Utter Gutters: Website Terms and Conditions
Website Terms and Conditions
Last Updated: 18.06.25
1. Introduction
a) Accessing the Website is subject to these terms and conditions.
b) By accessing the Website, the Website User agrees to be bound by these terms and conditions.
c) Utter Gutters reserves the right to amend these terms and conditions at any time without notice. Continued access to the Website is deemed to constitute the acceptance of any amendments to these terms and conditions.
2. Access to the Website and Third Party Links, Third Party Websites and/or Third Party Applications
a) Access to the Website is at the sole risk of the Website User.
b) The Website User in accessing the Website accepts the condition including any errors and/or omissions of the Website at the time of access.
c) The Website User in accessing the Website expressly acknowledges that Third Party Applications may be used to run the Website.
d) Utter Gutters accepts no liability for any Loss and/or damage, both direct and indirect, arising out of the use of or access to the Website including content contained in Third Party Links, external Third Party Websites and/or Third Party Applications. Utter Gutters does not warrant that any content contained in external Third Party Websites and/or Third Party Applications is accurate, current and complies with any applicable laws and legislation.
e)Utter Gutters does not warrant that any Content on the Website is free from any malicious software such as but not limited to viruses, worms and other cyber defects. Utter Gutters accepts no liability for any Loss and/or damage caused by malicious software arising out of the use of and/or access to the Website.
f) Utter Gutters reserves all of its rights to:-
i. correct any errors and/or omissions in relation to the Website when and as necessary without notice to the Website User;
ii. restrict and/or prevent access to the Website or any part of the Website to perform maintenance and other functions when and as necessary without notice to the Website User; and/or
iii. limit, suspend temporarily or indefinitely, access to the Website without notice to the Website User.
3. Obligations of the Website User
a) The Website User will:
i. read and abide by all instructions, notices and warnings provided by Utter Gutters and/or third parties before and whilst using the Website; and
ii. not use the Website or cause or allow anyone else to use the Website:
1. for any unlawful purpose;
2. to breach any third party right;
3. in contravention of any generally accepted community standard;
4. to transmit any offensive, defamatory, inappropriate, deceptive, misleading or knowingly incorrect material;
5. to transmit any promotional, marketing or advertising or like material without the express written consent of Utter Gutters; and/or
6. to transmit any virus, malicious software or application and/or any cyber threat or defect that violates the security of the Website and/or access to the Website by Utter Gutters, its Affiliates and/or other Website Users.
b) The Website User expressly acknowledges that they have read and accept any agreement or terms of service or use of any third party engaged or used to enable the running of the Website, or to allow Utter Gutters to affect any of its obligations contained in any agreement entered into with the Website User.
4. Intellectual Property
a) Utter Gutters is the owner of all Intellectual Property including copyright, trademarks and logos on the Website except as where attributed otherwise. Website Users must not reproduce, distribute, transmit, communicate, sell, publish, alter, modify or create derivative work from any Content including Intellectual Property obtained from or derived from the Website without the express written permission of Utter Gutters.
b) In the event that the Website User submits, posts, transmits, publishes, distributes or otherwise makes available any Content or material on the Website or any other social media platform of Utter Gutters containing Intellectual Property to which the Website User owns or otherwise retains some legal or moral right, the Website User grants to Utter Gutters a non-exclusive, irrevocable, worldwide, royalty free, perpetual, transferrable licence to enable Utter Gutters to affect any other obligation required under this Agreement.
i. The Website User warrants to Utter Gutters that it has the right to grant the licence and is not infringing any legal or moral right of any third party by granting the licence to Utter Gutters.
5. Indemnity and Liability
a) The Website User must indemnify and keep Utter Gutters indemnified from and against all Loss suffered or incurred directly and indirectly by Utter Gutters in respect of any:
i. loss of or damage to any real or personal property;
ii. personal injury or death; or
iii. any special, indirect or consequential Loss, that is, Loss beyond a normal measure of Loss that arises out of or as a consequence of the performance or non-performance of this Agreement by the Website User, except to the extent that such Loss is attributable to the gross negligence or willful misconduct of Utter Gutters.
b) The Website User must indemnify and keep Utter Gutters indemnified from and against all Loss arising out of or in connection with any act or omission of the Website User which gives rise to a liability of Utter Gutters to a third party.
c) To the extent permitted by law, Utter Gutters accepts no liability for Loss whatsoever suffered or incurred by the Website User, directly or indirectly, by the Website User or anyone else’s use of or access to the Website under this Agreement.
6. Dispute Resolution
a) If a dispute arises between Utter Gutters and the Website User under or in connection with this Agreement or otherwise, the parties must use their reasonable endeavours to resolve that dispute by negotiation or otherwise before commencing legal proceedings.
b) The parties will be deemed to have used their reasonable endeavours to resolve a dispute if they have met to discuss the dispute and have failed to resolve it within thirty (30) days of that meeting.
c) Nothing in this clause 6 will preclude either party form seeking an urgent interim interlocutory injunction in causes of genuine urgency.
7. Governing Law
This Agreement is governed by the laws in force in South Australia and the parties submit to the non-exclusive jurisdiction of the courts of South Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with this Agreement.
8. Entire Agreement
This Agreement embodies the entire understanding of the parties as to the Agreement and supersedes all prior agreements, understandings, arrangements and undertakings between the parties whether oral or in writing.
9. Variation
No variation to this Agreement will be of any force or effect unless reduced to writing and accepted in writing by both parties.
10. Severability
Each clause in this Agreement is severable from the others and if one or more is found to be unenforceable this will not affect the validity of the others or any of them.
11. Waiver
The fact that either party does not, on a default by the other party or any authorised person in respect of any of the terms of this Agreement, exercise any rights or remedies to which it is entitled, will not be constricted or operate in any way as a waiver of any such rights or remedies.
12. Force Majeure Event
a) A party will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses its reasonable endeavours to rectify the situation.
b) Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party’s performance under this Agreement for more than thirty (30) consecutive days, the other party may immediately terminate this Agreement by written notice.
13. Cookies
a) Data files known as ‘Cookies’ or any equivalent software or code including but not limited to Facebook Pixel and Google Analytics may be used by the Website User’s internet browser on the Website User’s computer or other electronic device to retain data. Cookies are used to determine how people use the internet for purposes including but not limited to targeted marketing and to improve the user’s experience. The following information may be obtained from the Website User by Cookies or equivalent software or codes:
i. the Website User’s computer’s or device’s operating system;
ii. the Website User’s computer’s or device’s internet browsing software; and
iii. details as to the Website User’s use of the internet; and/or
iv. the Website User’s location.
14. Contact Us
Utter Gutters can be contacted via the contact us section of the Website.
15. Interpretation
Unless the context otherwise requires or admits the following expressions shall have the following meanings respectively:
a) “Affiliates”means a person or entity who is controlling, controlled by or under common control by another person or entity. A person is an Affiliate of another person if the person acts, or could reasonably be expected to act, in accordance with the other person’s directions or wishes, or in contract with the other person, in relation to the affairs of the person’s business and includes any spouse, or relative by blood or adoption of that person or any relative’s spouse and their respective heirs, executors, administrators and assigns;
b) “Agreement”means the terms and conditions contained in this document;
c) “Confidential Information”means all Information passing between Utter Gutters and the Website User including but not limited to trade secrets, drawings, know-how, techniques, source and object code, business and marketing plans, and projections, profit and loss statements, management reports, arrangements and agreements with third parties, customer information and customer information proprietary to customers, formulae, customer and client lists, concepts not reduced to material form, designs, plans, models;
d) “Content”means all content on the Website;
e) “Utter Gutters”means Utter Gutters (ABN 78634734320 – BLD 296741);
f) “Force Majeure Event”means any event beyond the control of the relevant party;
g) “Intellectual Property”means copyright, trademarks, patents, designs and any other like rights, including rights to registration of such rights and rights to protect Confidential Information, know-how and trade secrets;
h) “Loss”means all liabilities, damages, remedies, losses, penalties, fines, costs, expenses (including reasonable legal fees and expenses), demands, claims and proceedings of any nature including consequential loss;
i) “Moral Right”has the meaning given under the Copyright Act 1968 (Cth) as amended from time to time and includes any similar rights existing in other countries;
j) “Personal Information”has the meaning given under section 6 of the Privacy Act 1988 (Cth) as amended from time to time;
k) “Third Party Application”means any application that is not controlled by Utter Gutters or its Affiliates;
l) “Third Party Link”means any link or gateway that is not controlled by Utter Gutters or its Affiliates
m) “Third Party Website”means any website that is not controlled by Utter Gutters or its Affiliates;
n) “Website” means the website of Utter Gutters being https://uttergutters.com.au and/or any online platform including but not limited to social media platforms used or operated by Utter Gutters as amended from time to time; and
o) “Website User”means any person who accesses the Website and/or external websites through Third Party Links.
16. Contact Information
If you have any questions regarding these Terms and Conditions, please contact us at:
Utter Gutters
500 North East Road
Windsor Gardens SA 5087
Phone: (08) 8201 4999
Email: reception@uttergutters.com
Website: uttergutters.com.au
By using this website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.