Legally Binding Agreement

These Terms and Conditions of Use ('Terms') govern your access to and use of the wyser.men website ("Website") and the Services ("Services") that may be provided to you. WYSER Men agrees to your use of the Website and provides its Services to you subject to these Terms.

Your access to and use of the Website and Services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website and/or Services.

Your use of the Website and/or your registration for Services signifies that you accept these Terms and agree to be bound by and comply with these Terms, and has the same force and effect as if you had actually signed these Terms.

Your use of the Website and/or registration for and use of the Services is also subject to WYSER Men's Privacy Policy. The personal information you provide when you register for and use the Services will be managed in accordance with our Privacy Policy.

WYSER Men reserves the right to revise and update these Terms and our Privacy Policy from time to time. Your continued use of the Website and the Services will signify your agreement with and acceptance of those changes.

The Website and Services are intended only for users aged 18 or older, and further subject to the minimum age at which it is permissible at law to enter into a legally binding agreement in your country if that age is greater than 18 years. Individuals under this age are strictly prohibited from using the Website and registering for or using the Services and any user accounts for any such person shall be terminated by WYSER Men upon discovery.

User Accounts and Obligations

You agree that in using the Website and/or the Services:

1. you are responsible for all content that you upload or otherwise provide to WYSER Men via the Website and the Services and you will provide true, accurate, current and complete information about yourself as prompted by the registration process. In particular, to register, you must provide your real name, phone number and email address;
2. if you provide any information that is untrue, inaccurate, not current or incomplete, or WYSER Men has reasonable grounds to suspect you have, it has the right to suspend or terminate your registration and refuse any or all current or future use of our Services;
3. you will not use the Services to access information or perform services related to another person unless expressly permitted by us;
4. you will not impersonate or falsely misrepresent any person;
5. you are responsible for ensuring that your password and any other security information are kept secure and confidential. You should not disclose them to anyone. If you do, you are fully responsible for all actions that occur under your password and in the name of your Services account;
6. if you lose control of your password, you may lose control of your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify WYSER Men of this and of any unauthorised use of your password or account as well as immediately change your password via the Website;
7. you will not use the Website or any of the Services for any purpose that is unlawful, breaches any law, infringes a third-party's rights or is prohibited by these Terms, including anything which affects the security of the Website or interferes with other users including, but not limited to, the transmission of spam; and
8. you must ensure that you exit from (log out of) your account at the end of each online session.

Content

Your Right to Post Content

Our Services allow you to post content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content (“Content”). You are responsible for the Content that you post to the Website while using the Services, including its legality, reliability, and appropriateness.

By posting Content, you grant WYSER Men, its affiliates, officers, directors, employees, consultants, agents, and representatives (“Us”) the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on the Website and during your participation in the Services. You retain any and all of your rights to any Content you submit, post or display while using the Website and/or Services and you are responsible for protecting those rights. You agree that this license includes the right for Us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

You represent and warrant that:

1. the Content is yours (you own it) or you have the right to use it and grant Us the rights and license as provided in these Terms, and
2. the posting of your Content on the Website or through the use of the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

WYSER Men is not responsible for the Content of the Service's users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

1. Unlawful or promoting unlawful activity.
2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
3. Spam constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
6. Impersonating any person or entity including WYSER Men and its employees or representatives.
7. Violating the privacy of any third person.
8. False information and features.

WYSER Men reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and refuse or remove this Content. WYSER Men further reserves the right to make formatting and edits and change the manner of any Content. WYSER Men can also limit or revoke the use of the Services if you post such objectionable Content.

As WYSER Men cannot control all Content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will WYSER Men be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of, or reliance on, any Content.

Content Backups

Although regular backups of Content are performed, WYSER Men does not guarantee that there will be no loss or corruption of data.

Corrupt or invalid backups may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

WYSER Men will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that WYSER Men has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

"As Is" and "As Available" Disclaimer

WYSER Men has used its best endeavours to ensure that the content on the Website, including the content related to the Services, is correct and current. However, the content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. Accordingly, to the maximum extent permitted by law, WYSER Men does not warrant the reliability, accuracy, quality, currency or completeness of the content on the Website or used in the delivery of the Services and takes no responsibility for any error, omission or defect contained in that content.

The Website and Services are provided "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, WYSER Men expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website and Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, WYSER Men provides no warranty or undertaking, and makes no representation of any kind that the Website and/or Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither WYSER Men, nor any of WYSER Men's service or content providers, makes any representation or warranty of any kind, express or implied:

1. as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
2. that the Service will be uninterrupted or error-free;
3. as to the accuracy, reliability, or currency of any information or content provided through the Website and/or Services; or
4. that the Website, Services, its servers, the content, or emails sent from or on behalf of WYSER Men are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

WYSER Men does not represent or warrant that the Website, its content or any other material accessible from the Website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

Any material downloaded or otherwise obtained through the use of the Website or the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from WYSER Men or through or from the Website or the Services shall create any warranty not expressly stated in the Terms.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Links to Other Websites

The Website and/or Services content may contain links to third-party web sites or services that are not owned or controlled by WYSER Men. WYSER Men does not endorse them or give any warranties or assume any responsibility as to their accuracy or dealings with the intellectual property rights of any person, and WYSER Men assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. These links are provided for your convenience only and by accessing these linked sites, you agree to any terms of access or use imposed by those linked sites.

WYSER Men has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that WYSER Men shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Exclusions and Limitations

Implied Terms

If you use the Website or Services, the Trade Practices Act or similar legislation may imply certain non-excludable terms, conditions or warranties into the contract between you and WYSER Men, or may give you certain non-excludable remedies against WYSER Men. If WYSER Men breaches a non-excludable term, condition or warranty, then liability for that breach (other than breach of a warranty implied by section 69 of the Trade Practices Act) will be limited, at WYSER Men's election, to:

1. the re-supply of the relevant goods, advice, service, recommendation or information; or
2. the payment to you of the cost of having the relevant goods, advice, service, recommendation or information supplied again.

Exclusion of Liability

Except to the extent that liability may not lawfully be excluded, WYSER Men will not be under any liability to you (or any of your officers, agents or employees) for:

1. any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from, or in connection with, your use of, or inability to use, the Website or your use of, or reliance upon, any of the information, Services or materials contained on the Website or provided by the Website to you; or
2. any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the Website or the Services.

Indemnity

You agree to indemnify WYSER Men (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) harmless and hold them harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any claim by a third-party arising directly or indirectly out of or in connection with:

1. any breach by you of these Terms; or
2. any suit, claim or demand brought or made against WYSER Men by or due to the conduct, act or omission of:
1. you; or
2. any person accessing any content through your Services account.

Intellectual Property Rights

The content of the Website and the Services is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Website and content of the Services. WYSER Men trade marks are used on the Website, as are trade marks registered by other parties with their permission.

The materials and content accessed from or via the Website (including software and web designs) contain proprietary and confidential information that is protected by applicable Australian intellectual property and other laws. You may view these materials and content online or print a copy for your personal use and record and you may use the online documents to carry out the Services available to you. All other use, copying or reproduction of any part of the Website or content related to the Services unless otherwise permitted by these Terms, (including, without limitation, reproduction on any other website or systematic downloading of any content) is prohibited. Unless expressly stated otherwise, nothing contained on the Website or associated with the Services should be construed as a licence or right of use of any trade mark displayed on the Website or content related to the Services without the express written permission of the owner of the trade mark.

You must not tamper with any copyright notice, nor tamper with or commercially use any trademark, logo or names (including business and domain names). You agree that you may not otherwise copy, change, adapt, communicate, sell or otherwise deal with the material on the Website or available from the Services. WYSER Men retains all rights in relation to its online content and documents and may use them or the information on them for any of its purposes, subject to its Privacy Policy and privacy laws.

To request permission from WYSER Men to utilise, distribute or reproduce any content or part thereof on the Website or associated with the Services, please email WYSER Men at admin@wyser.men and identify the content and provide details of its intended purpose and/or distribution.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is WYSER Men's policy to respond to any claim that content on the Website or associated with the Services infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement you must submit your notice in writing to the attention of our copyright agent via email admin@wyser.men and include in your notice a detailed description of the alleged infringement.

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website and/or Services.

You may be held accountable for damages (including costs and legal fees) for misrepresenting that any content is infringing your copyright.

General

Other Terms and Conditions

These Terms are in addition to any terms and conditions:

1. contained in any WYSER Men Rules as they apply to any of the Services;
2. that apply to any specific transactions undertaken by you with WYSER Men; and
3. contained in any third-party documents and websites accessed via the Website.

Waiver

Any failure by WYSER Men to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted by it in writing.

No Licence

Nothing contained on the Website or as part of the Services should be understood as granting you a licence to use any of the trademarks, service marks, or logos owned by WYSER Men or by any third-party.

Overseas Access

WYSER Men makes no representation or warranty that any offering or content accessible through Website and Services is appropriate or available for use in locations outside Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws.

Entire Agreement

These Terms and WYSER Men's Privacy Policy, as may be amended from time to time, constitute the entire agreement between you and WYSER Men as to the use of the Website and the Services and supersede all prior or inconsistent statements or representations in that respect.

Marketing

By registering for our Services, you consent to WYSER Men sending you marketing, promotional and other commercial emails to the address you provide on registration unless you opt out. You can opt out of receiving these emails using the “unsubscribe” link in the footer of our emails or by contacting WYSER Men at any time via admin@wyser.men.

Governing Law

The laws of Queensland, Australia govern these Terms, and both you and WYSER Men submit to the exclusive jurisdiction of the Courts of that State.

WYSER Men Contact Details

If you have any questions or feedback about the Website or Services, please contact us:

• by email: admin@wyser.men
• by post:
  WYSER Men
  PO Box 4104,
  Ashmore QLD 4214

We will respond within 3-5 business working days