1 These Terms
2 About us and how to contact us
3 Changes to terms
4 Availability of our services
4.1 We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.
4.2 We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
4.4 We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
4.5 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.
5 Use of the platform
5.1 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.
5.4 This Platform is for your personal, non-commercial use only. You must not copy, modify, distribute, transmit, display, reproduce, license, commercially exploit, create derivative works from, transfer, or sell any software, products, or services contained within the Platform.
6 Your rights
6.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
6.4 If you believe your intellectual property rights have been infringed, please contact us by emailing us at email@example.com or call our customer service team at 02 4322 7900.
6.5 If we allow you to post any information on our Platform, we have the right to take down this information at our sole discretion and without notice.
7 Our rights
7.1 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved.
7.2 We may (at our discretion but we are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider to be offensive, harmful, deceptive, discriminatory, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing the rights of third parties. We do not endorse or support any views expressed by any users on our Platform.
7.3 Our name “OzzieSplash” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.
8.1 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
8.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges, or other payments in relation to our use, disclosure, adoption, and/or modification of any of your feedback. You further acknowledge that, by acceptance of your feedback, we do not waive any rights to use similar or related ideas previously known to us, developed by us or obtained from sources other than you.
9.1 To the fullest extent permitted by law, including the Australian Consumer Law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, and licensors (collectively, “Our Entities”)) make no representations or warranties about the Platform and any products or services we offer, including but not limited to warranties or representations that that the information or content you find on the Platform is always accurate, truthful, complete, and up-to-date, that access will be uninterrupted, error-free or free from viruses, or that the Platform will be secure. You must take your own precautions to ensure that whatever you select for your use from our Platform 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.
9.2 Our Entities are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).
10 Limitation on liabilities
10.1 To the fullest extent permitted by law, including the Australian Consumer Law, Our Entities exclude all liability in connection with or arising out of the provision of the Platform or any materials or information contained on the Platform in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Platform.
10.2 To the fullest extent permitted by law, including Australian Consumer Law, Our Entities are not liable to you or others for:
(a) any indirect, incidental, special, exemplary, consequential, or punitive damages; or
(b) any loss of data, business, opportunities, reputation, profits, or revenues,
relating to the use of our Platform or any products or services we offer, or as a result of the inaccessibility of our Platform or the materials contained on our Platform being incorrect, incomplete or not up-to-date.
10.3 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform.
10.4 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (in aggregate) shall in no circumstances exceed:
(a) in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of supplying equivalent products, or the payment of the cost of having the products repaired; or
(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
10.5 Our Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content of those linked websites and have no control over or rights in those linked websites.
11 Your representation
11.1 Our Platform is not intended for and may not be used by minors. By using our Platform, you represent that you are an adult and that you are able to legally enter into contractual agreements.
12.2 You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of your use of Platform.
13.2 You may stop using the Platform at any time by deactivating your account.
13.3 We reserve the right to suspend or terminate your access to our Platform, for any reason, including if we reasonably believe:
(b) you are using the Platform in a manner that would case a real risk of harm or loss to us, other users, or the public;
(c) we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
(d) our provision of the Platform to you is no longer possible or commercially viable.
14 Entire agreement
15 Other important terms
If you have any question about these Terms or the Acceptable Use Policy, please contact us by firstname.lastname@example.org.
17 Governing law and jurisdiction
These Terms will be governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales sitting in Sydney, Australia.
Acceptable Use Policy
(a) use our Platform for unlawful or unauthorised purposes;
(b) probe, scan, or test the vulnerability of any system or network;
(c) breach or otherwise circumvent any security or authentication measures or service use limits;
(d) access, tamper with, or use non-public areas or parts of the Platform;
(e) interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
(f) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
(g) access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
(h) send unsolicited communications, promotions or advertisements, or spam;
(i) forge any TCP/IP packet header or any part of the header information in any email;
(j) send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
(k) conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
(l) abuse referrals or promotions;
(m) post, publish, upload, display, distribute, or share non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, racist, threatening or knowingly false, and/or that infringe intellectual property rights;
(o) violate applicable laws or regulations in any way; or
(p) violate the privacy or infringe the rights of others.
Last updated: 30 June 2020