5.2 Editing Information
While we do not and cannot review every message or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms of Use or to be otherwise unacceptable.
5.3 Security of Information
Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
6. Restricted Use
Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. Businesses, groups, organisations and companies are prohibited from registering as member. You are authorised to print a copy of any information contained on the Website for your personal use, unless printing is expressly prohibited.
7. Direct Marketing
You agree and consent that the Company may use and disclose Personal Information that the Company collects for the purpose of direct marketing.
8. Communication
The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.
9. Advertisements
9.1 Sole Responsibility
Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser's product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.
10. Intellectual Property Ownership
The Company retains all right, title, and interest in the Service and the Website and the corresponding intellectual property rights and reserves all rights not explicitly granted.
10.1 Copyright
Copyright in the Service and the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or the Website; or
(b) Commercialise any information, products or services obtained from any part of the Service or the Website;
without our prior written permission.
10.2 Trade Marks
Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of the trade marks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trade mark to the Company. You must not use our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services (including without limitation, the Service and the Website).
11. Linked Websites
11.1 Links provided for convenience only
The Website may contain links to other websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
11.2 No Endorsement
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by the Company of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites, unless and to the extent stipulated to the contrary. We recommend that you review the terms of use and privacy policy of a Linked Website prior to use of it.
12. Privacy Policy
We undertake to comply with the terms of our Privacy Policy which is located on the Website which we may amend from time to time to comply with applicable laws and our operations.
13. Sale of Website or Services
You agree and consent that, if the Company sells the Website, the Services or its business (or any part thereof) or there is a change in control of the Company, the Company may disclose, assign or otherwise transfer Personal Information, Sensitive Information and any other information you transmit on the Website or Services (including photographs and your public profile) to the purchaser or new controlling entity or individual, for the purposes of providing the Services and direct marketing to you. You acknowledge and agree that the new purchaser or new controlling entity or individual may be located in a country other than your country of residence, and you consent to the transfer of Personal Information to countries other than your country of residence.
14. Disclaimers and Limitation of Liability
14.1 Consumer rights under Australian Consumer Law
For individuals in the Australian jurisdiction, you have a range of rights and remedies under Australian Consumer Law (ACL).
14.2 Guarantees for goods and services for personal, domestic or household use or consumption
In the Australian jurisdiction, where we supply goods or services of a kind ordinarily used for personal, domestic or household consumption, the consumer guarantees provided by the ACL are not limited or excluded in any way.
14.3 Guarantees for goods and services that are not for personal, domestic or for household use or consumption
In the Australian jurisdiction, where we supply goods or services of a kind that is not for personal, domestic or for household use or consumption but costing no more than $40,000 the consumer guarantees are limited to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the replacements of such goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the service again; or
(ii) the payment of the cost of having the services supplied again.
14.4 No warranties as to accuracy
Subject to clause 14.2 and 14.3, we do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.
14.5 No warranties as to availability
Subject to clause 14.2 and 14.3, we do not warrant that the Service or the Website will be uninterrupted or error-free. The Service is distributed on an "as is" basis. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
14.6 Implied warranties excluded
To the extent permitted by law and subject to clause 14.2 and 14.3, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to Services:
(i) the supply of the Services again; or
(ii) the payment of the cost of having the Services supplied again
14.7 No Liability for loss
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:
(a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or t
5.2 Editing Information
While we do not and cannot review every message or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms of Use or to be otherwise unacceptable.
5.3 Security of Information
Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
6. Restricted Use
Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. Businesses, groups, organisations and companies are prohibited from registering as member. You are authorised to print a copy of any information contained on the Website for your personal use, unless printing is expressly prohibited.
7. Direct Marketing
You agree and consent that the Company may use and disclose Personal Information that the Company collects for the purpose of direct marketing.
8. Communication
The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.
9. Advertisements
9.1 Sole Responsibility
Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser's product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.
10. Intellectual Property Ownership
The Company retains all right, title, and interest in the Service and the Website and the corresponding intellectual property rights and reserves all rights not explicitly granted.
10.1 Copyright
Copyright in the Service and the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or the Website; or
(b) Commercialise any information, products or services obtained from any part of the Service or the Website;
without our prior written permission.
10.2 Trade Marks
Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of the trade marks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trade mark to the Company. You must not use our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services (including without limitation, the Service and the Website).
11. Linked Websites
11.1 Links provided for convenience only
The Website may contain links to other websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
11.2 No Endorsement
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by the Company of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites, unless and to the extent stipulated to the contrary. We recommend that you review the terms of use and privacy policy of a Linked Website prior to use of it.
12. Privacy Policy
We undertake to comply with the terms of our Privacy Policy which is located on the Website which we may amend from time to time to comply with applicable laws and our operations.
13. Sale of Website or Services
You agree and consent that, if the Company sells the Website, the Services or its business (or any part thereof) or there is a change in control of the Company, the Company may disclose, assign or otherwise transfer Personal Information, Sensitive Information and any other information you transmit on the Website or Services (including photographs and your public profile) to the purchaser or new controlling entity or individual, for the purposes of providing the Services and direct marketing to you. You acknowledge and agree that the new purchaser or new controlling entity or individual may be located in a country other than your country of residence, and you consent to the transfer of Personal Information to countries other than your country of residence.
14. Disclaimers and Limitation of Liability
14.1 Consumer rights under Australian Consumer Law
For individuals in the Australian jurisdiction, you have a range of rights and remedies under Australian Consumer Law (ACL).
14.2 Guarantees for goods and services for personal, domestic or household use or consumption
In the Australian jurisdiction, where we supply goods or services of a kind ordinarily used for personal, domestic or household consumption, the consumer guarantees provided by the ACL are not limited or excluded in any way.
14.3 Guarantees for goods and services that are not for personal, domestic or for household use or consumption
In the Australian jurisdiction, where we supply goods or services of a kind that is not for personal, domestic or for household use or consumption but costing no more than $40,000 the consumer guarantees are limited to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the replacements of such goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the service again; or
(ii) the payment of the cost of having the services supplied again.
14.4 No warranties as to accuracy
Subject to clause 14.2 and 14.3, we do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.
14.5 No warranties as to availability
Subject to clause 14.2 and 14.3, we do not warrant that the Service or the Website will be uninterrupted or error-free. The Service is distributed on an "as is" basis. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
14.6 Implied warranties excluded
To the extent permitted by law and subject to clause 14.2 and 14.3, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to Services:
(i) the supply of the Services again; or
(ii) the payment of the cost of having the Services supplied again
14.7 No Liability for loss
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:
(a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or t
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