or services operated by third parties.
(b)We do not control those third-party websites or services and are not responsible for their availability, content, security or privacy practices.
(c)A link to a third-party website or service does not, by itself, mean that we endorse or approve that website, service or its operator.
(d)If you access a third-party website or service, your use of it will be subject to that provider's own terms, policies and practices.
8 SECURITY
(a)We take reasonable measures to protect the Website and the systems used to provide it from unauthorised access, interference and malicious activity.
(b)However, no website or internet transmission can be guaranteed to be completely secure or free from viruses, malicious code or other harmful components.
(c)You are responsible for taking reasonable precautions when accessing the Website, including maintaining appropriate security protections on your own device, browser and network.
(d)Nothing in this SECURITY section limits our obligations under applicable privacy law or our Privacy Policy.
9 REPORTING MISUSE
(a)If you become aware of suspected misuse of the Website, a security issue or vulnerability affecting the Website, materially inaccurate Website Content, or a technical problem preventing you from accessing or using the Website, please contact us at support@clipandroll.com or through the contact details made available on the Website.
(b)Privacy concerns, requests relating to personal information and requests concerning footage should be directed to privacy@clipandroll.com.
10 CONTACT FORMS AND INFORMATION YOU SUBMIT
(a)The Website may allow you to submit enquiries or other information through contact forms or similar features.
(b)You must ensure that information you submit through the Website is accurate to the best of your knowledge and that you are authorised to provide it.
(c)You must not submit through a general Website contact form:
(i) content that is unlawful, abusive, defamatory or infringes another person's rights;
(ii) malware, malicious code or other harmful material; or
(iii) highly sensitive or confidential information that we have not asked you to provide.
(d)We may use information submitted through the Website to respond to your enquiry, administer any request you make and otherwise deal with it in accordance with our Privacy Policy.
(e)Submitting an enquiry through the Website does not create a subscription, coaching relationship or other contractual relationship with us unless you separately enter into the applicable agreement.
11 PRIVACY
(a)Our Privacy Policy explains how we collect, hold, use and disclose personal information in connection with the Website and the Clip & Roll service.
(b)You should read the Privacy Policy before providing personal information to us.
(c)Our use of cookies and similar technologies is also described in our Cookies Policy.
12 LIABILITY
(a)Nothing in these Website Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
(b)To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss arising from your use of, inability to use, or reliance on the Website or Website Content, except to the extent the loss was reasonably foreseeable and caused by our negligence, breach of these Website Terms and Conditions, or contravention of applicable law.
(c)To the maximum extent permitted by law, we are not liable for loss to the extent caused by any of the following circumstances, except to the extent that our negligence, breach of these Website Terms and Conditions, or contravention of applicable law contributed to the loss:
(i) temporary unavailability, interruption or technical failure of the Website;
(ii) inaccurate or outdated Website Content that we have not knowingly or negligently misrepresented;
(iii) your use of a third-party website or service accessed through a link on the Website; or
(iv) events outside our reasonable control.
(d)Nothing in this LIABILITY section limits liability to the extent that it arises from our fraud or wilful misconduct, or otherwise cannot lawfully be limited or excluded.
(e)If you subscribe to or use the Clip & Roll service, liability relating to that service is governed by the SaaS Agreement rather than this LIABILITY section, except to the extent the relevant loss arises from use of the publicly accessible Website independently of the Clip & Roll service.
13 GENERAL
13.1 GOVERNING LAW AND JURISDICTION
(a)These Website Terms and Conditions are governed by the laws of Victoria, Australia.
(b)Subject to any rights you may have under applicable law to bring proceedings in another jurisdiction, you submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.
13.2 WAIVER
(a)A failure or delay by a party to exercise a right under these Website Terms and Conditions does not operate as a waiver of that right.
(b)A waiver is effective only if it is in writing and applies only to the particular right and circumstances for which it is given.
13.3 SEVERANCE
(a)If any provision of these Website Terms and Conditions is void, invalid or unenforceable, that provision will be read down only to the extent permitted by law and necessary to make it valid and enforceable, without changing its essential nature.
(b)If it cannot be read down, it will be severed without affecting the remaining provisions.
13.4 ENTIRE AGREEMENT
(a)These Website Terms and Conditions constitute the agreement between you and us concerning your use of the publicly accessible Website.
(b)They do not replace or override any separate agreement governing the Clip & Roll service, including the SaaS Agreement, the Acceptable Use Policy in Schedule 2 of the SaaS Agreement or any Subscription Details that apply to an account or subscription.
(c)Nothing in this ENTIRE AGREEMENT section excludes liability for fraud or any right or remedy that cannot lawfully be excluded, including any right or remedy arising from a misleading or deceptive representation.
13.5 INTERPRETATION
In these Website Terms and Conditions:
(a) words in the singular include the plural and vice versa;
(b) a reference to a person includes an individual, company, partnership, trust, association, government body and other legal entity;
(c) a reference to including, includes or similar words is not limiting;
(d) headings are for convenience only and do not affect interpretation;
(e) a reference to a law includes that law as amended or replaced from time to time and any subordinate legislation made under it; and
(f) a reference to $ or dollars is a reference to Australian dollars unless otherwise stated.