We will use our best endeavours to keep the Platform live and free from defects, errors, bugs or other issues which might effect your use of the Platform. We will use our best endeavours to rectify any interruption or other problem with the Platform within a reasonable time.
We give no warranty and will accept no liability for your inability to access the Platform due to any defect, outage, interruption, system breakdown or any other cause which is outside of our control.
Particular sections, features and uses of the Platform will require you to register an account with us. In registering an account you agree:
- you will provide up to date and accurate registration information as requested;
- you will update your information as necessary;
- to authorize us to access your account and details;
- to provide us with documents to verify your identity if requested; and
- to accept responsibility for any unauthorized use of your registration.
You agree not to:
- use the Platform to transmit spam or unsolicited emails;
- impersonate any other person or entity;
- use the Platform for any unlawful purpose;
- create multiple accounts;
- violate any copyright, privacy right, trade secret, intellectual property right or other proprietary right of any other party;
- disrupt or create an undue burden on the Platform by using it for any purpose other than its intended purpose;
- upload, post, transmit or share any Material which contains viruses, computer codes or programs designed to limit or destroy the functionality of other computer software or hardware;
- create or upload any Material which contains nudity, violence, sexual acts or other offensive content; or
- use any Material, content, data or aspect of our Platform to compete with us in any way.
By uploading, posting or otherwise transmitting any Material via the Platform, you:
- grant us, and each user of the Platform, a non-exclusive, worldwide, royalty free, irrevocable licence to use, reproduce, edit and otherwise deal with the Material in any form and for any purpose.
- warrant that you own the Material or have the legal capacity to grant the above licences.
- warrant that the Material does not breach these Terms.
- to the maximum extent permitted by law, you waive your legal rights to the Material, including those created by the Copyright Act 1968 (Cth).
The Platform contains Material provided by other parties. While we will use our best endeavours to ensure the content of this Material is accurate does not breach our terms, we are not responsible for and accept no liability in relation to, any Material transmitted, posted, uploaded or otherwise made available on the Platform by any person or entity other than us. Our only interaction with the Material available on the Platform is to facilitate others to post, upload or otherwise make available. We give no warranty as to the accuracy, reliability, completeness or quality of any Material created by other parties.
We don’t endorse the views in the Material. We are not responsible for the content, availability or performance of external sites linked from the Platform.
The Material is provided for your personal, non-commercial use only. Unless specifically noted, you may not otherwise reproduce, republish, modify, adapt, translate, prepare derivative works from or reverse engineer the Material, without obtaining Our prior written permission. You agree not to remove, obscure, or alter any copyright notice or trademark on any Material you access and use. You also agree not to use the Material in a way that implies endorsement by Us, any other person who has provided or is included in the Materials.
No Material made available on the Platform is intended to be advice and is not to be relied upon as such. You should make your own independent inquiries and seek independent advice specific to your circumstances before making any decisions.
From time to time we might display links to websites and platforms operated by third parties. Such websites and platforms do not constitute part of our Platform and are not under our control. We are not responsible for, nor do we accept any liability for, any loss or damage caused to you in connection with your interaction with these third party websites or platforms.
Indemnities & Disclaimers
You agree to indemnify and keep indemnified, us against any direct loss, indirect loss, liability, claim or demand arising out of or in connection to your use of and access to the Platform.
You agree to take your own precautions to ensure your access to the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference which might result in damage or loss to your computer system or personal devices.
You acknowledge that we are not responsible for, nor do we accept any liability for, any other user’s or third party’s use of, access to or conduct in connection to the Platform.
The Platform and the Material provided on an “as is” and “as available” basis. You understand and agree that you use the Platform at your own discretion and risk and that you will be solely responsible for any damage or loss whatsoever that results from such use.
To the extent permitted by law, we exclude all warranties and guarantees relating to your use of the Platform which are not contained in these Terms.
To the extent that our liability for breach of an implied warranty or guarantee cannot be excluded, our liability will be limited to the re-supply of the services supplied, or the payment of the cost of having those services re-supplied.
In relation to our liability with respect to any breach by us of a warranty or guarantee set out in these terms, our liability is limited to the amount paid by you in respect of those services.
We will not be liable to you for any indirect, incidental or consequential loss or damage, including loss of profit, revenue, production, goodwill, data or opportunity, of whatever nature however arising in connection with the Platform.
If any provision of these Terms is or becomes invalid or unenforceable for any reason, the provision may be severed from these Terms and the remaining provisions are not affected and are valid and enforceable to the fullest extent permitted by law.
These Terms are to be governed by the laws of New South Wales. The Parties submit to the jurisdiction of the Courts of the New South Wales and any Courts that have jurisdiction to hear any appeals from those Courts.
A failure or delay by a Party to exercise any right or power under these Terms is not a waiver of that right or power. Any waiver by a party of any breach, or failure to exercise any right, under our Agreement is not constitute a waiver of any subsequent breach or continuing right.
Definitions and Interpretations
Claim includes any claim, demand, remedy, suit, injury, damage, loss, cost (including legal fees on a solicitor and client basis), liability, action, proceeding or right of action.
Intellectual Property means any intellectual property anywhere in the world including, but not limited to, any registered or unregistered copyright, patent, trade mark, design rights, trade secret or Confidential Information or any licence or other right to use, or to be the registered proprietor of, any of the above.
Material includes the information, data, files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Platform or otherwise make available to Us.
Platform means the Community Finder Platform whether it is supported by a web based browser, personal device browser, mobile application or any other method of delivery.
Registration means Your ability to access the Platform pursuant to these Terms.
Unless the contrary intention appears:
- a reference to a person includes a reference to a body corporate and vice versa;
- a reference to a party includes its executors, administrators, successors and permitted assigns, substitutes and person taking by way of novation;
- a reference to any statutes, regulations, ordinances or by-laws include all amendments, consolidations or replacements of those statutes, regulations, ordinances or by-laws;
- a reference to currency is a reference to Australian currency unless otherwise specifically provided;
- the singular includes the plural and vice versa;
- headings do not affect the interpretation of these Terms;
- the word "include" is used without any limitation;
- if a party comprises more than one entity, the obligations and covenants given by those entities are given by and bind those entities jointly and severally.