In these Terms & Conditions, ‘us’, ‘we’ and ‘our’ means gamersocial.net (“we”, “our”, “us”) and includes each of our related entities from time to time.
Acceptance and Variation of Terms
Your access to and use of the Services (collectively, your Access) is conditional upon your acceptance and compliance with these Terms and Conditions of Use, the and our (General Conditions).
By clicking an “accept” button, creating an account, or accessing or using any part of the Services, you accept, or are deemed to have accepted (as the case may be), all of the General Conditions, as varied, modified or amended by us from time to time.
You agree that the General Conditions are enforceable in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with the General Conditions, you must not create an account and must not access or use, or continue to access or use, any part of the Services.
You should review our and these General Conditions carefully and immediately cease using the Services if you do not agree to these General Conditions.
We reserve the right to revise, amend, withdraw and update the General Conditions, or any information or material appearing on the Services, at any time, without liability or further notice to you, effective on the date of posting to the Services. Your continued use of the Services will constitute an automatic acceptance of any revisions, amendments, withdrawals or updates made by us.
Use of Services
You agree that you are only authorised to use the Services for your own personal (and not commercial) use and for the following activities:
Accessing the Services;
reviewing our promotional and marketing material;
making enquiries with us; and
any other purpose which we make known to you.
Your access and use of the Services are subject to the General Conditions and any other terms and conditions of use that appear on the Services and any click and accept end user licence terms, together with privacy and acceptable use standards.
You must ensure that your access to the Services is not illegal or prohibited by any law which applies to you.
The Services are designed to be accessed and used only by people who are 18 years of age or older. No one under the age of 18 years is permitted to access or use the Services without first obtaining our express written authority.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Services.
You must ensure that all login IDs and passwords required to access the Services are kept secure and confidential. You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.
Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to the Services.
We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop or mobile device owned or controlled by you.
Legal Status of Cryptographic Tokens
The legal status of cryptographic coins, tokens, and digital assets remains uncertain in many countries and jurisdictions around the world. We take no formal position on the legal status of any cryptographic coins, tokens, and digital assets. It is your responsibility to undertake your own investigations and enquiries, and to satisfy yourself in that regard.
You must ensure that all login IDs and passwords required to access the Services are kept secure and confidential. You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.
The cryptographic coins, tokens, and digital assets which may be discussed on or through the Services:
may be intended to be acquired or used for speculation or investment purposes; and
may give the holder a right to own, or participate in, the assets or profits of a person, entity, fund or scheme.
Cryptographic coins, tokens, and digital assets with such characteristics may be legally prohibited in certain countries or jurisdictions, or be subject to specific restrictions and limitations with which you are solely responsible for complying at your own risk and expense.
We do not endorse the purchase or use of any cryptographic coins, tokens, and digital assets, other than GamerSocial tokens, unless otherwise expressly stated by us in a formal announcement published on the Site.
All information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos, trade marks, audio recordings, video recordings, and other content (Content) hosted or made available on or through the Services is provided:
for general information purposes only; and
without any regard whatsoever to the personal circumstances of any person.
No Content hosted or made available on or through the Services is intended to constitute advice (financial or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things.
You must not provide any advice (financial or otherwise) to any other person on or through the Services.
All statements, representations, estimations, projections, or forecasts made in or through the Services by any person (whether relating to the present or the future) are expressions of opinion only, and do not necessarily represent our opinion or have our endorsement.
Before acting on, or relying upon, any Content hosted or made available on or through the Services, we strongly recommend that you:
undertake your own investigations and enquiries; and
seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.
Account registration and use
In registering your account with us to use the Services, you acknowledge and agree that:
you will not provide any false personal information to us, or create an account for anyone other than yourself without that person’s express permission;
you will keep your personal information accurate and up-to-date;
you will not create more than one personal account;
you will not buy, sell and/or exchange any product, goods and/or services (including financial products) on the Services if you are under the age of 18; and
you will not use the Services if you are under the age of 13 or are suspended or banned from using the Services;
you will not allow anyone to access your account;
you will not create a new account if your account is disabled;
we have the right to terminate your access to the Services, at any time, in our sole discretion, without notice.
By registering as a user of the Services, you acknowledge and agree as follows:
you acknowledge that any information or material submitted by you via the Services is and will be treated by us as non-confidential and, subject to the General Conditions (including our ), you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, and republish such material without restriction.
you are responsible for protecting the confidentiality of your password;
you will not post or transmit any material or information in a manner which is inconsistent with our Posting and Removal Policy;
you agree not to impersonate any other person;
you agree to provide current, accurate and up-to-date information about yourself;
you acknowledge any material which you post may be removed by us from the Services at any time without notice or liability to you;
you accept that any material or information provided by you may be posted in the Services for any other users or guests (including members of the public that are not registered as users the Services) to read and view;
without limiting any other provision of the General Conditions, we do not accept any liability for the accuracy or content of any material posted by other users of the Services and we are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another user;
without limiting any other provision of the General Conditions, we do not accept any responsibility or liability for any information or material which you submit to the Services, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the Services;
we do not warrant that we will respond to questions or comments submitted by you to the Services; and
if you download any material from the Services, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.
Except as otherwise provided in the General Conditions, all right, title and interest, including all intellectual property rights and moral rights (IP Rights) in the Services, and any Content hosted or made available on or through the Services, is owned or licensed by us and our affiliates and are protected by copyright, trade mark and other intellectual property laws, unless expressly indicated otherwise on the Services.
You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to the Services and whether created before or after the commencement of this agreement) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.
You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.
You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute any Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.
We may provide you with authority to use one or more of our trade marks, which authority we may revoke at any time by publishing a statement or announcement to that effect on our website. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must promptly comply with all of our lawful directions in relation to your use of our trade marks. You must not use any of our trademarks:
in or as the whole or part of your own trademarks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including the Services).
Your content on the Services
You own all of the content and information you post on the Services and you may be able to control how it is shared through any available privacy settings accessible via the Services from time to time.
When you upload, publish or post content to the Services, subject to your privacy settings, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, assignable, sub-licensable right to use, reproduce, modify, redevelop, republish, sublicense, exploit and commercialise your IP Rights, and exercise any and all copyright, trademark, publicity and database rights, which you have in such content. This licence ends when you delete your uploaded content or your account, unless your content has been shared with other users, and they have not deleted it.
When you upload, publish or post content using privacy settings that allow all members of the public to view such content, regardless of whether a person is a user of the Services, it means that you are allowing everyone, including people non-users of the Services, to access and use that content, and to associate it with you.
Except as set out in the General Conditions, we take no responsibility for:
any content uploaded by users to the Services;
any user of the Services, or any third party (whether or not a user of the Services), using, reproducing, modifying, redeveloping, republishing, sublicensing, exploiting and commercialising any content uploaded by you to the Services.
The Services 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.
Our links to or from Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
If you choose to purchase goods or services from a third party, including from a Linked Site accessed from or through Our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
Except as expressly set out in the General Conditions, we give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via the Services (Materials) and neither you nor any person permitted by you or subject to your directions or control who may be able to access any Materials (Controlled Persons) shall exercise any such intellectual property rights, including the right to reproduce the materials or to communicate them to the public (including via any form of linking). Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:
ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked Materials that the source of the Materials is the Services;
ensuring that anyone by whom your and their links to the Materials may be used or disclosed are the same as those who may access the materials directly from the Services;
ensuring that anyone by whom your or their links to the materials may be used or disclosed are not able to circumvent limits (including technological restrictions and as to location) applying in respect of the Materials were the Materials to be accessed or sought to be accessed directly from the Services rather than via their links; and
being otherwise subject to our directions, including any take down, cease or desist directions.
It is a direct violation of the General Conditions for you to engage in an activity using information obtained from the Services to contact, abuse, advertise, sell to, harass or harm any other person.
While we will use all reasonable endeavours to ensure that you have continuous access to the Services, we will not be liable to you or any other person for any Loss to property or persons caused by any non-availability.
We reserve the right to restrict or remove access to the Services for the purpose of undertaking maintenance and updating of the Services.
In respect of your Access to the Services, you acknowledge and agree that you will not:
use the Services in any way that could damage our reputation or goodwill;
permit any person to access and use the Services other than in accordance with these Terms;
except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
reproduce, make error corrections to or otherwise modify or adapt the Services or create any derivative works based upon the Services; or
decompile, disassemble or otherwise reverse engineer the Services or permit or facilitate any third party to do so;
when accessing and using the Services:
attempt to undermine the security or integrity of our computing systems or networks or, where the Services are hosted or operated by a third party, the third party's computing systems and networks;
use, or misuse, the Services in any way which may impair its functionality, or the functionality of any other system used to deliver the Services, or impair the ability of any third party to lawfully use the Services;
attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted or stored;
transmit, or input into the Services any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);
attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate the Services, except as is strictly necessary to use either of them for normal operation;
remove or modify any program markings or any notice of proprietary rights, including those of any third party;
use any automated processes or means to access the Services;
use any software or manual repetition that will or is likely to interfere with the Services; or
attempt to cause stress or detriment to the proper working of the Services, such as by:
acting in any way likely to cause an unreasonable strain to the infrastructure of the Services;
reloading or refreshing transaction pages more than once every 5 seconds;
requesting any page of the Site more than 1000 times in aggregate in any 24 hour period;
upload files that contain viruses that may cause damage to our property or the property of other individuals;
manipulate or interfere with any reviews, posts, information or other content posted by other users on the Services
disable, tamper with, or otherwise attempt to circumvent or manipulate our fee structure, the billing process, or fees owed to us; and
collect users' content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our express prior written permission;
take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Services without our prior express written permission and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Services or tools, or any activities conducted on or with the Services or tools; or
bypass measures we may use from time to time to prevent or restrict access to the Services.
Alpha and Beta Features
Certain parts of the Services may be made available on an “alpha” or “beta” basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you. We may not identify which parts of the Services are released on such an “alpha” or “beta” basis.
To the maximum extent permitted by law, we are not responsible for any Loss to property or persons incurred as a result of the use by any person of any parts of the Services which are released on an “alpha” or “beta” basis.
Any use of alpha or beta features will be solely at your own risk and may be subject to additional requirements as specified by us from time to time.
We are not obligated to provide support for alpha or beta features, and we may cease providing alpha or beta features as part of any Service.
We may use and disclose any data derived from your use of a alpha or beta feature for any purpose as long as we do not disclose results to third parties in such a manner as would identify or reasonably be expected to identify you or any end users without your prior written consent, which must not be unreasonably withheld.
You may not disclose any information from alpha or beta features or the terms or existence of any non-public beta features.
Except as expressly stated by us, the Content contained within the Services is owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).
Subject to applicable “fair dealing” rules, you may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.
The General Conditions are subject to our which is incorporated by reference. By using the Services, you consent to us collecting your personal information. Please read our so that you are aware of how we collect and use personal information.
If, as a result of the General Conditions, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:
comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;
comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;
take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it; and
co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (i) and (ii) above.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:
YOU ACCESS AND USE THE SERVICES AND ANY SYSTEM OPERATED BY US AT YOUR OWN RISK AND EXPENSE; AND
YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:
ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
YOUR USE, NON-USE OR MISUSE OF THE SERVICES;
THE USE, NON-USE OR MISUSE OF OUR SERVICES BY ANY OTHER PERSON;
ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS;
YOUR BREACH OF THE GENERAL CONDITIONS;
THE BREACH OF THE GENERAL CONDITIONS BY ANY OTHER PERSON; AND
ANY GOODS OR SERVICES PROVIDED OR MADE AVAILABLE BY ANY PERSON THROUGH THE SERVICES.
WHILST WE ENDEAVOUR TO OPERATE A RISK-FREE ENVIRONMENT FOR YOUR USE AND ENJOYMENT OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THERE ARE INHERENT RISKS TO USING THE SERVICES, PARTICULARLY WHEN POSTING PERSONAL INFORMATION AND LISTING ITEMS FOR SALE. IN PARTICULAR, WE NOTE THE FOLLOWING:
YOU WILL NOT HOLD US RESPONSIBLE FOR OTHER USERS' CONTENT, ACTIONS OR INACTIONS, ITEMS THEY LIST OR THEIR DESTRUCTION OF ALLEGEDLY FAKE ITEMS;
WE ARE NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN USERS OF THE SERVICES, AND MERELY PROVIDE A COMMUNICATION MEDIUM FOR SUCH USERS TO INTERACT;
WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF USER GENERATED CONTENT INCLUDING REVIEWS, POSTS, LISTINGS, INFORMATION OR OTHER CONTENT ON THE SERVICES;
WHEN YOU ENTER INTO A TRANSACTION AS PART OF YOUR USE OF THE SERVICES YOU CREATE A LEGALLY BINDING CONTRACT WITH ANOTHER USER. YOU MUST ENSURE THAT YOU COMPLY WITH YOUR OBLIGATIONS TO THAT OTHER MEMBER AND ARE AWARE OF ANY LAWS RELEVANT TO YOU AS A BUYER OR SELLER. IF ANOTHER MEMBER BREACHES ANY OBLIGATION TO YOU, YOU – NOT US – ARE RESPONSIBLE FOR ENFORCING ANY RIGHTS THAT YOU MAY HAVE; AND
YOU MUST TAKE YOUR OWN PRECAUTIONS TO ENSURE THAT THE PROCESS WHICH YOU EMPLOY FOR ACCESSING OR USING THE SERVICES DOES NOT EXPOSE YOU TO THE RISK OF VIRUSES, MALICIOUS COMPUTER CODE OR OTHER FORMS OF INTERFERENCE WHICH MAY DAMAGE YOUR OWN COMPUTER SYSTEM. WE DO NOT ACCEPT RESPONSIBILITY FOR ANY INTERFERENCE OR DAMAGE TO YOUR OWN COMPUTER SYSTEM OR DATA WHICH ARISES IN CONNECTION WITH YOUR ACCESS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS-IS-WHERE-IS" BASIS, AND YOU CHOOSE TO USE THEM AT YOUR OWN RISK AND EXPENSE. WITHOUT LIMITING THE ANYTHING CONTAINED IN THE GENERAL CONDITIONS, THE SERVICES MAY CONTAIN INACCURATE, INAPPROPRIATE OR POSSIBLY OFFENSIVE MATERIAL, AND WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR SUCH MATERIAL.
WHILST ALL DUE CARE HAS BEEN TAKEN IN PROVIDING THE SERVICES, TO THE GREATEST EXTENT PERMITTED BY LAW:
WE DO NOT PROVIDE ANY WARRANTY EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND
ANY CONDITION, GUARANTEE, OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THE GENERAL CONDITIONS IS EXCLUDED.
ALTHOUGH WE HAVE NO REASON TO BELIEVE THAT ANY INFORMATION CONTAINED IN THE SERVICES IS INACCURATE, WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION, NOR DO WE UNDERTAKE TO KEEP INFORMATION ON SERVICES UPDATED. THE INFORMATION CONTAINED IN THE SERVICES HAVE BEEN PREPARED FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION ACCESSIBLE VIA THE SERVICES MAY NOT NECESSARILY BE ACCURATE, COMPLETE OR CURRENT. NO PERSON SHOULD ACT OR FAIL TO ACT ON THE BASIS OF SUCH INFORMATION.
FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON THE SERVICES SUCH AS ADVERTISEMENTS AND ENDORSEMENTS. RESPONSIBILITY FOR THE CONTENT OF SUCH MATERIAL RESTS WITH THOSE THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH MATERIAL OR ANY DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY THEM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (INCLUDING ON BEHALF OF OUR ASSOCIATES, RELATED ENTITIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES) DISCLAIM ANY AND ALL LIABILITY AND DO NOT ACCEPT RESPONSIBILITY FOR LOSS SUFFERED AS A RESULT OF YOUR RELIANCE ON THE ACCURACY OR CURRENCY OF INFORMATION CONTAINED IN THE SERVICES. WITHOUT LIMITATION, WE AND EACH OF OUR OFFICERS, EMPLOYEES AND AGENTS DO NOT GUARANTEE OR WARRANT THE SERVICES WILL BE UNINTERRUPTED, WITHOUT DELAY, ERROR-FREE, OMISSION-FREE OR FREE OF VIRUSES. THE CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO ACCURACY, TIMELINESS AND COMPLETENESS.
WE ARE NOT LIABLE TO YOU OR ANYONE ELSE IF INTERFERENCE WITH OR DAMAGE TO YOUR COMPUTER SYSTEM AND/OR MOBILE DEVICE OCCURS IN CONNECTION WITH THE USE OF THIS SERVICES, EXCEPT WHERE LIABILITY IS MADE NON-EXCLUDABLE BY LEGISLATION. YOU MUST TAKE YOUR OWN PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE FROM THE SERVICES IS FREE OF VIRUSES OR ANYTHING ELSE (SUCH AS WORMS OR TROJAN HORSES) THAT MAY INTERFERE WITH OR DAMAGE THE OPERATIONS OF YOUR COMPUTER SYSTEMS AND/OR MOBILE DEVICE.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW:
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES OR THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS THAT THEY WILL BE COMPLETE, ACCURATE OR UP-TO-DATE, THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, OR THAT THE SERVICES WILL BE SECURE; AND
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT AND INDIRECT LOSS, DAMAGE OR EXPENSE – IRRESPECTIVE OF THE MANNER IN WHICH IT OCCURS – WHICH MAY BE SUFFERED DUE TO YOUR USE OF THE SERVICES AND/OR THE INFORMATION OR MATERIALS CONTAINED ON IT, OR AS A RESULT OF THE INACCESSIBILITY OF THE SERVICES AND/OR THE FACT THAT CERTAIN INFORMATION OR MATERIALS CONTAINED ON IT ARE INCORRECT, INCOMPLETE OR NOT UP-TO-DATE.
DETAILS CONTAINED IN THE SERVICES RELATING TO GOODS OR SERVICES HAVE BEEN PREPARED IN ACCORDANCE WITH AUSTRALIAN LAW AND MAY NOT SATISFY THE LAWS OF ANY OTHER COUNTRY. WE DO NOT WARRANT THAT THE DETAILS IN THE SERVICES CONCERNING THOSE GOODS OR SERVICES WILL SATISFY THE LAWS OF ANY OTHER COUNTRY. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER THESE DETAILS SATISFY THE LAWS OF THE JURISDICTION WHERE YOU RESIDE (IF THAT JURISDICTION IS OUTSIDE AUSTRALIA) AND IF THE DETAILS DO NOT SATISFY THE LAWS OF YOUR JURISDICTION, YOU MAY NOT ORDER ANY GOODS OR SERVICES FROM THE SERVICES.
INDEMNITY AND RELEASE
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL:
INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST; AND
RELEASE US US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY FOR,
ANY AND ALL LOSS (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT OR PROCEEDING WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:
ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
YOUR BREACH OF THE GENERAL CONDITIONS;
YOUR INFRINGEMENT OF ANY LAW OR THE RIGHTS OF A THIRD PARTY IN THE COURSE OF USING THE SERVICES;
INFRINGEMENT OF ANY IP RIGHTS (INCLUDING PATENTS, TRADEMARKS AND COPYRIGHT) OF THIRD PARTIES;
BREACH OF TRADE PRACTICES, COMPETITION, CONSUMER, PRIVACY OR FAIR TRADING LEGISLATION;
RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH THE SERVICES; OR
YOUR ACCESS, NON-USE, OR MISUSE OF THE SERVICES GENERALLY.
WE ARE NOT RESPONSIBLE FOR, AND OUR OBLIGATIONS UNDER THE GENERAL CONDITIONS ARE REDUCED TO THE EXTENT OF, ANY LOSS ARISING OUT OF ANY OCCURRENCES OR CONDITIONS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF TERRORISM, ACTS OF GOD, DEFECTS IN VEHICLES, WAR, STRIKES, THEFT, DELAY, CANCELLATION, CIVIL DISORDER, DISASTER, GOVERNMENT REGULATIONS OR CHANGES.
We reserve the right to restrict, suspend or terminate without notice your access to the Services, or any feature of the Services, at any time without notice and we will not be responsible for any Loss that may arise as a result. These Terms & Conditions of Use will nevertheless survive any such termination.
If we believe, in our absolute discretion, that you are in breach of the General Conditions, we may take any action that we deem is reasonably necessary to remedy such breach or protect the Services in the circumstances, including without limitation:
suspending or terminating your registered account and Access to the Services;
removing any content uploaded by you to the Services;
commencing legal proceedings to prevent you from using the Services; and
disclosing information about you and your use of the Services for investigation by any enforcement body for your unlawful activity.
Closing your account
You may close your account with the Services at any time. The application of the General Conditions to you will nevertheless survive such closure.
The General Conditions contain the entire agreement between you and us about their subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is superseded and replaced by the General Conditions and has no further effect.
The General Conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts in Queensland, Australia.
If a dispute arises between you and us, we recommend that you first contact us to seek a resolution.
If any part of the General Conditions are held to be invalid, unenforceable or illegal for any reason, they will be severed without prejudice to the remaining terms and conditions which will nevertheless continue in full force and effect.
Any notice to be served to us under these General Conditions must be served by email to us at [email protected].
Any failure to exercise or enforce or a delay in exercising or enforcing or the partial exercise or enforcement of any right, power or remedy provided by law or under the General Conditions by us will not in any way preclude, or operate as a waiver of, any exercise or enforcement, or further exercise or enforcement of that or any other right, power or remedy provided by law or under the General Conditions. Any waiver or consent given by us under the General Conditions will only be effective and binding on us if it is given or confirmed in writing by us. No waiver of a breach of any term of the General Conditions will operate as a waiver of another breach of that term or of a breach of any other term of the General Conditions.
Rules of Interpretation
Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in the General Conditions. The following rules also apply to the interpretation of the Generation Conditions, except where the context otherwise requires:
the singular includes the plural and vice versa;
words of any gender include all genders;
alternate grammatical forms of a defined term have a corresponding meaning;
a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to the General Conditions;
a reference to a document includes the document as novated, varied, or substituted from time to time;
a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity, and includes the person’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
a reference to two or more persons is to any of them together and each of them individually;
a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
“including” and similar expressions do not limit the generality of any provision of the General Conditions;
a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of the General Conditions or any part of it; and
headings and table of contents are for ease of reference only and do not affect interpretation.