T&Cs - Registered Users (Continued)

TERMS FOR USE OF THE REVIEW HAVEN WEBSITE – REGISTERED USERS (Continued)

6. DISCLAIMER

(a)   We do not exclude any rights and remedies in respect of services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded or restricted.
(b)   We do not guarantee the accuracy of the content of the Website, including but not limited to any Listings, maps and any third party websites.
(c)   We do not endorse, subscribe to or accept any responsibility for the views expressed by Registered Users in any Comments or Reviews or the content posted by any Advertiser.
(d)   Subject to clause 6(a) or except where otherwise prohibited by law, we do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:

(i) your use of this Website;
(ii) your use of any Linked Websites or any material contained on Linked Websites;
(iii) your use or reliance on information contained on or accessed through this Website; or
(iv) any interruption or cessation of transmission to or from this Website.

7. PRIVACY POLICY

We may collect personal information in order to provide services to you.  We undertake to:

(a)   deal with any of your personal information we collect as a consequence of your use of the Website in accordance with; and
(b)   otherwise to comply with, the terms of our privacy statement which is available at Privacy Policy.

8. SECURITY OF INFORMATION

(a)   Information is also collected by our payment gateway service providers.  No data transmission over the internet can be guaranteed as totally secure.
(b)   Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us.  Accordingly, any information which you transmit to us is transmitted at your own risk.  Nevertheless, once we receive your transmitted information, we will take reasonable steps to preserve the security of the transmitted information.

9. PROHIBITED USES

(a)   You agree that you will not:

(i) use the Website for any unlawful purpose, including but not limited to, breaching intellectual property rights, defaming, harassing, or discriminating against any individual, posting abusive illegal or offensive material of any kind or breaching fair trading or consumer protection laws;
(ii) submit any Comment or Review which is contrary to or has the potential to offend any terms of this Agreement;
(iii) upload, transmit, link to or introduce to the Website by any means any harmful material, including but not limited to computer worms, viruses, malicious software or other code, whether or not such material was intended to cause harm to the Website or its host server;
(iv) interfere with in any way the data, files, passwords and other information comprising the Website or do anything that threatens the safety and security of the Website or its host server; and
(v) use the Website or the Listings to send unsolicited emails of any kind, including spam and chain mail, or to engage in other activities which are not legitimate enquiries, such as “flooding” or mass distribution of emails, whether commercial in nature or not.

10. INDEMNITY

10.1 Indemnity

(a)   You indemnify and will keep us indemnified from and against all Claims and any direct, indirect or Consequential Loss (including legal costs on a full indemnity basis), that we may suffer or incur as a result of or in connection with:

(i)  any breach of this Agreement by you; or
(ii) any Review or Comment submitted by you.

(b)   Without limitation, the indemnity in clause 10.1(a) will apply to Claims and losses arising out of any actual or alleged injury, damage, death or other consequence occurring to any person as a result, directly or indirectly, from any Review or Comment submitted by you.

10.2 Continuing obligation

Each indemnity in this Agreement is a continuing obligation separate and independent from your other obligations and survives termination of this Agreement.

11. SYSTEM SECURITY

(a)   You must not, and you must not permit any other person to:

(i) violate or attempt to violate any aspect of the security of the Website;
(ii) subject to the exceptions prescribed under the Copyright Act 1968 (Cth), modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.

(b)   You understand that any such violation may be unlawful and that any contravention of law may result in criminal prosecution.  Examples of violations include:

(i) accessing data unlawfully or without consent;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
(iii) attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; and
(iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

12. VARIATION

We may vary the terms of this Agreement at any time by altering the “Terms & Conditions” as displayed on the Website, in which case changes will be effective immediately upon publication on the Website. 

13. GENERAL

(a)   Any provision of this Agreement which is illegal, void or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in another jurisdiction.
(b)   If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.

14. GOVERNING LAW

(a)   The Website is operated from Australia.  We make no representations that the content and materials on the Website are appropriate for use in other locations.
(b)   These terms and conditions and your use of the Website are governed by the laws in force in Queensland, Australia.  By using the Website you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.