TERMS OF USE

PUBLICATION DATE: 02/10/2023

  1. In these terms:

     

    1. Additional Services” means additional services or features available in respect of the App which may include (but are not limited to) additional App capabilities and access to additional content including access to patterns to construct a garment;

    2. App” means the Ustyler application;

    3. Device” means the device you are using to access the App;

    4. User” means a user who has properly registered to use the App and has created a user name and password to access and use the App;

    5. Ustyler”, “us”, “we”, “our” means Ustyler Pty Ltd ABN 83 602 793 671; and

    6. You”, “Your” means any individual or entity accessing or using the App for any reason, including a User.

  2. App use

     

    1. Subject to these Terms, Ustyler provides the App to allow users to create and design clothing, style designs and outfit looks, download and share their designs, looks and collections and have access to digital garment patterns and manufacture their designs into tangible wearable clothing. All images of models published by Ustyler are computer generated images.

    2. By accessing, downloading or using the App, or by continuing to do so, You expressly accept and agree to be bound by these Terms. In accepting these Terms, You agree that these Terms and our privacy policy available on our app and website (“Privacy Policy”) will apply whenever You use the App.

    3. Subject to Your compliance with these Terms, Ustyler grants to You a limited, non-exclusive, nontransferable licence to download and install a copy of the App on a Device that You own or control.

    4. The App may contain links to third party sites. If You click on a link to another site, You will leave the App and Your use of that site is not governed by these Terms. Ustyler will have no liability of any type to any party for Your access to or use of that other website.

    5. Ustyler may amend these Terms from time to time. Amended Terms will be uploaded to Ustyler’s website at ustyler.com and updated in the App. Your use of the App after Ustyler makes an amendment to these Terms is evidence of Your acceptance and agreement to be bound by and to comply with these Terms as they are amended.

  3. Users, password and login

     

    1. You are required to register with Ustyler to create your account (“Account”) in order to access and use the App. As part of Your registration, You will be required to create a user name and password to access and use the App. You must keep your user name, password and any other information provided while creating Your account confidential and must not allow another person to use Your username or password to access the App. You may change Your password at any time by following the instructions in the App.


    2. You agree that You are entirely responsible for all activities that occur in the App under your Account. Without limiting the following, You acknowledge that:

      1. You are fully responsible for all the activities resulting from any access to or use of the App through Your Account and under Your registered user name;

      2. When You access the App, You may remain logged into the App even after closing the App (unless You log out of the App prior to leaving it);

      3. You accept full responsibility for all activities on the App while You are logged in; and

      4. You are fully responsible for all the activities of any individual who accesses the App using any Device which remains logged into Your Account.

    3. You agree to immediately notify Ustyler of any unauthorised use of Your password, user name, Account or any other breach of security of which You become aware in relation to the App.

  4. Fees, subscriptions and in-app purchases

     

    1. Ustyler does not charge a fee to You to download, access and use the App.

    2. You may incur charges from Your mobile service provider for downloading and using the App. Any such charges are Your sole responsibility and any matters regarding those charges should be raised with Your mobile service provider.

    3. Ustyler may make certain Additional Services available through in-app purchase in the App. Ustyler will disclose the cost of all in-app purchases and Additional Services prior to any User accepting the Additional Services.

    4. Ustyler reserves the right to add or remove Additional Services at any time, and determine the terms and cost of Additional Services at their sole discretion.

    5. All amounts shown in the App will be displayed in Your local currency in accordance with the terms and conditions applicable to Your relevant mobile application store.

  5. Intellectual property

     

    1. All intellectual property in the App, including copyright, any trade marks and any other intellectual property rights in or associated with the App, but excluding any data or other information on the App originated by third parties, is owned by or licensed to Ustyler.

    2. You indemnify Ustyler against any loss or damage it may suffer as a consequence of any infringement of Ustyler’s (or any related entity of Ustyler) intellectual property rights by You.

    3. You must not do, or allow any third party to do, anything that may infringe, damage or endanger Ustyler’s intellectual property rights or the intellectual property rights of another User or a third party regarding the App. This includes any unauthorised use of Ustyler’s names, logos, icons, concepts, design, service, mission, brand, patents, technology, coding, algorithms, software and/or trade marks, including, without limitation, using the word Ustyler in any email, business name, with the app store, or URL or including Ustyler’s trademarks and logos unless permitted by Ustyler in writing.

    4. You are responsible for the content and material that You upload to or transmit through the App, including its legality, reliability and appropriateness. You should only upload content and material that You either own, have created or have the right to use and publish.

    5. Unless agreed otherwise, You are the creator of any designs produced on the App by You and, subject to these Terms, are the owner of all intellectual property rights in designs produced within the App. You may transfer or otherwise deal in the intellectual property rights created by You.

    6. Despite clause 5.5, when using Ustyler’s group design functions (a function whereby Users can collectively work together on designs within the App), unless otherwise agreed between users participating in the design group, any intellectual property generated in that design group will vest in the design group’s creator or manager.

    7. You acknowledge and agree that You grant to Ustyler a perpetual, worldwide, royalty free licence to commercialise, use, sub-licence, transfer, copy, display, store, modify or distribute any content or material that You upload to or post on the App.

    8. You may share or distribute designs or content generated by You on the App as You see fit. Ustyler has no responsibility to protect or otherwise defend Your intellectual property rights in the content You generate in or publicise on the App.

    9. If You are of the view that another User has infringed Your intellectual property rights, You may report the alleged infringement to Ustyler along with sufficient supporting information. However, Ustyler reserves the right to not intervene in intellectual property disputes between individual Users.

  6. User supplied information

     

    1. Ustyler has no control over the information or data provided by a User including the designs and content uploaded by the User to the App. Ustyler accepts no responsibility for the content provided, printed, sent or received in relation to the App. By accessing or using the App, You accept all responsibility, risk and liability for the content added, edited, provided, uploaded or modified by You on the App.

    2. Ustyler acknowledges and agrees that any data uploaded by a User to the App (including but not limited to) designs, images, drawings, references and any other data is the property of the User and Ustyler has no claim to ownership over that data except as otherwise provided in these Terms or as otherwise agreed between the relevant parties.

    3. You represent and warrant that:

      1. You have the right to upload any data uploaded to the App through Your Account; and

      2. Data uploaded to the App by You or otherwise through Your Account does not infringe on any third party’s intellectual property rights.

    4. The Ustyler App may request access to Your device’s photo gallery or camera application to allow youto upload content, images, and other information.

    5. Ustyler may reject or remove any User’s material which is illegal, indecent, obscene, defamatory or offensive or comments that violate these Terms in any way, or may request the User to make suitable amendments in order to comply with these Terms. Ustyler reserves all rights to claim damages and/or apply for other legal remedies in respect of such material.

    6. You indemnify Ustyler against any loss or damage suffered as a consequence of any content uploaded to the App by You or otherwise through Your Account.

    7. Use of the Ustyler’s “FitCheck” social media service is at all times subject to these Terms.

  7. Manufacture of designs

     

    1. Ustyler will provide through the App, a list of designated third-party manufacturers (“Manufacturer”), which Users may engage to manufacture User generated designs.

    2. Using the App, Users will communicate directly with the Manufacturer to reach an agreement for the manufacture of User generated designs on terms agreeable to each party.

    3. Any agreements made between a User and a Manufacturer for any purpose including but not limited to the sale, manufacture or delivery of User generated designs, is made exclusively between the User and the Manufacturer and will not impose any obligations or liability on Ustyler.

    4. Where a User engages a Manufacturer to manufacture User generated designs, insofar as permitted by law:

      1. The User acknowledges that they are responsible for the design of any goods on the App irrespective of any assistance, suggestions or inspiration provided by Ustyler;

      2. The User represents and warrant that:

        1. the design created in the App and subsequently ordered for manufacture is their own and does not infringe on any other person’s intellectual property rights; and

        2. without limiting clause 7.4.1, they have relied upon their own measurements, skill and judgement in preparing the designs they order for manufacture.

    5. Ustyler makes no warranties about the availability of certain fabrics nor that colours and fabrics of manufactured goods will be identical to digital representations presented in the App (e.g. there may be slight colour variations between that represented in the App and any physical goods).

    6. Where a User enters an agreement with a Manufacturer for the manufacture of a User generated design, Ustyler may charge the User and the Manufacturer a commission for any transactions made as part of that agreement.

    7. Any commission or fee that may be levied by Ustyler in connection with the manufacture of a User generated design will be displayed on Ustyler’s App and website and may be amended from time to time.

  8. Marketplace

     

    1. Ustyler will provide a marketplace in the App to facilitate the sale and/or licensing of digital designs, digital files for sale (DFFS) (including but not limited to non-fungible tokens (NFTs)) and tangible clothing, accessories (including but not limited to jewellery, shoes and bags) and User-generated designs by Users to other Users (“Marketplace”).

    2. The Marketplace may contain DFFS provided by third parties and other users. The purchase of any DFFS on the Ustyler marketplace (unless otherwise expressly stated on the listing for a DFFS) does not confer any right of ownership in the DFFS.

    3. DFFS may be subject to specific terms of use including limitations on distribution, limited capacities to edit or modify the DFFS or other limitation as specified on a DFFS’s marketplace page. The content or composition of a DFFS may change from time to time at the discretion of the DFFS’s creator. Ustyler makes no warranty or representation regarding the suitability or saleability of User-generated content advertised or otherwise purchased or licensed on the marketplace.

    4. Ustyler will deduct or levy a fee or commission on any sale made on the Marketplace. Any deducted or levied fee or commission will be displayed to a User prior to a purchase or sale completing on the App.

    5. DFFS may be a form of NFT. By purchasing a NFT on the Marketplace, you agree to comply with any terms of use or other terms and conditions that may attach to the underlying technology, blockchain or services. Ownership of an NFT does not confer any right to use the intellectual property comprising the NFT.

    6. If You list a DFFS for sale on the Marketplace that contains elements created by third parties, Ustyler may deduct a commission, fee or royalty from any amount derived from the sale of that DFFS to return to the intellectual property right holders or creators with an interest in the DFFS’s content.

    7. Any commission or fee that may be levied by Ustyler in connection with the Marketplace will be displayed on Ustyler’s App and website and may be amended from time to time.

    8. Users participating in the Marketplace must agree and abide by the Marketplace terms   and conditions in addition to the Terms.

  9. Live auctions

     

    1. Ustyler may from time to time host live auctions where Users can auction their designs to  third-party manufacturers using the App (“Auction”).

    2. Any agreements made between a User and a third-party manufacturer as part of an Auction, for any purpose including but not limited to the sale of a licence to manufacture User generated designs, is made exclusively between the User and the third-party manufacturer and will not impose any obligations or liability on Ustyler.

    3. Ustyler makes no warranty or representation regarding the suitability or saleability of User-generated content advertised or purchased via an Auction.

    4. Where an agreement is made between a User and a third-party manufacturer for the sale and/or licensing of User generated designs, where the agreement is made as part of an Auction, Ustyler may charge the User and the third-party manufacturer a commission.

    5. Where a User generated design or a licence over that design is listed for sale via an Auction and the design contains elements created by third parties, Ustyler may deduct a commission, fee or royalty from any amount derived from the sale of that design or licence to return to the intellectual property right holders or creators with an interest in the design’s content.

    6. Any commission or fee that may be levied by Ustyler in connection with an Auction will be displayed on Ustyler’s App and website and may be amended from time to time.

    7. Users participating in the Auction must agree and abide by the Auction terms and conditions in addition to the Terms.

  10. Promotions

     

    1. Ustyler may conduct promotions and competitions from time to time. Except as otherwise provided for in this clause 9.5, any promotion or competition run by Ustyler will be subject to the terms and conditions specific to such promotion and competition in addition to these Terms.

    2. Sign up bonus

      Following a User downloading the App and creating an Account, the User will receive one free outfit design credit.

    3. Loyalty rewards

      If a User logs in to the App, visits the shop and ticks the relevant daily box for seven consecutive days, they will receive one free outfit design credit.

    4. Seasonal Competition

       

      1. Ustyler runs a six monthly competition where Users who post their designs to social media and receive the highest number of likes and/ or social media interactions (as determined by Ustyler at their discretion) in the six month period will have their designs manufactured by Ustyler free of charge (“Seasonal Competition”).

      2. If You participate in the Seasonal Competition, You acknowledge that:

        1. You post Your designs on to social media at Your own risk and Ustyler will not be responsible for any loss or damages You suffer as a consequence of Your posting of Your designs;

        2. if You are determined to win the Seasonal Competition, You grant Ustyler a licence (with the right to sub licence) to manufacture the designs and use the designs (or images thereof) in any promotional material;

        3. if selected as the winner, You will be responsible for any shipping costs associated with the manufacture and delivery of Your designs;

        4. any decision of Ustyler is final and Ustyler will not enter into any correspondence with Users in connection with their participation in the Seasonal Competition or the determination of the winner;

        5. Ustyler makes no warranties about the availability of certain fabrics nor that colours and fabrics of manufactured goods will be identical to digital representations presented in the App (e.g. there may be slight colour variations between that represented in the App and any physical goods);

        6. in certain circumstances Ustyler may consider that a particular design is not capable of manufacture due to a design process, issue or unavailability of materials. Ustyler will take reasonable steps to notify You if any amendments to your design are required prior to manufacture;

        7. to the maximum extent permitted by law:

          1. Ustyler will not accept the return of any products manufactured as part of a Season Competition, except to the extent that they are faulty; and

          2. risk in any products manufactured as part of a Seasonal Competition passes to the winner upon despatch of the products from Ustyler’s premises or the relevant manufacturer’s premises.

    5. User referral

       

      1. Ustyler may run User referral promotions from time to time and will notify Users of the promotion and the terms of the promotion via the App.

      2. For the purposes of this Clause 10.4, a User referral promotion is a promotion where Users are rewarded for referring a designated number of other Users to perform an action as determined by Ustyler and published on the App from time to time (this could include referring Users to sign up to the App, purchase a designated product, or similar).

  11. Security

     

    1. The security of User information is important to Ustyler. Ustyler takes all reasonable steps to ensure the security of its systems. Any information which we hold for You is stored on secure cloud-based servers. In addition, our employees and any contractors who provide services relating to our information systems must respect the confidentiality of any personal information held by Ustyler. To the maximum extent permitted by law, Ustyler will not be responsible for any loss that may arise from any unauthorised access to or use of Your personal information.

    2. Ustyler will exercise reasonable care to ensure that Your information is secure on its system. However, there remains a possibility that Your information may be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers. To the maximum extent permitted by law, Ustyler accepts no liability for any loss or damage suffered by You that may arise if any other person obtains or misuses the information which You have submitted to the App.

  12. No representations and warranties

    To the maximum extent permitted by law, Ustyler:

    1.  does not provide any representations or warranties relating to the App, any use of the App or any goods or services provided by Ustyler;

    2. makes no representations or warranties as to the online availability of the App; and

    3. will not be responsible in any way for the lack of or interruption to the availability of the App or any services which are provided on the App.

  13. Risks and release from liability

     

    1. You acknowledge that there are risks associated with using the App. Through Your use of the App, You assume all risks associated with the operation of the App and Your access to and use of it.

    2. To the maximum extent permitted by law:

      1. You expressly agree not to hold Ustyler and its officers, agents, successors, assigns, representatives, advertisers or employees (collectively “Ustyler Personnel”) liable for any instruction, advice or services delivered which originated through the App or any activity that You engage in as a result of using the App and You release each of the Ustyler Personnel from any and all liability for any damages, costs, actions, claims and/or controversies that have arisen or may arise, whether known or unknown from such activity; and

      2. Ustyler Personnel will not be liable for and You release Ustyler Personnel from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute (including indirect or consequential damages) which You or anyone claiming through You may have, or might at any time have or have had against any Ustyler Personnel
        in respect of, arising out of or resulting from Your download, use or attempted use of the App or any data on it.

  14. General principles of use

     

    1. Ustyler is not responsible for the content of any material or data on or accessed through the App that is not originated by Ustyler. Ustyler exercises no direct supervision or control over the content of such material or data. Ustyler has no responsibility for material or data not actually provided or expressly authorised by it. The responsibility for material and data that does not conform to these Terms and any and all possible consequences lies with the provider or sender of the data.

    2. Ustyler does not and You accept that Ustyler does not and cannot constantly monitor or curate the material or data uploaded to or generated by use of the App. Ustyler is not responsible and accepts no liability to any person for any material or data uploaded to or generated by use of the App. Ustyler reserves the right, but has no obligation, to monitor the material and data uploaded to or generated by use of App. Without notice to You, Ustyler may remove, amend or alter any material or data in the App which, in the reasonable opinion of Ustyler, is considered to be:

      1. offensive, including but not limited to explicit images or offensive language;

      2. advertising by a User that has not been approved by Ustyler;

      3. defamatory or bullying;

      4. racist or supports terrorism;

      5. infringing a third party’s intellectual property or other rights; or

      6. not within the letter or spirit of these Terms.

    3. You must comply with all third party service providers’ terms of use (for example, software providers and network service providers) when using the App and You indemnify Ustyler against any loss or damage which Ustyler may suffer or incur arising from Your failure to comply with the terms of use of any third party service providers.

  15. Acceptable uses

    You must use the App responsibly and in accordance with the law. It is Your responsibility to, and You must:

    1. use the App in a manner that does not violate any applicable laws or regulations, including respecting the legal protection afforded by copyright, trade mark, license rights and other laws related to data accessible via the App;

    2. use the App in compliance with the App’s safety implementations and settings;

    3. use the App in a manner which does not interfere with or disrupt other Users, services or equipment;

    4. refrain from acts that waste resources or prevent other Users from receiving the full benefit of the App; and

    5. use the App ethically and in accordance with accepted community standards.

  16. Unacceptable uses

     

    1. You agree that You are responsible for Your own conduct while using the App and for any consequences arising from such conduct.

    2. You must not use the App to or attempt to interfere with or disrupt the App, it’s services or other User’s services or equipment. In particular, for example, You must not:

      1.  initiate or spread computer worms, viruses or other types of malicious programs;

      2. make transmissions of any type or quantity which adversely affect the operation of the App or jeopardise the use of the App, or its performance for other Users;

      3. harass or impersonate Ustyler or other Users;

      4. engage in conduct that causes a threatened or actual nuisance to other Users;

      5. violate or attempt to violate the security of the App or other Users;

      6. avoid, bypass, remove, deactivate, impair, descramble, manipulate identifiers or otherwise circumvent any technological measure implemented by Ustyler or any of Ustyler’ providers or any other third party (including another User) to protect the App;

      7. attempt to decode, interpret, decipher, decompile, disassemble or reverse engineer any of the software used to provide and operate the App; or

      8. create any unauthorised links to the App or website.

    3. You must not use the App in any way that breaches local, state, federal or international laws or regulations. Without limiting that, You must not:

      1.  violate copyright, trade mark or other intellectual property rights of Ustyler or any other User, non-user or other third parties including providing access to or distributing any of Ustyler’s information, in whole or in part, without Ustyler’s consent;

      2. illegally store, use or distribute software owned by or licensed to Ustyler;

      3. transmit threatening, obscene or offensive materials;

      4. commit fraud;

      5. gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the internet;

      6. adapt, alter, damage, modify or destroy any of Ustyler’s or any other person’s content, files, data, passwords, devices or resources;

      7. make an unauthorised transmission of confidential information or data which is protected by trade secrets;

      8. engage in misleading or deceptive on-line practices;

      9. store any other User’s personal information without their prior consent;

      10. impersonate any company, person, or misrepresent Your identity or affiliation with any person;

      11. represent (either directly or indirectly, expressly or impliedly) that you are affiliated or endorsed by Ustyler unless  otherwise authorised by Ustyler in writing;

      12. copy, simulate the appearance or functionality of the App and/or it’s products and services, including for competitive purposes;

      13. access the App for the purposes of monitoring performance and functionality for any competitive purpose;

      14. collect, copy, use or transfer any information, including personal information, obtained from Ustyler or the App unless   permitted otherwise in writing by the owner of such information; or

      15. attempt to do any of these things

  17. Ustyler’s rights

     

    1. To the maximum extent permitted by law, You indemnify Ustyler Personnel and any other party with whom Ustyler has a contract in relation to the App (“other party”) against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute that Ustyler or any other party may suffer or incur as a result of any breach of these Terms by You.

    2. Without limiting any of Ustyler’ other rights, if You breach any term of these Terms, Ustyler will have the right to:

      1. confiscate or destroy or require You to return or destroy, at Your cost, all material that You
        have obtained from the App;

      2. require You to delete or otherwise permanently remove from any electronic device,
        information You have obtained from the App, using any means reasonably necessary;

      3. suspend or terminate Your access to the App; and

      4. take any other action against You.

  18. What Ustyler may do to ensure that these Terms are being followed

     

    1. Ustyler may (but is not obliged to) monitor Your use of the App to determine whether these Terms are being followed. If Ustyler monitors Your use, Ustyler will safeguard Your privacy unless doing so would involve Ustyler concealing a criminal offence or inhibiting the enforcement of these Terms.

    2. If Ustyler becomes concerned that Your use of the App may break the law or is inconsistent with these Terms, Ustyler will  generally attempt to contact You before taking action.

    3. If Ustyler takes action under clause 17 or this clause 18, Ustyler reserves the right, in its sole discretion, to delete any or all of Your data, software or other content stored by Ustyler.

    4. If Ustyler believes that Your use of the App may break the law or that You have not complied with these Terms Ustyler may:

      1. notify You by email;

      2. suspend or terminate Your access to the App without notice; and/or

      3. notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

  19. Limitations

     

    1. Whilst Ustyler will make commercially reasonable efforts to post a prior warning on the App, Ustyler may from time to time suspend any or all of the services provided on the App or disconnect or deny access to the App, without notice to You during any technical failure, modification or maintenance affecting the App. Ustyler will use commercially reasonable endeavours to procure the resumption of the App as soon as reasonably practicable.

    2. Without notice to You, Ustyler may remove, amend or alter any material or data in the App upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or otherwise in breach of a third party’s rights.

    3. To the maximum extent permitted by law, Ustyler will not be responsible for any interruption to or reduction or lack of performance in the App however caused, but Ustyler will use commercially reasonable endeavours to maintain the performance of the App where this is within Ustyler’ direct control.

    4. Ustyler cannot and does not warrant that the App will operate error-free or that the App and its server are free from computer viruses or other harmful mechanisms.

    5. To the maximum extent permitted by law, Ustyler will not be responsible for any inability of Your Device to access or use the App, or for any loss or damage to Your Device resulting from Your access or use, or attempted access or use, of the App (including downloading any associated applications for the App).

  20. Privacy

     

    Ustyler will collect, hold and use your personal information in accordance with its Privacy Policy. Ustyler’s Privacy Policy sets out:

    1. the purposes for which your personal information is collected;

    2. the consequences if your personal information is not provided to Ustyler;

    3. the third parties to which Ustyler discloses your personal information;

    4. how you may seek access or correction of your personal information;

    5. whether your personal information is likely to be disclosed to overseas entities and in which countries; and

    6. how you can complain about a breach of Ustyler’s obligations in respect of your personal information and how such a   complaint   will be dealt with.

  21. Termination

     

    1. These Terms are effective until terminated in accordance with this clause 21. Ustyler may terminate these Terms at any time if you are in breach of these Terms. Upon or at any time after termination for any reason, You must delete the App and any backup copies of the App if required by Ustyler.

    2. Upon any termination, the rights and licences granted to You by these Terms will terminate and You must cease all use of the App.

    3. All provisions of the Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    4. If You delete or deactivate Your Ustyler account, Ustyler will only store data (including designs) associated with Your account for 90 days. If You do not log into or otherwise reactivate Your Ustyler account within 90 days of deleting or deactivating Your account, Ustyler is not required to store any data or content uploaded by You into the App and may destroy all information associated with You on deletion or uninstallation of the App by You.

  22. Updates to app

     

    1. Unless advised otherwise by Ustyler (including by notice on its website), these Terms as may be amended will apply in respect of any updates and new releases of the App that may be created by Ustyler.

    2. The version of the App software may be upgraded from time to time to add support for new functions and series. The App may automatically download and install updates from time to time.

    3. If You do not accept any update or new release of the App, Ustyler may restrict or terminate Your access to the App.

  23. General

     

    1. Ustyler may assign, novate, sub-licence or otherwise transfer its rights in respect of these Terms without notice to You or without Your consent.

    2. These Terms constitute the entire agreement between You and Ustyler in relation to Your access and use of the App.

    3. No right under these Terms will be deemed to be waived except by notice in writing signed by each party. A waiver by Ustyler pursuant to this clause will not prejudice its rights in respect of any subsequent breach of these Terms.

    4. If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, these Terms will remain otherwise in full force apart from such provisions which will be deemed to be deleted.

    5. These Terms are governed by and construed in accordance with the laws of South Australia. The User irrevocably consents to the non-exclusive jurisdiction of the courts of South Australia for the purpose of any legal action or other dispute resolution arising out of or related to the use of the App or these Terms.

    6. Where Ustyler deems it necessary and appropriate, Ustyler may enter into a written agreement with a User (who may be individuals or legal persons) to grant additional rights or privileges that may supersede or replace those set out in these Terms, or restrict the rights and capabilities of that User beyond that otherwise set out in these Terms.

Contact Ustyler

Any questions, complaints or claims regarding these Terms or the App should be directed to Ustyler at any of the following contacts:

Email: support@ustyler.com
Postal: Ustyler Pty Ltd
PO Box 123,
Henley Beach SA 5022
AUSTRALIA