Social Media Upload T&Cs Landing Page

Magic Hand Carwash Portal – Terms of Use

 

  • Magic Hand Carwash Franchisor Pty Ltd ACN 101 257 023 (Magic HCW) has implemented a social media portal (Portal) which is made available to employees of Magic Hand Carwash franchise stores throughout Australia (Stores).

 

  • The employees of Stores are invited to upload and share photos, images, videos and recordings produced by the employee at Store locations (Content) in the Portal, on the terms and conditions set out in these Terms (as may be updated or amended by Magic HCW from time to time).

 

By using the Portal and uploading any Content, you acknowledge and agree that:

 

  • you will comply with Magic HCW and Store workplace policies, including social media policies as updated or amended from time to time and will act in the best interests of Magic HCW in connection with your use of the Portal;

 

  • you warrant that the Content has been produced by you and you have not obtained the Content from a third party. You will not grant any third-party access to the Portal without the prior written consent of Magic HCW or its authorised representative;

 

  • you will only use the Portal to post work-related material, in the interests of promoting the Store and the Magic HCW brand. You will not upload any personal material to the Portal;

 

  • Magic HCW may use the Content, or any portion of the Content, in Magic HCW promotional material (in any medium), blogs, galleries, forums, social media and its website (Promotions), without providing you with any form of compensation, notification or requiring your permission, unless otherwise required by law;

 

  • all Content uploaded to the Portal by you will become the property of Magic HCW at the time it is uploaded and you acknowledge that:

 

    • you assign all of your right, title and interest (including copyright) in and to the Content to Magic HCW; and

 

    • you consent to any use of the Content by Magic HCW which may otherwise infringe your moral rights pursuant to the Copyright Act 1968 (Cth) and you grant creative permission to Magic HCW to alter the Content;

 

for the purpose of Magic HCW utilising the Content in connection with the Promotions;

 

  • you have obtained the express written consent of any person who is reasonably identifiable in the Content for the use of their image or likeness and publication of the Content;

 

  • you will not receive any form of payment (by way of royalties or otherwise) in connection with the Content;

 

  • it is not guaranteed that your Content will be used by Magic HCW in any Promotions and Magic HCW is not obligated to use the Content for use in any Promotions;

 

  • without limiting the above, you grant Magic HCW permission to publish your social media handle (such as Instagram handle) for acknowledgement and credit purposes or commentary purposes if Magic HCW, in its absolute and sole discretion, deems it appropriate;

 

  • Magic HCW cannot control the use of your Content by a third party and is not responsible for any use of your Content by a third party. You agree to hold Magic HCW harmless in relation to, and acknowledge that no liability arises against Magic HCW for, any use of your Content by a third party;

 

  • Magic HCW is not liable for any loss, including but not limited to direct, indirect or consequential loss or damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with the Content. You agree to hold Magic HCW harmless from all and any liability which may arise from use of the Content, except for any liability which Magic HCW cannot exclude by law (in which case that liability is limited to the minimum allowable by law);

 

  • the Content does not contain material that is unlawful or violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights, or constitutes copyright infringement;

 

  • you warrant that the Content does not contain any content which may reasonably be deemed offensive, obscene, pornographic, indecent, defamatory, abusive, threatening, discriminatory or be seen to advocate any illegal activity in any way, or may reasonably be seen to be damaging to Magic HCW’s brand or business reputation;

 

  • Magic HCW reserves the right to:

 

    • remove any material or Content from the Portal;
    • not permit you to upload Content, amend Content or access the Portal; and/or
    • discontinue the Portal;

 

at any time and for any reason, in its absolute and sole discretion, without notice to you. Magic HCW is not responsible for the loss of data resulting from removal or deletion of Content or your discontinued use of the Portal;

 

  • all licenses and assignments granted by you to Magic HCW in respect of the Content will survive termination of these Terms;

 

  • these Terms should be read in conjunction with Magic HCW’s privacy policy, which can be accessed on its website at www.magichcw.com.au;

 

  • no failure to exercise and no delay in exercising on the part of any party any right, power or privilege under these Terms shall operate as a waiver nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise or the exercise of any other right, power or privilege;

 

  • notwithstanding that any provision, or part thereof, of these Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason, those provisions, or part thereof, are deemed omitted without affecting the legality of the remaining provisions and, the remaining provisions of these Terms shall continue in full force and effect;

 

  • competent to contract in your own name;

 

  • these Terms are governed by the laws of Victoria, Australia. You submit to the jurisdiction of the courts of Victoria, Australia;

 

  • you have read these Terms before acknowledging and accepting them and you fully understand the contents, meaning and impact of these Terms;

 

  • if you do not agree to the terms and conditions set out above, you should not acknowledge your acceptance of these Terms and should not upload any Content to the Portal.

 

 

 

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