Terms & Conditions (T&Cs) - Registered Users

TERMS FOR USE OF THE REVIEW HAVEN WEBSITE – REGISTERED USERS

These terms and conditions govern the use of the Website by Registered Users, which is operated by Dream Enterprises Pty Ltd ACN 147 406 746, trading as Review Haven.  

By clicking “accept” when you register as a Registered User on the Website, you agree to be bound by the terms and conditions set out in this Agreement as they apply to Registered Users.

1. DEFINITIONS & INTERPRETATION

1.1   Definitions

In this Agreement, unless the context indicates otherwise:

ACL” means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
 “Advertiser” means any person or entity that has purchased a Package or Advertising Space on the Website
Advertising Space” means allocated banner space available for advertisements on the Website, which Advertisers can purchase for specified periods of time at our discretion. Prices are provided on application.
Agreement” means the agreement constituted by the terms set out in this document between you and us, and includes any variation to this Agreement.
Associates” has the meaning given in the Corporations Act 2001 (Cth).
Basic Listing” means a Listing resulting from a Registered User recommending a Product, Service or Business via the “Suggest a Listing” or “Add New Listing” link.  Basic Listings are the base level Listings that can be upgraded to a Paid Listing by purchasing a Package.
Business” means any business or commercial endeavour promoted on the Website.
Claim” includes any claim, action, judgment, arbitration, proceeding,  suit, cause of action, defence, set-off or demand.
Comment” means a response posted to a Review, and “Commenter” has a corresponding meaning.
Consequential Loss” includes, without limitation:

(a) loss of profits;
(b) loss of revenue;
(c) loss of data;
(d) lost production;
(e) loss of business;
(f) loss of the benefit of any contract or other agreement or arrangement;
(g) losses which do not arise naturally from a breach of contract in the usual course;
(h) death or personal injury;
(i) damage to health;
(j) damage to reputation; and
(k) legal costs.

Linked Websites” has the meaning given to that term in clause 4(a).
Listing” means a specified section listed on the website dedicated to a particular Product, Service or Business. The Listing allows information about the Product, Service or Business to be displayed, as well as Reviews and Comments submitted, in accordance with the terms and conditions applicable for the type of Listing or Package.  Listings may be either:

(a) free (where a Registered User has suggested a Product or Service); or
(b) purchased (where an Advertiser has purchased a Package).

Moral Rights” has the meaning given to that term under the Copyright Act 1968 (Cth) and equivalent foreign legislation
Package” means a Bronze, Silver or Gold Listing package which is purchased by an Advertiser to create a Paid Listing.  The Package we supply is for a Listing which contains varied levels of information able to be displayed, subject to the type of Package purchased.  The inclusions in the Packages are specified in the “Advertisers” section on the Website, and are subject to change without notice.  It is the responsibility of the Advertiser to populate and maintain the information contained within their Listing.
Paid Listing” means a Listing for which an Advertiser has purchased a Package.
Postings” any content submitted by Registered Users or Advertisers for inclusion on the Website, including but not limited to Reviews, Comments, Listings, advertisements, text, files, images, graphics, audio/sound clips, video and other materials.
Products” are any goods advertised or promoted on the Website.
Registered User” means a user of the Website who has registered and created a User Account in order to post Reviews and Comments or to purchase a Package or Advertising Space.
Review” means an assessment or evaluation of a Product, Service or Business submitted by a Registered User of the Website, and “Reviewer” has the corresponding meaning.
Services” are any services advertised or promoted by us on the Website.
Suggested Listings” are recommendations made by Registered Users in respect of Products, Services or Businesses which do not have an existing Listing on the Website and about which a Registered User wishes to submit a Review.
Trade Marks” means the REVIEW HAVEN word trade mark, the REVIEW HAVEN logo and any other trade marks owned or licensed by us and used on the Website from time to time.
User Account” means the account created by a Registered User upon registration on the Website.
Visitor” means a person who visits and browses the Website but does not contribute to the content of the Website.
We”, “us” and “our” are references to Dream Enterprises Pty Ltd ACN 147 406 746 and any of its Associates, and each of them severally.
Website” means the Review Haven website at www.reviewhaven.com.
You” and “your” are references to you as a Registered User of the Website.

2. USE OF INFORMATION

(a)   All information provided on the Website or in respect of any Products or Services is provided by us as general information and is not in the nature of advice.  We reserve the right to update or otherwise change this information at any time.
(b)   Subject to consumers’ rights under the ACL, we do not make any representations or warranties that any information provided on the Website is reliable, up-to-date, accurate, complete or suitable for any particular purpose, or that your access to the Website will be uninterrupted, timely or secure.
(c)   Except for losses attributable to breaches of the consumer guarantees contained in the ACL, we are not liable for any direct loss, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or any Products or Services advertised, reviewed or promoted on the Website.
(d)   Your use of information provided on the Website, and any Products or Services advertised, reviewed or promoted on the Website, is entirely at your own risk.
(e)   You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Website.  In addition, you may not commercialise any Products or Services, or any information or materials downloaded from the Website.

3. INTELLECTUAL PROPERTY

3.1   Copyright

Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us (except for content provided by Registered Users or Advertisers).  Subject to the exceptions in the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you must not:

(a)   adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or
(b)   commercialise any information obtained from any part of the Website.

3.2   Trade marks

(a)   The REVIEW HAVEN Trade Marks, including the REVIEW HAVEN logo, are the property of Dream Enterprises Pty Ltd. 
(b)   You must not use any of our Trade Marks or logos without our written permission.
(c)   Without limiting clause 3.2(a) or 3.2(b), you agree that you will not use any of our Trade Marks:

(i) in or as the whole or part of your own trade marks;
(ii) on your website or in any marketing or promotional materials; or
(iii) in connection with activities, products or services that are not ours.

3.3   Third party rights

Copyright and other intellectual property rights in some of the Website content may be owned by other Registered Users, Advertisers and other third party content providers.  You must observe the intellectual property rights of any other content provider.

3.4   Consent to Infringement of Moral Rights

You consent to the infringement by us of any Moral Rights you may have with respect to the content of any Review or Comment posted on the Website by you, including without limitation, the right to attribution.  We may edit and deal with Postings in any manner we see fit

3.5   Licence

You grant us a perpetual, non-exclusive, worldwide, royalty free licence to exploit the copyright and any other intellectual property rights you may have with respect to any content you provide for Postings, for any purpose we see fit, including without limitation, for the purposes of market research, analysis or reporting.  We may transfer or sublicense this licence without your consent, and without giving you any notice.

4. LINKED WEBSITES

(a)   The Website may contain links to third party websites (“Linked Websites”).  The content of Linked Websites may not be current or be maintained.  We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on Linked Websites.
(b)   We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure. 
(c)   Links to particular items are not to be construed as endorsements by us of any views expressed, goods or services offered on Linked Websites or of the organisations sponsoring the Linked Websites.
(d)   Our links to 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 Linked Websites, unless and to the extent expressly stipulated to the contrary.

5. REGISTERING AS A REGISTERED USER, SUBMITTING REVIEWS AND COMMENTS

5.1   User Accounts

(a)   You must register for a User Account in order to submit Reviews and post Comments on Listings on the Website.
(b)   You agree to abide by the terms of this Agreement.
(c)   You agree to maintain the security of your username and password at all times.
(d)   You agree to be soley responsible for any and all activity associated with your User Account, including any Consequential Loss.
(e)   We reserve the right to (at our sole discretion) without providing reasons:

(i) reject any application to become a Registered User; and
(ii) temporarily suspend or permanently remove any User Account.

(f)   You may not use or attempt to access another Registered User’s account that is not your own.
(g)   If you suspect or become aware of any unauthorised use of your User Account or that your password is no longer secure, you agree to notify us immediately.

5.2   Legal Capacity

(a)   If you make a purchase through our Website using your User Account, you represent and warrant to us that you are over 18 years of age.
(b)   Should we suffer any loss or damage, as a result of a transaction entered into by a person under 18 years of age, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the person who caused the order to be placed.

5.3   Review and Comments

(a)   We accept positive and negative Reviews and Comments.
(b)   Reviews and Comments must be factual, based on the true first-hand experience of the reviewer.  Reviews and comments cannot be based on rumours or on third party accounts.
(c)   Business owners and their staff must not write Reviews about their own business.  These are unlikely to be unbiased reviews.
(d)   Depending on the level of Package purchased, a Registered User may be able to provide Comments to Reviews submitted on their Listing.  It is not our responsibility to verify whether the Registered User who is making the Comment is an authorised representative of the respective Listing.
(e)   We may but are not obliged to reject Reviews and Comments that we consider  inappropriate (at our sole discretion) for any reason, including without limitation, that:

(i) are in any language other than English, or are otherwise incomprehensible;
(ii) are off-topic or “spam”;
(iii) contain offensive language or potentially offensive or illegal content (i.e., racist or sexist material, pornography, swear words);
(iv) do not appear to be based on the firsthand experience of the Reviewer;
(v) invade the privacy of any individual;
(vi) may be biased;
(vii) do not appear to be based on fact or to be a true account;
(viii) appear to be misleading or deceptive;
(ix) may be in breach of a court order (i.e., naming a person or matter subject of court proceedings);
(x) contain allegations of illegal activities, professional misconduct, medical malpractice or claims of food poisoning.  These issues should be taken up with the appropriate authorities (e.g., police or state health department);
(xi) infringe the copyright or other intellectual property rights or other rights of any third party;
(xii) are potentially defamatory or are intended to damage the reputation of a business, individual or other legal entity.  Negative Reviews must be supported by as much factual detail and background information as possible in order to be considered for publication; or
(xiii) otherwise do not comply with the terms of this Agreement.

(f)   When a Review or Comment is rejected, we will send an email to the Registered User briefly explaining our decision.  Our decision in this regard is final.
(g)   We reserve the right to publish, edit, modify, reject or remove any Review or Comment at our sole discretion, without any prior reference to you.
(h)   Any Visitor, Registered User or Advertiser on the Website may report any Review, Comment or other Posting they feel is inappropriate or offensive by following the instructions in the Frequently Asked Questions (FAQs) section on the Website.

5.4   Information, Representations and Statements Displayed on the Website

If you elect to submit Reviews, Comments or other Postings or to participate in our social networking channels or other community features that our Website may offer from time to time, you will be solely responsible for all content contained in the respective Postings.

(a)   You agree and warrant that any Postings you post to the Website:

(i) will be true and accurate;
(ii) will not be misleading or deceptive;
(iii) will not contain any racist, discriminatory, offensive, pornographic or illegal content;
(iv) will not defame any person or invade any person’s privacy; and
(v) will not infringe the copyright or any other intellectual property or proprietary rights of any person or business.

(b)   You agree not to furnish any Postings to which you do not own the rights.
(c)   By furnishing Postings, you acknowledge that other Registered Users of the Website may submit Reviews or Comments about your Postings which could potentially be derogatory, and that Review Haven has no obligation to monitor or delete any such postings.
(d)   Review Haven reserves the right, but not the obligation, to monitor Postings.  Review Haven does not and cannot monitor all of the Postings made to the Website.  We will not be responsible for the content of any Postings.
(e)   Review Haven has no obligation to verify the accuracy of any personally identifying information that is posted to our Website.
(f)    Review Haven does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive, or otherwise objectionable and not in keeping with the community standards of the Website. If Review Haven elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings.
(g)   Under no circumstances will Review Haven be liable for any inaccuracy or defect in any Postings.
(h)   Your username and profile image (if submitted) will be displayed on the Website in your Postings.  You accept full responsibility for these details, along with the rest of your personal information.  If you are not comfortable with publicly sharing information, such as your profile picture, do not submit it on the Website or delete it if you have submitted it previously. 
(i)   We also expect our Registered Users to adhere to basic rules of the Website.  Therefore, you agree not to post, e-mail, or otherwise make available Postings:

(i) that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy or harmful to minors in any way;
(ii) that harass, degrade, intimidate, or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iii) that include personal or identifying information about another person without that person's explicit consent;
(iv) that are false, deceptive, misleading, deceitful, mis-informative, constitute "bait and switch," or impersonation of any person or entity;
(v) that contain your own or a third party’s advertising, branding, or promotional content;
(vi) that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available; or
(vii) that restrict or inhibit any other user from using and enjoying the Website or services offered on the Website. 

(j)   You agree to use and rely on Postings at your own risk. 
(k)   Review Haven does not make any representation or warranty about the material contained in the Postings. 
(l)   Review Haven assumes no responsibility for any contact you may have with other users of our sites, either online or offline.  If you elect to meet in person with someone you may meet on our Website, you do so at your own risk, and Review Haven under no circumstances, will be liable for any activity or injury that may occur. 
(m)   You acknowledge that any Posting that you post to the Website is publicly available information.  Such information may be accessed by everyone on the Internet, be indexed by third party search engines, and be imported, exported, distributed and redistributed by others without privacy limitations.  Review Haven under no circumstances, will be liable for the use of or reference to your Postings, considered publicly available information, outside of the Website.

5.5   Suggested Listings

(a)   Registered Users may “suggest” a Product, Service or Business to receive a free Basic Listing using the “Suggest a Listing” link on the homepage of the Website or the “Add New Listing” link in the Registered User’s “My Account” section on the website.
(b)   Suggested Listings are subject to verification and setup by us.
(c)   Registered Users will not be able to submit Reviews or Comments on Suggested Listings until the Suggested Listing has been verified and setup by us.
(d)   Only genuine Products, Services or Businesses should be recommended for a Basic Listing.  Business owners may suggest their business for a Listing to encourage people to provide Reviews and Comments on the Website.
(e)   We reserve the right, but not the obligation, to monitor Listings.  Review Haven does not and cannot monitor all of the Listings on the Website therefore, will not be responsible for the content of any Listings.

5.6   Supply of Website Services to You (including Termination)

(a)   We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.
(b)   We may terminate your account or restrict your access to the Website if we reasonably consider that there has been a breach of this Agreement by you. If we do this, you may to the extent permissible at law be prevented from accessing all or parts of the Website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

CONTINUED - Next page