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Atomic Fight – Terms & Conditions of Use

These Terms of Use, together with the privacy policy available at www.atomicfight.com.au (“Privacy Policy”) and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement”.

This Agreement constitutes a legal agreement between you (“you” or “Customer”) and Atomic Fight Pty Ltd (“Atomic Fight” or “us”).

This Agreement governs your use of our services and platform through our website located at www.atomic fight.com.au as it may be modified, relocated and/or redirected from time to time (the “Site”), and the mobile applications offered by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to as the “Atomic Fight Platform”. By accessing, using or registering with the Atomic Fight Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time.

By using the Atomic Fight Platform, you represent and warrant that:

  1. you are at least 18 years old, and are otherwise capable of entering into binding contracts; and
  2. you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
  3. Where you enter into this Agreement on behalf of a company or other organisation, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

1. THE ATOMIC FIGHT PLATFORM

  1. The Atomic Fight Platform is exclusively a communications platform for enabling the supply and purchase of Goods, as supplied by Atomic Fight to individuals or other legal entities seeking to obtain such goods (“Customers”). Customers are referred to as “Users”. Those Goods requested by Customers, which are to be provided by Atomic Fight, are hereinafter referred to as “Products”.
  2. The Customer agrees that the use of the Atomic Fight Platform, the supply and delivery of Goods and associated supporting services as posted and booked through the Atomic Fight Platform (“Order”), are subject to this Agreement.
  3. Atomic Fight shall undertake to ensure timely delivery of the Products subject to a duly registered and paid-in-full Customer Order and to furthermore ensure the configuration and finish quality of such Products are as represented on the Platform.
  4. Atomic Fight shall accept no responsibility for the delivery or quality of any Product branded as “Atomic Fight” that is transacted by a third party or on-sold. Atomic Fight shall solely accept responsibility for sale and delivery of Products conducted under this Platform or via any other direct commercial activity conducted by Atomic Fight directly with the Customer.

2. RULES FOR USE OF THE ATOMIC FIGHT PLATFORM

  1. You will be required to register your personal information, including your name, address, phone number and payment details on the Atomic Fight Platform (“User Profile”) in order to conduct a Product Order booking.
  2. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.
  3. Your User Profile is personal to you and are not transferable.
  4. You are responsible for all information posted on or transmitted via the Atomic Fight Platform by anyone using your User Profile and any payments due for the Product/s acquired through the Atomic Fight Platform by anyone using User Profile.
  5. You should notify us of any breach of security of your User Profile immediately.
  6. Customers may not use the Atomic Fight Platform for any other purposes or in connection with any commercial endeavours whatsoever without our express prior written consent of Atomic Fight
  7. You shall NOT use the Atomic Fight Platform to do any of the following:
    • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
    • Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
    • Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
    • Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
    • Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Atomic Fight Platform.
    • You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Products facilitated through the Atomic Fight Platform without express written permission from us.
    • viii)Use the Atomic Fight Platform to collect personal details and/or email addresses of Users by electronic or other means without our express prior written consent.
    • Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
    • Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
    • Restrict or inhibit any other User from using and enjoying the Atomic Fight Platform.
    • Imply or state that any statements you make are endorsed by us, without our prior written consent.
    • xiii)Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Atomic Fight Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Atomic Fight Platform in any manner, or attempt to do any of the foregoing.
    • xiv)Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
    • Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
    • xvi)Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
    • xvii)Register to use the Atomic Fight Platform under different identities after your User Profile has been suspended or terminated.
    • xviii)Mirror or archive any part of the Atomic Fight Platform or any content or material contained on the Atomic Fight Platform without Atomic Fight’s written permission.
    • xix)Alter transmission data without Atomic Fight’s consent
  8. As a hosted and managed service, Atomic Fight reserves the right to upgrade, maintain, backup, amend, add or remove features, redesign, improve or otherwise alter the Atomic Fight Platform.

3. ATOMIC FIGHT PLATFORM ORDER SYSTEM

  1. To purchase an Atomic Fight Product, you must execute an Order through the Shop function, Add To Cart that Order and execute a Purchase Payment in Shopping Cart.
  2. The Order Purchase value for which Payment is required shall be made up of the Product Price plus Mailing Charges if any, minus any applicable Wholesale or Promotional discount.
  3. An Order Delivery timeline and Order Number shall be specified upon Order submission as included in the Order Confirmation.
  4. The Customer may monitor progress of Order Delivery with reference to the Delivery Tracking Number, which may be requested from Atomic Fight if not issued upon Order Confirmation.
  5. In cases of late or non-delivery of Order, or upon receipt of Order of incorrect or faulty Products the Purchaser shall notify Atomic Fight who shall make best endeavours to expedite dispatch of correctly configured Products as Ordered at the cost of Atomic Fight.
  6. To specify an Order for Products of a configuration, colour or size not available on the Atomic Fight platform, or to enquire about Atomic Fights per unit price offer for larger volume Orders, you may enter details of such request via Contact Us function on the Platform.
  7. Where the selected Product in Shop function of the Platform is listed as Out Of Stock you may:
    • Select an alternate Product
    • Request by selecting Contact Us function information on when the Product shall be in stock
    • For applicable Products, select Advance Order Purchase for that Product and make a refundable twenty percent (20%) deposit.
    • Atomic Fight shall notify you when Advance Order Purchase Products are in stock and available for Delivery, subject to your payment of the remaining due eighty percent (80%) Order Value payment within twenty-one (21) days of dispatch of such notice by Atomic Fight.

8. Upon receipt of a Booking confirmation you agree that this Agreement constitutes a contractual relationship between you and Atomic Fight for the supply of the Ordered Products.

4.) CUSTOMERS OBLIGATIONS

The Customer agrees to

    1. Provide correct and up to date details to Atomic Fight of full address, contact details and delivery instructions
    2. Provide current and valid Order Payment details only for an account you are authorised to use.
    3. Not utilise Ordered Products as supplied by Atomic Fight for any unauthorised or unlawful purpose.
    4. At all times utilise Atomic Fight Products according to their intended and safe use.
    5. Report any case of injury or damage resulting from the use of Ordered Atomic Fight products that may in any possible way be due to some fault in the design or condition of those Products immediately.

5. PAYMENT

  1. In order to establish a confirmed Order, customers are obligated to pay in advance for the Product they order through the Atomic Fight Platform. We will charge the Customer’s credit card according to the amount the Customer has agreed to on the Atomic Fight Platform with respect to Products, specified Mailing Delivery costs and applicable Wholesale or Promotional discounts.
  2. We will use third party services to process credit card information. By accepting this Agreement, you are giving Atomic Fight (or a third-party payment processor on Atomic Fight’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Atomic Fight. Depending on the transaction you selected or services requested, Atomic Fight may charge you on a one-time or, according to specific mutual agreement on a recurring basis.
  3. The Customer agrees that at the time of posting their Order, their credit card payment details will be transferred to the Atomic Fight Platform secure payment gateway and charged accordingly. In the case of Balance payment for Advance Purchase Orders, such charge shall be executed upon authorisation of the Customer.
  4. The Customer must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto the Customer.

While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

6. RATINGS AND REVIEWS

  1. The Atomic Fight Platform may contain blogs, applications, opportunities for Customers to provide reviews and ratings on Atomic Fight Products.
  2. The Customer agrees to provide accurate information and to not unreasonably give a Product a low rating.
  3. Atomic Fight may, in its discretion, publicly post reviews and or ratings you submit to a non-public area of the Atomic Fight Platform, unless you expressly request otherwise.

7. ORDER MODIFICATIONS, CANCELLATIONS AND RETURNS

  1. When a Customer requests to change or cancel a Confirmed Order, the Customer shall be liable for any costs incurred by Atomic Fight as a result of such action as it relates to the current progress of the initial Order at the time of notice of Order Modification or Cancellation. Such costs as reasonably assessed may take the form of an additional charge or reduction in Cancelled Order Refund.
  2. The Customer shall accept that Atomic Fight shall in many instances not have the practical capacity to interrupt the Delivery of a Confirmed Order, which shall proceed and the Customer shall be liable for the cost of the return of that Product.
  3. The Customer may in addition elect to Return a Product received from Atomic Fight within fourteen (14) days of Delivery without explanation of Claim or Fault under condition of full refund, minus reasonable expenses incurred by Atomic Fight.
  4. A Product received by the Customer that is demonstrably not as specified when Ordered on the Atomic Fight Platform or is faulty in some substantial respect may be under approval by Atomic Fight be returned within fourteen (14) days of Delivery under condition of full refund by Atomic Fight without deduction.
  5. The Customer must convey particulars of such Order error or Product fault in written description and photographs as sent to Atomic Fight Contact Us on the Platform and such Claim shall be subject to ed approval by Atomic Fault of the recognised valid error or fault prior to authorising the Customer to proceed with carrying out the Return.
  6. Atomic Fight shall additionally and when such case is merited, approve and provide full Refund in case of Product Fault when notified of such by the Customer within and sixty (60) days after Delivery.

8. TERM AND TERMINATION

  1. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
  2. Termination by Atomic Fight: We may terminate this Agreement or terminate or suspend your right to use the Atomic Fight Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Atomic Fight Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behaviour (collectively, “Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice.
  3. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
  4. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  5. When terminating your account, Atomic Fight may delete your account and all the information in it. You have no ownership rights to your account.
  6. Termination by You: You may terminate this Agreement by completely and permanently ceasing to use the Atomic Fight Platform (provided that there are no outstanding Orders under your User Profile) and by closing any account you have opened on the Atomic Fight Platform.
  7. If you attempt to terminate this Agreement while there are still outstanding Confirmed Product Orders current under your User Profile, this Agreement shall not terminate until such Product Delivery has been performed or otherwise cancelled as permitted by Atomic Fight.

9. MODIFICATIONS TO THE ATOMIC FIGHT PLATFORM

We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Atomic Fight Platform or any content or information on the Atomic Fight Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Atomic Fight Platform.

10. INTELLECTUAL PROPERTY RIGHTS

  1. The Atomic Fight Platform, and the information, data, content and materials, which it contains (“Atomic Fight Materials”), are the property of Atomic Fight and/or its affiliates and licensors.
  2. The Atomic Fight Materials are protected from unauthorised copying and dissemination by Australian copyright law, trademark law, international conventions, and other intellectual property laws.
  3. Atomic Fight and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Atomic Fight Materials.
  4. Any use of Atomic Fight Materials, other than as expressly permitted herein, is prohibited without the prior permission of Atomic Fight and/or the relevant right holder.

11. CONFIDENTIALITY

  1. The term “Confidential Information” shall mean any and all of Atomic Fights trade secrets, confidential and proprietary information, personal information and all other information and data of Atomic Fight that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure.
  2. The Atomic Fight Platform contains secured components that are accessible only to Users who have been granted access or entry code by Atomic Fight. Information contained within the secure components of the Atomic Fight Platform is confidential and proprietary.
  3. You acknowledge that Confidential Information is a valuable, special and unique asset of Atomic Fight and agree that you will not use Confidential Information other than as necessary for you to make use of the Atomic Fight Platform as expressly permitted by this Agreement and only during the term of this Agreement.
  4. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose.
  5. You shall promptly notify Atomic Fight in writing of any circumstances, which may constitute unauthorised disclosure, transfer, or use of Confidential Information.
  6. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use.
  7. You shall return all originals and any copies of any and all materials containing Confidential Information to Atomic Fight upon termination of this Agreement for any reason whatsoever.

12. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY

  1. Use of the Atomic Fight Platform is entirely at your own risk
    • To the fullest extent permitted by applicable law, the Atomic Fight Platform is provided on an “as is” basis without warranties of any kind, either express or implied.
  2. Without limiting the foregoing, neither Atomic Fight nor its affiliates or licensors warrant that the Atomic Fight Platform will be uninterrupted or error-free; nor do they make any warranty as to any content available in or through the Atomic Fight Platform; nor do they make any warranty as to harm, injury, death or damages resulting from the use of Atomic Fight products under lawful and reasonably intended conditions of use.
  3. Without limiting the foregoing, neither Atomic Fight nor its affiliates or licensors warrant that the Atomic Fight Platform will be uninterrupted or error-free; nor do they make any warranty as to any content available in or through the Atomic Fight Platform; nor do they make any warranty as to harm, injury, death or damages resulting from the use of Atomic Fight products under lawful and reasonably intended conditions of use.
  4. Atomic Fight may, in the course of executing delivery of Product Purchase Orders, utilise the services of Third-Party Providers including Order Fulfillment Agencies, Freight Forwarding Services and Postal Services and shall make no warranty nor assume liability for any action or effect of such services in their execution. and you expressly waive and release Atomic Fight from any and all liability, claims or damages arising from or in any way related to the third-party provider.
  5. Access to the Atomic Fight Platform is provided free of charge as a courtesy. Neither Atomic Fight nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any user of the Atomic Fight Platform or Products (including but not limited to the conduct of any Customers or Products
    • Neither Atomic Fight nor its affiliates or licensors warrant that the Atomic Fight Platform is free from viruses, worms, trojan horses, or other harmful components.
    • Atomic Fight and its affiliates and licensors cannot and do not guarantee that any information, personal or otherwise, supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
  6. No liability
    • You agree not to hold Atomic Fight, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants (collectively, “Members”) liable for any damages, expenses, losses, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the Atomic Fight Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment, acts of physical violence, and loss or destruction of personal property), Products, any dispute with any User, any instruction, advice, act, or service provided by Atomic Fight or Members, and any destruction of your information.
    • Under no circumstances will Atomic Fight or Members be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss arising in connection with your use of or inability to use the Atomic Fight Platform or any Atomic Fight Products, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Atomic Fight knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
    • Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Atomic Fight and Members exclude all conditions and warranties that may be implied by law.
    • To the extent permitted by law, Atomic Fight’s Response’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at Atomic Fight’s option to:
      • The re-supply of Products and services or payment of the cost of re-supply of Products and services; or
      • The replacement or repair of goods or payment of the cost of replacement or repair.
  7. Release
      • Atomic Fight and Members expressly disclaim any liability that may arise between Users of the Atomic Fight Platform.
      • The Atomic Fight Platform is solely a venue for the sale and supply of Products. To the extent that the Atomic Fight Platform may undertake the sale of Products to a User who may on-sell such Products to a third party, Atomic Fight will not be responsible for price, Product condition, suitability, legality or payments between the User and any third-party recipient arising from such activity. Users and any other third-party shall expressly waive and release Atomic Fight from any and all liability, claims or damages arising from or in any way related to such third-party sales.
  8. Additional Disclaimer
      • Nothing in this agreement or the Atomic Fight Platform constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
      • By using the Atomic Fight Platform, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not believe they are reasonable, you must not use the Atomic Fight Platform.
      • Each party acknowledges that the other party has entered into this agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
  9. Indemnification
    • You hereby agree to indemnify, defend, and hold harmless Atomic Fight and Members from and against any and all claims, losses, expenses, liabilities, damages or demands in connection with or resulting from, directly or indirectly:
    • your use or misuse of or inability to use the Atomic Fight Platform, and or any Products transacted under the Platform,
    • your breach of this Agreement,
    • your violation of any applicable law or regulation;
    • your violation of the rights of another, and
    • your Information and content that you submit or transmit through the Atomic Fight Platform.

Atomic Fight reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Atomic Fight.

13. PRIVACY & DATA

  1. Atomic Fight maintains the Privacy Policy in compliance with the provisions of the Privacy Act 1989 (Cth) (Privacy Act) for data that it collects about Users.
  2. The Privacy Policy does not apply to how a third-party provider including Fulfillment Agency, Freight Forwarder or Postal Service provider handles personal information. If necessary, under the Privacy Act, it is the third-party provider’s Professional’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
  3. Atomic Fight takes the security of the Atomic Fight Platform and the privacy of its Users very seriously. The Customer agrees not do anything to prejudice the security or privacy of the Atomic Fight Platform or Atomic Fight Materials.
  4. Atomic Fight shall do all things reasonable to ensure that the transmission of Customer data in the Atomic Fight Platform occurs according to accepted industry standards.
  5. All Customer Data including User Profiles stored through the Atomic Fight Platform shall be stored according to accepted industry standards.

14. DISPUTE RESOLUTION

a) Informal Negotiations.

To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between the Customer and Atomic Fight, the Customer and Atomic Fight agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. The Customers address for such notices is the address provided by Customer to Atomic Fight. Atomic Fight’s address for such notices is 601/1-7 Gloucester Place, Kensington, NSW 2033, Australia.

b) Mutual Mediation and Arbitration Provision.

  1. In the event that the dispute has not settled pursuant to 12.1, Atomic Fight and the Customer shall endeavour to settle any dispute arising out of or relating to this agreement, including with regard to its existence, validity or termination, by mediation administered by the Australian Disputes Centre (ADC).
    • The mediation shall be conducted in accordance with the ADC Guidelines for Commercial Mediation operating at the time the dispute is referred to ADC (the Guidelines).
    • The terms of the Guidelines are hereby deemed incorporated into this agreement.
  2. In the event that the dispute has not settled within twenty-eight (28) days following referral to ADC, or such other period as agreed to in writing between Atomic Fight and the Customer, the parties shall submit the dispute to arbitration in Sydney, New South Wales.
    • The arbitration shall be administered by ADC and conducted in accordance with the ADC Rules for Domestic Arbitration operating at the time the dispute is referred to arbitration (the Rules).
    • The terms of the Rules are hereby deemed incorporated into this agreement.
    • The arbitrator shall not be the same person as the mediator unless the parties each consent in writing to the arbitrator so acting.
  3. This clause shall survive termination of this agreement.

BY AGREEING TO ARBITRATE ALL SUCH DISPUTES, THE PARTIES TO THIS AGREEMENT AGREE THAT ALL SUCH DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION BEFORE AN ARBITRATOR AND NOT BY WAY OF A COURT.

15. GOVERNING LAW

This Agreement is governed by and is to be construed in accordance with the laws from time to time in force in the State of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of that State and any courts competent to hear appeals there from.

16. CHANGES TO THIS AGREEMENT 

We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Atomic Fight Platform. Your continued use of the Atomic Fight Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

17. ASSIGNMENT

  1. This Agreement may not be assigned or transferred by you without our prior written approval.
  2. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer.
  3. Any assignment in violation of this section shall be null and void.
  4. This Agreement shall inure to the benefit of permitted successors and assigns.

18. GENERAL PROVISIONS

  1. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
  2. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right.
  3. This Agreement constitutes the entire agreement between you and Atomic Fight with respect to its subject matter.
  4. These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
  5. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement
  6. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Atomic Fight. Atomic Fight’s address for such notices is by mail to Atomic Fight Pty Ltd 601/-7 Gloucester Place, Kensington, NSW, 2033, Australia
  7. The headings in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement.
  8. Atomic Fight shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Atomic Fight’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, Failure of Fulfillment Agency or Postal Service to perform, flood, fire, explosion, acts of terrorism or accident.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE ATOMIC FIGHT PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

© 2019 Atomic Fight.