legals
IMPORTANT: ALL USERS MUST READ THIS SECTION ACCEPTANCE OF TERMS AND CONDITIONS
By using this site (the "Site"), you (the "End User") agree to the terms and conditions that we have provided. If you do not wish to agree to the outlined terms and conditions, please refrain from using our site.
We reserve the right to make any changes to our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
TERMS OF USE
1. Definitions.
" We & Us & Our" are the interactive online service operated by
us on the World Wide Web of the Internet (the "Web"), consisting of
information services, content, and transaction capabilities provided by
us, affiliates of ours and other third parties.
2. General.
This agreement ("Agreement") sets forth the terms and conditions that
apply to the use of this Site by the End User. By using this Site
(other than to read this Agreement for the first time), End User agrees
to comply with all of the terms and conditions hereof. The right to use
this Site is personal to End-User and is not transferable to any other
person or entity. End User shall be responsible for protecting the
confidentiality of End User's password(s), if any. End User
acknowledges that, although the Internet is generally a secure
environment, sometimes there are interruptions in service or events
that are beyond the control of us, and we shall not be responsible for
any data lost while transmitting information on the Internet.
We shall have the right at any time to change or discontinue any aspect or feature of our site(s), including, but not limited to, content, hours of availability and equipment needed for access or use.
3. Modified Terms.
We reserve the right at all times to discontinue or modify any of our
Terms of Use and/or our Privacy Policy as we deem necessary or
desirable without prior notification to you. Such changes may include,
among other things, the adding of certain fees or charges. We suggest
to you, therefore, that you re-read this important notice containing
our Terms of Use and Privacy Policy from time to time in order that you
stay informed as to any such changes. If we make changes to our Terms
of Use and Privacy Policy and you continue to use our Site, you are
impliedly agreeing to the Terms of Use and Privacy Policy expressed
herein. Any such deletions or modifications shall be effective
immediately upon our posting thereof. Any use of our site(s) by End
User after such notice shall be deemed to constitute acceptance by End
User of such modifications.
4. Equipment.
End User shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to
and use of this Site and all charges related thereto. We shall not be
liable for any damages to the End User's equipment resulting from the
use of this Site.
5. End User Conduct.
This Site and any individual microsites now or hereinafter contained
within or otherwise available through external hyperlinks with our Web
site (the "Microsites") is private property. All interactions on this
Site and/or the Microsites must comply with these Terms of Use.
Although we welcome and encourage user interaction on our Site, we do
insist and require that all end users restrict any and all activity in
connection with the use of this Site and the Microsites to that which
involves lawful purposes only. End User shall not post or transmit
through this Site any material which violates or infringes in any way
upon the rights of others, or any material which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any law, or which, without our
express prior approval, contains advertising or any solicitation with
respect to products or services. Any conduct by an End User that in our
exclusive discretion restricts or inhibits any other End User from
using or enjoying this Site and/or any of the Microsites is strictly
prohibited. End User shall not use this Site or any of the Microsites
to advertise or perform any commercial, religious, political or
non-commercial solicitation, including, but not limited to, the
solicitation of users of this Site and/or the Microsites to become
users of other on- or offline services directly or indirectly
competitive or potentially competitive with us.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of us, our subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is our
exclusive property, or used with express permission of the copyright
and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING,
POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR
ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION FROM US IS
STRICTLY PROHIBITED. Any violation of this policy may result in a
copyright, trademark or other intellectual property right infringement
that may subject End User to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks, and other
proprietary information, including, but not limited to, text, software,
photos, video, graphics, music, sound, and the entire contents of our
site is protected by copyright as a collective work under the Australian and International
copyright laws. We own a copyright in the selection, coordination,
arrangement, and enhancement of such content, as well as in the content
original to it. Any information, topics, bloggs, emails, questions,
hints and tips, forums postings or any other correspondence from
visitors, become the property of our company, it's directors and it's
websites. Whereby the end user's submissions automatically allow us,
our directors and websites to use in any shape or form, both online and
offline. End User may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit, any
of the content, in whole or in part. End User may download / print /
save copyrighted material for End User's personal use only. Except as
otherwise expressly stated under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation
of downloaded material without our express permission and the copyright
owner is permitted. If copying, redistribution or publication of
copyrighted material is permitted, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. End
User acknowledges that he/she/it does not acquire any ownership rights
by downloading copyrighted material. Trademarks that are located within
or on the Site or a Web site otherwise owned or operated in conjunction
with us shall not be deemed to be in the public domain but rather our
exclusive property, unless such site is under license from the
Trademark owner thereof in which case isuch license is for the
exclusive benefit and use of our site, unless otherwise stated.
End
User shall not upload, post or otherwise make available on this Site
any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright,
trademark or other proprietary right. We do not have any express burden
or responsibility to provide End User with indications, markings or
anything else that may aid End User in determining whether the material
in question is copyrighted or trademarked. End User shall be solely
liable for any damage resulting from any infringement of copyrights,
trademarks, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of this Site, End
User warrants that the owner of such material has expressly granted us
the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that
may exist in such material. End User also permits any other end user to
access, view, store, or reproduce the material for that end user's
personal use. End User hereby grants us the right to edit, copy,
publish, and distribute any material made available on this Site by End
User.
The foregoing provisions of this
section apply equally to and are for the benefit of us, our
subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
Our entities are a trademark of parent entity. All rights in respect of
this trademark are hereby expressly reserved. Unless otherwise
indicated, all other trademarks appearing on our sites are the property
of their respective owners.
7. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS
AT END USER'S SOLE RISK. NEITHER WE, OUR AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT WE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE
MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL WE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER WE, NOR OUR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
WE ARE NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON ITS THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY US. MOREOVER, WE RESERVE THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, PROHIBIT ANY AND ALL CONTENT THAT IT, WE, DEEM UNSUITABLE.
8. Monitoring
We shall have the right, but not the obligation, to monitor the content
of the Site at all times, including any chat rooms and forums that may
hereinafter be included as part of the Site, to determine compliance
with this Agreement and any operating rules established by us, as well
as to satisfy any applicable law, regulation or authorized government
request. Without limiting the foregoing, we shall have the right to
remove any material that we, in our sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
9. Privacy
A. Our privacy policy
The protection of your privacy is important to us. That is why we have
prepared this document to ensure you are aware of your rights and our
commitment to your privacy. Under the Privacy Act there are National
Privacy Principles ("NPP's"). These are rules which apply to many
private sector organisations including us which regulate the way in
which we deal with your personal information.
In this Policy the words "we", "our" or "us" means us and our websites related entities.
B. Collection of personal information
B.1. The type of personal information we collect about you includes:
B.1.1. your name and address;
B.1.2. your telephone numbers;
B.1.3. your email address;
B.1.4. your computer IP address from our website;
B.1.5. details of your previous dealings with us;
B.1.6. your financial information (eg. personal credit information when you make payments to us);
B.2. We may collect your personal information in the following ways:
B.2.1. in any contact we have with you whether in person or by telephone;
B.2.3. through our accounts and payments you make;
B.2.4. through our website or email server;
B.3. If we collect personal information about an individual from you,
we will take reasonable steps to ensure that the individual will or has
been made aware of this privacy policy and:
B.3.1. Our identity and how to contact us;
B.3.2. That he or she can access the information;
B.3.3. The purpose for which we have collected the information;
B.3.4. The organisations or types of organisations that we usually disclose the information to;
B.3.5. Any law that requires particular information to be collected; and
B.3.6. The main consequences (if any) for the individual if all or part of the information is not provided.
C. Use of personal information
C.1. We collect your personal information for the following purposes:
C.1.1. to provide you with information and updates;
C.1.2 to create and maintain our members database;
C.1.3. to compose diagnostic and statistical information for our computer network;
C.1.4. for billing purposes; and
C.1.5. to evaluate the effectiveness of our website.
C.2. If you do not wish to receive our information and updates, you may
"opt out" of our list and your name will be removed from our list. In
this event, you will also be removed from our members directory.
D. The quality of your personal information
D.1. We believe it is important to make sure that the personal
information we hold about you is accurate and up to date. To this end
our staff have procedures to monitor some of your personal information.
D.2. We also request that you contact us and tell us if any of your
personal information has changed (eg. your address) or if you believe
that the personal information is inaccurate. After you advise us we can
then update our records and ensure that the personal information we
hold is accurate and up to date.
D.3. You may contact us and request particulars of the personal
information which we hold about you, and whether that personal
information needs to be amended or corrected in any way. We may charge
you a fee for providing this information depending on the nature of
your request.
E. Disclosure of personal information
E.1 We may disclose personal information to members, subject to the terms and conditions of membership, if a membership has been purchased or gifted.
E.2. We will not sell or rent your personal information to anyone, we value and respect both your privacy and your trust in our service/product.
F. Do you have any concerns, queries, disputes or complaints?
F.1. If you have any concerns, queries, disputes or complaints about
our privacy policy or our privacy practices, please email our privacy
officer, using the email address found in our contacts page.
F.2. If you have any disputes or complaints, our privacy officer will
attend to them and may request that you put your dispute or complaint
in writing. Our privacy officer will investigate any dispute or
complaint and respond to you within a reasonable time.
F.3. This privacy policy may be amended or updated to ensure that we maintain the highest standards.
10. License Grant.
By posting communications on or through this Site, End User shall be
deemed to have granted to us a royalty-free, perpetual, irrevocable,
non-exclusive license to use, reproduce, modify, publish, edit,
translate, distribute, perform, and display the communication alone or
as part of other works in any form, media, or technology whether now
known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicensees.
11. Indemnification.
End User agrees to defend, indemnify and hold harmlessus and our,
affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of this Site and/or the Microsites by End
User.
12. Termination.
We may terminate this Agreement at any time. Without limiting the
foregoing, we shall have the right to immediately terminate any
passwords or accounts of End User in the event of any conduct by End
User which we, in our sole discretion, considers to be unacceptable, or
in the event of any breach by End User of this Agreement. The
provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination
of this Agreement.
13. Third Party Content.
We, similar to an Internet Service Provider, is a distributor (and not
a publisher) of content supplied by third parties and End Users.
Accordingly, we have no more editorial control over such content than
does a public library, bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, or
any other end users are those of the respective author(s) or
distributors) and not of us. Neither we nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose.
(Refer to Section 6 above for the complete provisions governing
limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with us. We neither endorse or is responsible for the accuracy or reliability of any opinion, advice, or statement made on this site by anyone other than one of our authorized employee spokespersons while acting in official capacities. Under no circumstances will we be liable for any loss or damage caused by an end user's reliance on information obtained through us. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through our site .
Our site contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party sites and we hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk.
14. Miscellaneous.
This Agreement and any operating rules for us established by us
constitute the entire agreement of the parties with respect to the
subject matter hereof. No waiver by either party of any breach or
default hereunder is a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only and
shall be of no legal force or effect.
Our head office is in Australia. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of Australia. By using this Site, End User agrees that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to End Users use of the Site or the Microsites (unless otherwise specifically stated) is the Australian Court Systems, or if such court lacks subject matter jurisdiction. End User hereby accepts and submits to the jurisdiction of such court in any such proceeding or action, and irrevocably waives, to the fullest extent permitted by law, any objection which End User may now or hereinafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
