Terms & Conditions - Visitors

TERMS FOR USE OF THE REVIEW HAVEN WEBSITE - VISITORS

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

By using this Website, you agree to be bound by the terms and conditions set out in this Agreement.  If you do not accept these conditions you must refrain from using the Website.

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 a business which advertises or is promoted on the Website.
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.

Deals” means a special offer or promotion run by a Business that appears under the “Deals” section on the homepage of the Website.
Linked Websites” has the meaning given to that term in clause 1(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). 

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 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 Visitor of the Website.

2. NO SALES, ENDORSEMENTS OR AGENCY

(a)   Subject to clause 2(e), we do not offer or purport to sell, endorse or recommend any Products or Services on the Website.
(b)   Subject to clause 2(e), any Products or Services purchased following a visit to the Website are not supplied by or on behalf of us, but are supplied by independent third party suppliers.  We make no warranties or representations about any Products or Services supplied by third parties through the Website.  We do not usually review or assess third party Products and Services.  Any Reviews or Comments that may be made by us on the Website with respect to any third party supplied Products or Services do not constitute an endorsement or recommendation, or a representation as to any connection or affiliation with the supplier, and we take no responsibility for any reliance upon such Reviews or Comments.  No representations or warranties are made by us as to the accuracy or completeness of any information provided.
(c)   There is no relationship of agency between any Advertisers or third party website operators and us for the purposes of the sale of any Products or Services.
(d)   Our relationship with Advertisers is limited to a contractual agreement for the supply of Packages or Advertising Space on the Website.
(e)   The only Services we provide via the Website are with respect to the Packages for, and Advertising Space on, the Website.
(f)   We do not endorse, subscribe to or accept any responsibility for the views expressed by any Registered Users or Advertisers in any Postings submitted on the Website.
(g)   Any opinions expressed in Postings are that of their author and can never be attributed to us.

3. USE OF INFORMATION

(a)   All information provided by us on the Website 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, your use of the Website, or the supply or use of 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 information or materials downloaded from the Website.

4. INTELLECTUAL PROPERTY

4.1   Copyright

Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us (or third parties in the case of 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.

4.2   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 clauses 4.2(a) or 4.2(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.

4.3   Third party rights

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

5. 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.

6. SUGGESTED LISTINGS

(a)   Visitors must register as a Registered User in order to “suggest” a Product, Service or Business receive a Basic Listing.  This is setup 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)   Visitors will not be able to submit Reviews or Comments on Suggested Listings.  Visitors must register as a Registered User in order to submit Reviews or Comments.
(c)   Only genuine Products, Services or Businesses should be recommended for a Basic Listing. 

7. DEALS

(a)   Deals may be included by Review Haven on the Website from time to time for information purposes for Visitors of the Website.
(b)   We do not make any representations or warranties that any information on any particular Deal is reliable, up-to-date, accurate, complete or suitable for any particular purpose, or that any Deal represents the lowest price at which any particular Products or Services can be purchased.
(c)   Inclusion of Deals are not to be construed as endorsements, approval or recommendation by us of any views expressed, goods, services or discounts offered within them or of the organisations to which the Deals relate.
(d)   You understand and agree that except to the extent required by the ACL, we do not accept liability in respect of errors or omissions caused by incorrect or inadequate information supplied by or to us.
(e)   You agree to make your own enquiries to verify information provided about the Deals that appear on the Website and to assess the suitability of these Deals to you.

8. INFORMATION, REPRESENTATION AND STATEMENTS DISPLAYED ON THE WEBSITE

(a)   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, and is not responsible for the content of any Postings.
(b)   Review Haven has no obligation to verify the accuracy or authenticity of any personal information that is posted to our Website.
(c)   Review Haven reserves the right to delete or edit any material in any Posting that it determines (in its absolute discretion) is inappropriate for any reason including, without limitation, 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.
(d)   Under no circumstances will Review Haven be liable for any inaccuracy or defect in any Postings.
(e)   As Review Haven does not monitor the Postings, you agree to use and rely on them at your own risk. 
(f)   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. 

9. 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.

10. PROHIBITED USES

You agree that you will not do any of the following:

(a)   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;
(b)   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;
(c)   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
(d)   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.

11. 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 consumers’ rights with respect to breaches of the ACL, 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; or
(iii) your use or reliance on information contained on or accessed through this Website, including without limitation, Reviews and Comments.

12. 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.

13. 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. 

14. 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.

15. 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.