Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at getmeabout.org.au ("The Website").
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.


The Website reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Your use of the information, graphics, text, software and materials (Content) on The Website is governed by these Terms of Use and our Privacy Statement. By using The Website you agree to be bound by these Terms of Use.


Content
The content on The Website is provided for information purposes only and has been gathered through the Public Domain or provided directly by the listed organisation or event co-ordinator. No claim is made as to the accuracy or authenticity of the content of the website. The Website does not accept any liability to any person for the information or advice (or the use of such information or advice) which is provided on the site or incorporated into it by reference. The information on The Website is provided on the basis that all persons accessing the site undertake responsibility for assessing the relevance and accuracy of its content.


Links to Other Sites
The Website may contain links to third party websites. The Website does not sponsor or endorse the operators or content of any linked third party websites. Subject to any applicable law which cannot be excluded, The Website makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.


Copyright and Trademarks
Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on The Website may be reproduced, adapted, uploaded to a third party, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of The Website.


You may use information purposely made available by The Website for downloading from the site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.


Your Use of The Website
You agree that:



Accounts, Passwords and Security
Certain features or services offered on or through The Website may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify The Website immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by The Website or any other user of or visitor to The Website due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.


You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. The Website cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.


Privacy
The Website’s Privacy Policy applies to use of this site, and its terms are made a part of these Terms of Use by this reference. To view The Website’s Privacy Policy, click here. Additionally, by using The Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to The Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.


Disclaimers
The Website does not promise that the site or any content, service or feature of The Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of The Website will provide specific results. The Website and its content are delivered on an “as-is” and “as-available” basis. All information provided on The Website is subject to change without notice. The Website cannot ensure that any files or other data you download from The Website will be free of viruses or contamination or destructive features. The Website disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. The Website disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of The Website and/or any services. You assume total responsibility for your use of The Website and any linked sites. Your sole remedy against The Website for dissatisfaction with The Website or any content is to stop using The Website or any such content. This limitation of relief is a part of the bargain between the parties.


The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.


The Website reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the site, or any portion of the site, for any reason; (2) to modify or change the site, or any portion of the site, and any applicable policies or terms; and (3) to interrupt the operation of the site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.


Limitation of Liability
Except where prohibited by law, in no event will The Website be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if The Website has been advised of the possibility of such damages.


Liability of The Website for breach of a condition or warranty implied by law, and which cannot be excluded, is limited to the extent possible at The Website's option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.


Indemnity
You agree to indemnify and hold The Website, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against The Website by any third party due to or arising out of or in connection with your use of the Site.


Violation of These Terms of Use
The Website may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of The Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Website’s rights or property, or the rights or property of visitors to or users of The Website, including The Website’s customers. The Website reserves the right at all times to disclose any information that The Website deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Website also may disclose your information when The Website determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.


You acknowledge and agree that The Website may preserve any transmittal or communication by you with The Website through the site or any service offered on or through the site, and may also disclose such data if required to do so by law or The Website determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of The Website, its employees, users of or visitors to the site, and the public.


You agree that The Website may, in its sole discretion and without prior notice, terminate your access to the site and/or block your future access to the site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of The Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Website, for which monetary damages would be inadequate, and you consent to The Website obtaining any injunctive or equitable relief that The Website deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Website may have at law or in equity.


You agree that The Website may, in its sole discretion and without prior notice, terminate your access to the site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of The Website or any service offered on or through the site, or (4) unexpected technical issues or problems.


If The Website does take any legal action against you as a result of your violation of these Terms of Use, The Website will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Website. You agree that The Website will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.


Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Australia without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between The Website and you arising out of or in connection with your use of the site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.


Void Where Prohibited
The Website administers and operates the getmeabout.org.au Site from its location in Australia. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the site are available to all persons or in all geographic locations, or appropriate or available for use outside Australia or the state of Victoria. The Website reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on The Website is void where prohibited. If you choose to access The Website from outside the state of Victoria or Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.


Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the site, in violation of any applicable laws or regulations.


If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and The Website with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and The Website with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with The Website, The Website will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Website’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by The Website of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between The Website and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.


Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. The Website shall be free to use such information on an unrestricted basis.


The information contained in this web site is subject to change without notice.
Copyright © 2013 Get Me About. All rights reserved.


Updated 25 February 2013.