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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS S= ITE

 

1.&n= bsp;             Who we are and how to contact us

ww= w.chloeellouise.com.au is a website (Site) operated C= hloe Ellouise (we, us and our).

To contact us, please email hello@chloeellouise.com.au

2.      =         By using our Site you accept these ter= ms

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.

3.      =         We may make changes to these terms

We amend these terms from time to time. Every time you wish to use o= ur Site, please check these terms to ensure you understand the terms that appl= y at that time.

These terms were most recently updated on 21 September 2021.

4.      =         We may make changes to our Site=

We may update and change our Site from time to time to reflect chang= es to our products, our users' needs and our business priorities.

5.      =         <= !--[if supportFields]>We may suspend or withdraw our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always= be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and o= ther applicable terms and conditions, and that they comply with them.=

6.      =         Eligibility to use our Site=

Our Site is directed to users who are 15 years of age or older and a= re residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or availabl= e in other locations. If you access our Site from outside Australia, you do at y= our risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

7.      =         = How you may use material on our Site

We are the owner or the licensee of all intellectual property rights= in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.=

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of other= s to content posted on our Site.

You must not modify the paper or digital copies of any materials you= have printed off or downloaded in any way, and you must not use any illustration= s, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors = of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and y= ou must, at our option, return or destroy any copies of the materials you have made.

If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.

8.      =         Do not rely on information on this Sit= e

This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, expres= s or implied, regarding the operation or availability of the Site.

The content on our Site is provided for general information only. It= is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express= or implied, that the content on our Site is accurate, complete or up-to-date.<= o:p>

9.      =         We are not responsible for websites we= link to

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you m= ay obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

10.      =      Limitation of liability

In no event will we, our affiliates or their licensors, service prov= iders, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our S= ite or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be exclude= d or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liabili= ty for death or personal injury caused by our negligence or the negligence of = our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assign= s, harmless from and against any claims, liabilities, damages, judgments, awar= ds, losses, costs, expenses or fees (including reasonable attorneys' fees) aris= ing out of or relating to your violation of these terms or your use of the Site= , including, but not limited to your User Contributions, your use of any information obt= ained from the Site and any use of the Site's content, services and products other than as expressly authorised in these terms.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which w= ill be set out in our terms of sale as provided on our Site.<= /p>

 

11.      =      <= !--[if supportFields]>We are not responsible for viruses

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your technology to access our Si= te. You should use your own virus protection software.

12.      =      Rules about linking to our Site=

You may link to our home page, provided you do so in a way that is f= air and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the conte= nt standards set out in this document.

You must not establish a link in such a way as to suggest any form o= f association, approval or endorsement on our part where none exists.

Our Site must not be framed on any other Site, nor may you create a = link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.<= o:p>

If you wish to link to or make any use of content on our Site other = than that set out above, please contact hello@chloeellouise.com.au

13.      =      <= !--[if supportFields]>Australian law applies to disputes

These terms of use, their subject matter and their formation, are governed law of the State of South Australia, Australia. You and we both ag= ree that the courts in South Australia, Australia will have exclusive jurisdict= ion.

14.      =      Prohibited uses<= /span>

You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

·&n= bsp;      in any way that violates any applicable federal, state, local or international= law or regulation (including, without limitation, any laws regarding the export= of data or software to and from other countries);

·&n= bsp;      for the purpose of exploiting, harming or attempting to exploit or harm minors = in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

·&n= bsp;      to transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitat= ion;

·&n= bsp;      to impersonate or attempt to impersonate us, any of our employees, another use= r or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing); or<= /o:p>

·&n= bsp;      to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users = of the Site or expose them to liability.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right= to use our Site will cease immediately.

15.      =      Other terms and conditions<= o:p>

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions = are incorporated by this reference into these terms.

 

Date: 21 Septe= mber 2021

------=_NextPart_01D7C466.3D237080 Content-Location: file:///C:/1D1C3A71/WebsiteTermsandConditionsSA23-07-21.fld/item0001.xml Content-Transfer-Encoding: quoted-printable Content-Type: text/xml product.name0 Website terms of use Practical Law Commercial Standard documents juris0 juris1 A template policy of terms and conditions for access to= and use of a website under Australian law. About this document Drafting assumptions This standard document is drafted on the following = assumptions: It is designed for publication on a website. It contains provisions dealing with access to, = and use of, the website. These include information about the website owner,= rights to modify or withdraw the website, disclaimers for material publish= ed on it or linked to from it, rules about how such materials may be used a= nd about unacceptable user behaviour such as hacking, introducing viruses a= nd uploading illegal or defamatory content. It is intended for use in conjunction with: A privacy policy (see Standard document, Privacy policy); and Online terms of sale, if selling goods, ser= vices or information via the website. It is designed for use for business users as we= ll as consumers. It is drafted generically so that it can be ada= pted for use on different websites and different sectors. In its current fo= rm, however, it is not drafted for any specific sector or industry. In part= icular, the financial services and financial products industries may have f= urther requirements (see Practice note, Consumer guarantees: Financial pr= oducts and services). The site is made available free of charge. Legal issues Contract or notice? Ideally, the terms of website use should be displ= ayed or be accessible to users by means of a prominent hyperlink on all pag= es of the site. The website operator may choose to require users = to click on an acceptance button before they are permitted to view or other= wise use the site (click-wrap), but is more likely to opt for the terms sim= ply to be clearly available to read (browse-wrap). If the terms are browse-wrap, it is not clear tha= t a contract will be formed because of the absence of acceptance (see Pra= ctice note, Electronic contracts and transactions: Online contracts<= /link>). Where no contract has been formed the terms will = be treated as a notice to users. How effective is a notice? A non-contractual notice can also affect a user= 's rights as a disclaimer. For example: It might discharge a duty of care to the co= nsumer, by giving the consumer enough warning of a danger. Website terms th= at warn users that material may not be accurate or up-to-date take this rou= te. It might negate a duty of care that could o= therwise arise, by spelling out the limits of the responsibility or functio= ns undertaken by the notice-giver. Website terms that state that informatio= n should not be relied on and that professional advice should be taken foll= ow this approach. It might negate an implied representation b= y the notice-giver, by spelling out the limited scope of a document or disc= losure. Again, terms that provide that information and that it should not b= e relied on may operate in this way. From an intellectual property perspective, a no= n-contractual notice can grant the user rights to use website materials. Ho= wever, website terms that do not form a contract cannot bind the user contr= actually. For example, a term excluding a user's rights to sue for negligen= ce or defamation would be ineffective. Both disclaimers in terms that form a notice an= d limitations of liability in any terms that form a contract will be subjec= t to controls (discussed below), which limit a website operator's ability t= o use them. The effect of including unfair terms is discussed in Drafting note, Unfair terms. Business or consumer user? A trader's dealings with consumers are more stric= tly controlled than their dealings with business customers. In particular, = a far wider range of terms are potentially unfair in consumer contracts and= notices than is the case for business-to-business contracts and notices. T= raders whose customers include businesses and consumers have a choice. They= can either: Apply different terms and conditions to consu= mers and to business customers (either combined in the same document or in = two separate documents). Give the more generous consumer protection to= all customers. This approach has been adopted within this template. Consumer controls may be applicable to all terms<= /headtext> Unfair terms If these terms are used in a business to consum= er, or business to small business context, their provisions may be subject = to the unfair terms of consumer contracts and small business contracts prov= isions in the Australian Consumer Law (ACL) within the C= ompetition and Consumer Act 2010 (Cth) (CCA). Sec= tion 23 of the ACL provides that a term of a consumer contrac= t or small business contract is void if the term is unfair and the contract= is a standard form contract. The remainder of the contract will continue t= o operate to the extent that it is able to operate without the unfair term.= A contract is a consumer contract if the contra= ct is for the supply of services (or goods) to an individual whose acquisit= ion of the goods, services or interest is wholly or predominantly for perso= nal, domestic or household use or consumption (section 2= 3(3), ACL). A contract is a small business contract if the = contract is for the supply of goods or services, and at the time of contrac= ting, one of the parties employs less than 20 employees (including casuals = working on a systematic basis) and the upfront price payable is no more tha= n $300,000, or no more than $1 million if the contract is for over 12 month= s (section 23(4), ACL). A term of a contract will be unfair under section 24 of the ACL if: it would cause a significant imbalance in t= he parties' rights and obligations arising under the contract; and it is not reasonably necessary in order to = protect the legitimate interests of the party who would be advantaged by th= e term; and it would cause detriment (whether financial= or otherwise) to a party if it were to be applied or relied on. For more information, see: Practice note, Application of CCA and ACL= to consumers: What is a "consumer contract" covered by the unfair contract= term prohibitions?; Practice note, Unfair contract terms and protections for sma= ll businesses; and Legal update: archive, IP agreements and the Unfair Contract= Terms regime. Implied terms: consumer guarantees The ACL implies consumer guarantees into consum= er contracts. A person acquires goods or services as a consum= er if any of the following apply: The amount paid or payable for the goods or= services does not exceed a threshold of $40,000. The goods or services are of a kind ordinar= ily acquired for personal, domestic or household use or consumption. (See section 4B, CCA and section 3, ACL). This means a business can acquire goods and ser= vices as a "consumer" for the purpose of the ACL. In a straightforward website terms and conditio= ns context (where there is no sale of goods), the consumer guarantees are t= hose relating to services, being: Services be provided with due care and skil= l (see section 60, ACL); Services to be fit for purpose (see section 61, ACL); and Services to be supplied at the agreed time = or within a reasonable time (see section 62= , ACL). For more information, see Practice note, Consumer guarantees and Practice note, Express and implied terms: Implied terms. A term of a contract can limit liability for br= each of these consumer guarantees to resupplying the services or payment of= the cost of performing the services again in certain circumstances (see section 64A, ACL). See Drafting note, Limitation of Liability and paragraph 13 for limitation of liability terms. PLEASE READ THESE TERMS AND CONDITIONS CAREFULL= Y BEFORE USING THIS SITE 1. Who we are and how to contact us [DOMAIN ADDRESS] is a website (Site) o= perated by [NAME OF COMPANY] [ACN/ABN] of [COMPANY ADDRESS] (we, us and our). To contact us, please [[email EMAIL ADDRESS] = OR [telephone our customer service line on [NUMBER]]. 2. By using our Site you accept these terms By using our Site, you confirm that you accept thes= e terms of use and that you agree to comply with them. If you do not agree = to these terms, you must not use our Site. 3. We may make changes to these terms We may make changes to these terms In a consumer context, a term that permits, or = has the effect of permitting, one party (but not another party) to vary the= terms of the may be deemed unfair (see section 25(d), A= CL). To increase the chances of this provision being= found fair, the term provides that any changes only apply to future use (a= nd not to information already downloaded). The best practice would be to in= clude a statement in this clause indicating when the terms were last amende= d and (ideally) what changes were made. Optional wording for this is includ= ed in this clause. Where users are registered and have click-accep= ted terms, some mechanism for notifying them of changes should be used, for= example, a pop-up notification when they first log on again after the chan= ges having been made. We amend these terms from time to time. Every time = you wish to use our Site, please check these terms to ensure you understand= the terms that apply at that time. These terms were most recently updated on [DATE] [w= hen we changed terms [REFERENCE CHANGED TERMS BY NUMBER] for the purpose of= [DETAILS OF WHY CHANGE WAS MADE]]. 4. We may make changes to our Site We may make changes to our Site In this term, the website owner reserves the ri= ght to update or remove content published on the website. Experience shows = that users tend to visit certain websites for specific content, and that th= ey react in a negative way if certain features to which they have become ac= customed are removed by the website owner. It may be arguable that the webs= ite owner has represented that it will continue to make those features avai= lable or that it has a duty of care to users, which could be breached by th= e removal of the features without notice. This term seeks to negate any suc= h representation or duty of care. From a consumer perspective, terms in a contrac= t that permits or has the effect of permitting, one party (but not another = party) the right to vary the characteristics of the services to be supplied= are potentially unfair (see section 25(g), ACL). We have included optional wording to increase the chances of this p= rovision being found fair. The wording states the reasons why changes may b= e made and also provides for users to be given notice of changes, to allow = them to make alternative arrangements. Good practice would involve the webs= ite owner flagging upcoming changes to its website prominently on the relev= ant pages, giving the user reasonable time to adapt to them. We may update and change our Site from time to time= [to reflect changes to our products, our users' needs and our business pri= orities OR [OTHER REASON]]. [We will try to give you reasonabl= e notice of any major changes.] 5. We may suspend or withdraw our Site We may suspend or withdraw our site In this term the website owner reserves the rig= ht to suspend or withdraw the site. A term that permits, or has the effect = of permitting, one party (but not another party) to terminate the contract = is potentially unfair (see section 25(b), ACL). To reduce the risk of these provisions being found unfair, it is sugg= ested that the website owner should indicate the reasons why it might suspe= nd or withdraw the site, and undertake to give reasonable notice of its pla= ns to do so. In practice, notice could be given by way of emails to registe= red users or information on the website itself. Our Site is made available [free of charge OR= [COST DESCRIPTION]]. We do not guarantee that our Site, or any content o= n it, will always be available or be uninterrupted. We may suspend or withd= raw or restrict the availability of all or any part of our Site for busines= s and operational reasons. We will try to give you reasonable notice of any= suspension or withdrawal. You are also responsible for ensuring that all pers= ons who access our Site through your internet connection are aware of these= terms of use and other applicable terms and conditions, and that they comp= ly with them. 6. Eligibility to use our Site Eligibility to use our Site Geographical location The website owner may have a number of reas= ons for wanting to restrict use of its website to people physically located= in Australia. For example: It may be difficult to provide the serv= ices outside Australia. The website owner may not have the reso= urces to check any legal restrictions applicable to its website or products= outside Australia or might not wish to lay itself open to disputes with us= ers in other jurisdictions under other laws (for example, where a website o= wner directs its activities at consumers in another EU member state, the co= urts of that member state may have jurisdiction over disputes with those co= nsumers and local law may apply). Another example is the GDPR, which applie= s from 25 May 2018 to the processing of personal data of data subjects in t= he EU by a controller or processor not established in the EU where the acti= vities relate to either to the offering of goods or services to data subjec= ts in the EU (irrespective of whether a payment of the data subject is requ= ired) or monitoring the behaviour of data subjects as far as their behaviou= r takes place in the EU. This could apply in cases where a website owner pl= aces cookies or other tracking devices on the browser or computer equipment= of EU data subjects for the purpose of tracking their online behaviour (se= e Practice note: = overview, Overview of EU General Data Protection Regulation).= Using wording stating that the website is n= ot intended for use by users outside Australia is one way of mitigating the= above risks. These terms are drafted for users residing in (and using the = website within) Australia. In any event, these terms (which reflect Austral= ian law) would need to be reviewed before their use on a website directed a= t users in another jurisdiction. Age There are two main issues with respect to a= ge of users in preparing website terms and conditions - capacity to enter t= he contract, and collection of personal information. These terms do not add= ress content classification requirements in Australia for specific internet= content such as films, electronic publications or games. Capacity: Some sites, depe= nding on the nature of the site and applicable legal requirements, restrict= use of the site by users under a certain age. For example, some sites requ= ire users to be old enough to form a valid contract, which is usually 18 ye= ars old. See Practice note, Contractual capacity: Minors. Personal information: Face= book, Twitter and YouTube all specify in their privacy terms that users of = those websites must be at least 13 years old. This is based on the United S= tates' Children's Online Privacy Protection Act 1998 (COPPA) w= hich requires website operators to obtain verifiable parental consent befor= e personal information is collected from a child under 13 years old. In Australia, the Privacy Act 198= 8 (Cth) does not specify a minimum age for an individual to make a p= rivacy-related decision. However the Office of the Australian Information C= ommissioner has guided that an individual aged under 15 years old is presum= ed not to have capacity to consent to the collection of their personal info= rmation. A website owner can presume that a person aged 15 years or over ha= s capacity to consent unless there is any reason which indicates otherwise = (See Office of the Australian Information Commissioner, Austral= ian Privacy Principles guidelines (February 2014)). Our Site is directed to users who [are 15 years of = age or older OR are at least 18 years old] and are residing in= and using this Site within Australia. We do not represent that content ava= ilable on or through our Site is appropriate for use or available in other = locations. If you access our Site from outside [Australia], you do at your = risk and you are responsible for compliance with laws applicable to your ac= cessing the Site from your location. 7. You must keep your account details safe You must keep your account details safe This term provides that the user must keep any = password or security information confidential. The website owner may have r= estricted the persons who can use the site or may simply want to know certa= in details about who is using it. The final paragraph encouraging users to notify= the website owner if their access details have been disclosed suggests tha= t the website owner will do something (presumably block access and issue a = new password) when it is so notified. The website owner should ensure that = it has a process in place to do this. If you choose, or you are provided with, a user ide= ntification code, password or any other piece of information as part of our= security procedures, you must treat such information as confidential. You = must not disclose it to any third party. We have the right to disable any user identificatio= n code or password, whether chosen by you or allocated by us, at any time, = if in our reasonable opinion you have failed to comply with any of the prov= isions of these terms of use. If you know or suspect that anyone other than you k= nows your user identification code or password, you must promptly notify us= at [EMAIL OR CONTACT DETAILS]. 8. How you may use material on our Site We are the owner or the licensee of all intellectua= l property rights in our Site, and in the material published on it. Those w= orks are protected by copyright laws and treaties around the world. All suc= h rights are reserved. You may print off one copy, and may download extrac= ts, of any page(s) from our Site for your personal use and you may draw the= attention of others to content posted on our Site. You must not modify the paper or digital copies of = any materials you have printed off or downloaded in any way, and you must n= ot use any illustrations, photographs, video or audio sequences or any grap= hics separately from any accompanying text. Our status (and that of any identified contributors= ) as the authors of content on our Site must always be acknowledged. You must not use any part of the content on our Sit= e for commercial purposes without obtaining a licence to do so from us or o= ur licensors. If you print off, copy or download any part of our = Site in breach of these terms of use, your right to use our Site will cease= immediately and you must, at our option, return or destroy any copies of t= he materials you have made. If we provide social media features such as the abi= lity to share content, you may take such actions as are enabled by such fea= tures. You must not delete or alter any copyright, trade m= ark or other proprietary rights notices from copies of materials from this = Site. 9. Do not rely on information on this Site This Site is provided on an "as is" and "as availab= le" basis, and we make no representations or warranties, express or implied= , regarding the operation or availability of the Site. The content on our Site is provided for general inf= ormation only. It is not intended to amount to advice on which you should r= ely. Although we make reasonable efforts to update the i= nformation on our Site, we make no representations, warranties or guarantee= s, whether express or implied, that the content on our Site is accurate, co= mplete or up-to-date. 10. We are not responsible for websites we link to Where our Site contains links to other sites (inclu= ding banner advertisements and sponsored links) and resources provided by t= hird parties, these links are provided for your information only. Such link= s should not be interpreted as approval by us of those linked websites or i= nformation you may obtain from them. We have no control over the contents o= f those sites or resources, and you access third party websites entirely at= your own risk and subject to the terms and conditions of use for those web= sites. 11. User-generated content User-generated content Users to click accept terms before uploading co= ntent Many website owners allow users to upload their= own material to the website when they are, for example, using a chat room = facility or posting a message on a bulletin board or comments thread. Befor= e users are permitted to upload they should be obliged to click accept the = website terms, so creating a contract (see Drafting note, Contract or notice?). If no contr= act is formed the warranties and indemnity in this clause would not be enfo= rceable and the website owner may also not have as wide a licence to use up= loaded content as is being sought in these terms. Website owner's liability Liability for user-generated content The website owner's liability for material up= loaded by users is generally limited however, the website owner may, in cer= tain situations, become liable where the material uploaded by the user is d= efamatory or where its publication violates a third party's intellectual pr= operty rights. The website owner may also be legally obliged to remove mate= rial posted by a user from the website if, for example, such material is de= famatory or breaches a third party's intellectual property rights, to avoid= liability for such material. In the case of copyright, if the user's infri= nging material is not removed, then the website owner might be considered t= o be authorising copyright infringement (and so themselves be participating= in a secondary copyright infringement). See Practice note, Copyright in= fringement: Authorising ("secondary") infringement. See also Practice note, Social media market= ing: Key areas of law for using social media. Limiting liability for user-generated content= Where the website owner is unable to avoid li= ability for content uploaded by users, it will want to be able to bring a c= laim against the relevant user for any loss or damage incurred by the websi= te owner. This term includes a warranty by the user that any contribution m= ade to the website complies with certain content standards. It also contain= s an indemnity for any loss or damage incurred by the website owner arising= from a breach by the user of that warranty. Note that a term in a contract= with a consumer, by which the consumer is required to indemnify another pe= rson (whether a party to the contract or not) for liability incurred by the= other person for negligence or breach of contract, is enforceable only to = the extent it is not unfair under the ACL (see Drafting note, Unfair terms). Obtaining consent for disclosure of content (an= d personal information) to third parties Website owners may be under a legal obligation = to disclose to third parties, including public authorities, material upload= ed to the website as well as the identity of the user responsible for uploa= ding the material. Website users may claim that disclosure of their identit= y and personal details to public authorities and third parties seeking to b= ring a claim against them (for instance, for defamation or breach of intell= ectual property rights) violates their rights under privacy law (Australian= Privacy Principle 6 does permit disclosure of personal information in cert= ain circumstances, including for enforcement related activities). See Pra= ctice note, Australian Privacy Principles: APP 6: Use or disclosure of pers= onal information. The website owner should ideally obtain the use= r's consent to such disclosure at the start of the relationship. This term = obtains such consent. The website owner should check their privacy policy i= s consistent with these terms. This Site may include information and materials upl= oaded by other users of the Site, including to bulletin boards and chat roo= ms. This information and these materials have not been verified or approved= by us. The views expressed by other users on our Site do not represent our= views or values. This Site may contain message boards, chat rooms, p= ersonal web pages or profiles, forums, bulletin boards[, LIST ANY OTHER INT= ERACTIVE FEATURES] and other interactive features (collectively, Inte= ractive Services) that allow users to post, submit, publish, display= or transmit to other users or other persons (post) content or= materials (collectively, User Contributions) on or through th= e Site. All User Contributions must comply with the content= standards set out in paragraph 12 of these terms. Any User Contribution you post to the Site will be = considered non-confidential and non-proprietary. You retain all of your own= ership rights in your content, however by providing any User Contribution o= n the Site, you grant us and [our affiliates and service providers, and eac= h of their and] our [respective] licensees, successors and assigns the righ= t to use, reproduce, modify, perform, display, distribute and otherwise dis= close to third parties any such material [for any purpose OR a= ccording to your account settings]. We also have the right to disclose your identity to= any third party who is claiming that any content posted or uploaded by you= to our Site constitutes a violation of their intellectual property rights,= or of their right to privacy. We have the right to remove any posting you make on= our Site if, in our opinion, your post does not comply with the content st= andards in paragraph 12 of these terms. You are solely responsible for securing and backing= up your content. You represent and warrant that: You own or control all rights in and to your Us= er Contributions and have the right to grant the license granted above to u= s and [our affiliates and service providers, and each of their and] our [re= spective] licensees, successors and assigns. All of your User Contributions do and will comp= ly with these terms. You understand and acknowledge that you are res= ponsible for any User Contributions you submit or contribute, and you (and = not us) have fully responsibility for such content, including its legality,= reliability, accuracy and appropriateness. We are not responsible, or liable to any third = party, for the content or accuracy of any User Contributions posted by you = or any other user of the Site. We have the right to remove, refuse to post or take= any action with respect to any User Contributions for any or no reason in = our sole discretion. If you wish to complain about information and material= s uploaded by other users please contact us on [HYPERLINK TO CONTACT US DET= AILS]. 12. Content standards The content standards in this clause 12 apply to an= y and all User Contributions [and use of social media features]. User Contr= ibutions must in their entirety comply with all applicable federal, state, = local and international laws and regulations. In particular, you warrant th= at your User Contributions will not: Contain any material which is defamatory, obsce= ne, indecent, abusive, offensive, harassing, violent, hateful, inflammatory= or otherwise objectionable. Contain or promote sexual or pornographic mater= ial, violence, or discrimination based on race, sex, religion, nationality,= disability, sexual orientation or age. Infringe any patent, trade mark, trade secret, = copyright or other intellectual property or other rights of any other perso= n. Violate the legal rights (including the rights = of publicity and privacy) of others or contain any material that could give= rise to any civil or criminal liability under applicable laws or regulatio= ns or that otherwise may be in conflict with these terms and our privacy po= licy [INSERT AS LINK TO PRIVACY POLICY]. Be likely to deceive any person. Promote any illegal activity, or advocate, prom= ote or assist any unlawful act. Cause annoyance, inconvenience or needless anxi= ety or be likely to upset, embarrass, alarm or annoy any other person. Impersonate any person, or misrepresent your id= entity or affiliation with any person or organisation, including with us. Involve commercial activities or sales, such as= contests, sweepstakes and other sales promotions, barter or advertising. Give the impression that they emanate from or a= re endorsed by us or any other person or entity, if this is not the case. Whenever you make use of a feature that allows you = to upload content to our Site, or to make contact with other users of our S= ite, you must comply with the content standards in this clause 12. You warrant that any such contribution complies wit= h these standards, and you will be liable to us and indemnify us for any br= each of that warranty. This means you will be responsible for any loss or d= amage we suffer as a result of your breach of warranty. We may report any b= reach of your warranty to the relevant law enforcement authorities and we w= ill co-operate with those authorities by disclosing your identity to them. = In the event of such a breach, your right to use our Site will cease immedi= ately. 13. Limitation of liability Limitation of Liability This clause is included as a risk minimisation = strategy in favour of the website owner. These terms are suitable for use f= or business users as well as consumers. For more information on limiting li= ability in a business context, see Practice note, Limitation and exclusion of liabil= ity in commercial contracts. This clause includes a limitation of liability = to the extent permitted by the ACL. For further information about limiting = liability under the ACL, see Practice note, Consumer guarantees: Excludin= g, modifying or limiting liability for breaches. In no event will we, our affiliates or their licens= ors, service providers, employees, agents, officers or directors be liable = for damages of any kind, under any legal theory, arising out of or in conne= ction with your use, or inability to use, our Site, any websites linked to = it, any content on our Site or such other websites or any services or items= obtained through our Site or such other websites, including any direct, in= direct, special, incidental, consequential or punitive damages, including b= ut not limited to, personal injury, pain and suffering, emotional distress,= loss of revenue, loss of profits, loss of business or anticipated savings,= loss of use, loss of goodwill, loss of data, and whether caused by tort (i= ncluding negligence), breach of contract or otherwise, even if foreseeable.= Nothing in this clause affects any liability which = cannot be excluded or limited under applicable law. We do not exclude or li= mit in any way our liability to you where it would be unlawful to do so. Th= is includes liability for death or personal injury caused by our negligence= or the negligence of our employees, agents or subcontractors and for fraud= or fraudulent misrepresentation. Where our liability cannot be excluded, w= e limit our liability to the fullest extent permitted by the Australian Con= sumer Law. You agree to defend, indemnify and hold us, our aff= iliates, licensors and service providers, and each of their respective offi= cers, directors, employees, contractors, agents, licensors, suppliers, succ= essors and assigns, harmless from and against any claims, liabilities, dama= ges, judgments, awards, losses, costs, expenses or fees (including reasonab= le attorneys' fees) arising out of or relating to your violation of these t= erms or your use of the Site, including, but not limited to [, your User Co= ntributions], your use of any information obtained from the Site and any us= e of the Site's content, services and products other than as expressly auth= orised in these terms. [Different limitations and exclusions of liability = will apply to liability arising as a result of the supply of any products t= o you, which will be set out in our terms of sale [INSERT LINK TO TERMS OF = SALE].] 14. We are not responsible for viruses We do not guarantee that our Site will be secure or= free from bugs or viruses. You are responsible for configuring your technology= to access our Site. You should use your own virus protection software. 15. Rules about linking to our Site Rules about linking to our Site This term allows the user to link to the websit= e provided certain conditions are met. It sets out in detail the ways in wh= ich a third party website owner may set up a link from their website to the= website owner's website. It also makes clear that any other form of linkin= g to the website is subject to the website owner's express consent. See als= o Practice note, Website content, development and hosting: Website linkin= g licences. You may link to our home page, provided you do so i= n a way that is fair and legal and does not damage our reputation or take a= dvantage of it. The website in which you are linking must comply in all res= pects with the content standards set out in paragraph 12. You must not establish a link in such a way as to s= uggest any form of association, approval or endorsement on our part where n= one exists. Our Site must not be framed on any other Site, nor = may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission= without notice. If you wish to link to or make any use of content o= n our Site other than that set out above, please contact [EMAIL ADDRESS]. 16. Australian law applies to disputes These terms of use, their subject matter and their = formation, are governed by Australian law. You and we both agree that the c= ourts in Australia will have exclusive jurisdiction. 17. Our trade marks are registered ["TRADE MARK 1"] and ["TRADE MARK 2"] and all relat= ed names, logos, product and service names, designs and slogans are our tra= de marks or the trade marks of our affiliates or licensors. You must not us= e such marks without our prior written permission unless they are part of m= aterial you are using as permitted under paragraph 8. Other names, logos, product and servi= ce names, designs and slogans on this Site are the trade marks of their res= pective owners and are used by us under licence. 18. Prohibited uses Prohibited uses In recent years, websites have often been targe= ted by hackers and others who, for commercial gain or criminal purposes, ha= ve tried to disable the website or to gain access to databases connected to= the website (for example, databases containing customers' credit card deta= ils). To this end, they have introduced viruses or other technologically ha= rmful material, or launched denial-of-service or distributed denial-of-serv= ice attacks. This term does the following: Allows the website owner to disclose inform= ation relating to the relevant user's identity to law enforcement authoriti= es and to suspend a user's right to use the website with immediate effect.<= /paratext> States that any such action by the user wil= l be deemed to be a breach of the terms of website use, which may result in= the user being liable for any loss or damage incurred by the website owner= as a result of such an attack. In practice, there have been few cases wher= e website owners have brought civil claims against hackers and other perpet= rators of computer crime. However, with recent increases in computer crime = and improvements in computer forensics, companies may in the future decide = to bring more civil actions against the perpetrators. This term seeks to im= prove a website owner's legal position by giving them a claim for breach of= contract in these situations. Such a claim will only be possible if the us= er has click accepted the terms of use (see Drafting note, Contract or notice?). You may use the Site only for lawful purposes and i= n accordance with these terms. You agree not to use the Site: in any way that violates any applicable federal= , state, local or international law or regulation (including, without limit= ation, any laws regarding the export of data or software to and from other = countries); for the purpose of exploiting, harming or attem= pting to exploit or harm minors in any way by exposing them to inappropriat= e content, asking for personally identifiable information or otherwise; to send, knowingly receive, upload, download, u= se or re-use any material which does not comply with the content standards = set out in paragraph 12 of these terms; to transmit, or procure the sending of, any adv= ertising or promotional material [without our prior written consent], inclu= ding any "junk mail", "chain letter" or "spam" or any other similar solicit= ation; to impersonate or attempt to impersonate us, an= y of our employees, another user or any other person or entity (including, = without limitation, by using email addresses [or screen names] associated w= ith any of the foregoing); or to engage in any other conduct that restricts o= r inhibits anyone's use or enjoyment of the Site, or which, as determined b= y us, may harm us or users of the Site or expose them to liability. Additionally, you agree not to: use the Site in any manner that could disable, = overburden, damage, or impair the Site or interfere with any other party's = use of the Site, including their ability to engage in real time activities = through the Site; use any robot, spider or other automatic device= , process or means to access the Site for any purpose, including monitoring= or copying any of the material on the Site; use any manual process to monitor or copy any o= f the material on the Site or for any other unauthorised purpose without ou= r prior written consent; use any device, software or routine that interf= eres with the proper working of the Site; introduce any viruses, trojan horses, worms, lo= gic bombs or other material which is malicious or technologically harmful;<= /paratext> attempt to gain unauthorised access to, interfe= re with, damage or disrupt any parts of the Site, the server on which the S= ite is stored, or any server, computer or database connected to the Site; attack the Site via a denial-of-service attack = or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper = working of the Site. We may report any of the activities above to the re= levant law enforcement authorities and we will cooperate with those authori= ties by disclosing your identity to them. In the event of such a breach, yo= ur right to use our Site will cease immediately. 19. Online purchases All purchases through our Site or other transaction= s for the sale of [goods] [or services] [or information] formed through the= Site or as a result of visits made by you are governed by our terms of sal= e [INSERT LINK TO TERMS OF SALE], which are incorporated into these terms.<= /paratext> 20. Other terms and conditions Additional terms and conditions may also apply to s= pecific portions, services or features of the Site. 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