Disclaimer
1 Terms of Use
This website (“Website”) is owned and operated by Funseekers Australia Pty Ltd ACN 118 587 607 (“Funseekers”).
The Website is an online activity and events tool which acts, as an interface to match people with other people and businesses. Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the ‘Terms of Use’). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. By accepting these terms and conditions, you warrant that you:
(a) are 18 years of age or over;
(b) have no criminal record, history of mental illness or patterns of substance abuse;
(c) have not been previously banned from using the Website, or any similar service offered by Funseekers, or any third party;
(d) are in no way involved with, or related to, any service or business which competes with the Website; and
(e) are currently residing in Australia .
Funseekers reserves its right to amend the Terms of Use at any time and without notice to you.
2 Your obligations
You must use the Website in a responsible manner. You agree to not:
(a) use the Website to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law;
(b) post any copyrighted material to the Website unless the copyright is owned by you. By submitting content to the Website you are attesting that you are the original author of the work and that any citation or appropriation of other people’s work within its content has been appropriately referenced or otherwise cleared and approved by the relevant copyright owner;
(c) use the Website to send unsolicited email messages;
(d) in any way tamper, hinder or modify the Website;
(e) knowingly transmit any viruses or other disabling features to the Website or via the Website;
(f) use the Chat Rooms on the Website to promote competing business or services to those offered by Funseekers;
(g) infringe upon the intellectual property rights of Funseekers; or
(h) attempt any of the above acts, or facilitate or assist another person to do any of the above acts.
All members are responsible for ensuring their interaction with other Funseekers’ members is polite, considerate and complies with all applicable laws. If you do not comply with the Terms of Use and, consequently Funseekers terminates your membership, you release and discharge Funseekers from all rights, claims, actions, suits, proceedings and claims you may have had against Funseekers.
3 Intellectual property
The material on the Website, including the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned or licensed by Funseekers and protected by copyright law under the laws of Australia and international copyright laws.
The Website, or your use of the Website, does not grant you a licence to use any of the intellectual property owned or licensed by Funseekers, that is displayed on the website without the express written permission of Funseekers or the intellectual property owner.
You may view the Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by Funseekers or expressly authorised in writing by Funseekers.
By submitting content to the Website you grant Funseekers a royalty-free and irrevocable licence to reproduce your submissions, and the right to download and print any material that you post.
Funseekers is not responsible for copyright infringements made by any third party resulting from the publication of your content on the Website.
4 Restrictions on use
You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Funseekers or an associated entity or which is prohibited by the Terms of Use.
5 Advertising, third party content and links to third party websites
The Website contains hyperlinks and other pointers to internet websites operated by third parties (“Linked Websites”). Funseekers does not control Linked Websites and is not responsible for the contents of any Linked Website or any hyperlink contained in a Linked Website. Linked Websites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Funseekers of the Linked Website or the products or services provided by Linked Websites. You link to Linked Websites entirely at your own risk.
Funseekers may receive fees and/or commissions from third parties for goods and services displayed on the Website or made available via Funseekers. You acknowledge and consent to Funseekers receiving such fees.
6 Prices, products, services and information are subject to change
All prices, products, services and information offered to be supplied to you via the Website are subject to change without notice to you.
7 Licences and your submissions
You agree that you will not upload or transmit any communications or material of any type that infringe or violate any laws or the rights of any party.
By submitting communications or materials to any part of the Website, including via the Feedback function, you agree that such submissions are non-confidential for all purposes. If you make any such submissions, you automatically grant (without compensation or further obligation) and warrant that the owner of such information has expressly granted (without compensation or further obligation) Funseekers a royalty-free, perpetual, irrevocable, world-wide non-exclusive licence to use, reproduce, create derivative works from, adapt, modify, publish, edit, translate, distribute, perform, and display the communication or information in any media or medium, or any form, format, or forum now known or developed in the future.
You agree that Funseekers may sub-licence its rights to your submissions and you hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information.
Funseekers will be entitled to unrestricted use of your submissions for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to publish on the Website or elsewhere and to use your submissions, including any suggestions, ideas, etc. contained within. You agree that you will have no recourse against Funseekers for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
8 Indemnity
By visiting the Website, you agree to indemnify Funseekers from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Funseekers is not involved in member to member communications or meetings. Therefore, if a conflict arises between you and another member, to the extent permitted by law, you release Funseekers from any claims, demands, lawsuits, cause of action and damages arising out of or in any way connected with such conflict.
9 Disclaimer
Some legislation such as the Australian Trade Practices Act 1974 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by Funseekers via the Website which cannot be excluded, restricted or modified (your ‘Statutory Rights’). Funseekers excludes all conditions and warranties implied by custom, law or statute except for your statutory rights.
Except for your Statutory Rights, in respect of the Website:
(a) all material on the Website is provided to you without warranties of any kind, either express or implied;
(b) Funseekers expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(c) Funseekers does not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
(d) Funseekers does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise; and
(e) you solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website.
To the extent permitted by law, including but not limited to any act or omission on the part of Funseekers, Funseekers will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that Funseekers does not exert control over users of the internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.
10 Limitation of Liability
To the extent permitted by law, Funseekers’ liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of Funseekers, to one or more of the following:
(a) In the case of services supplied or offered by Funseekers:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
(b) In the case of goods supplied by or offered by Funseekers:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the costs of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the costs of having the goods repaired.
11 Privacy
The privacy of all information regarding our Members and visitors of the Website is very important to us. For information about our collection, storage and use of information in connection with this website, please read the Funseekers Privacy Policy.
Your acceptance of the Terms of Use also confirms your acceptance of the Funseekers Privacy Policy.
12 Miscellaneous
Funseekers relies upon your continued observance of the Terms of Use. If Funseekers suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Funseekers for those losses, damages and costs.
The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland , Australia . You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
Funseekers does not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.
All rights not expressly granted herein are reserved.
If Funseekers does not act in relation to a breach of the Terms of Use by you, this does not waive Funseekers’ rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
13 Termination of Membership
Funseekers reserves its right to terminate your membership without notice to you if you are abusive, discriminatory, continue to harass any other members, transmit offensive messages and/or images including pornography, are suspected of having or are found to have engaged in any fraudulent or criminal activity, or for not adhering to the Terms of Use. There will be no reimbursement or credit if your membership is terminated due to the violation of the Terms of Use. Funseekers has no liability to you if it terminates your membership and you waive all rights you may have had against Funseekers in respect of such conduct.
14 Termination of Terms of Use
The Terms of Use are effective until terminated by Funseekers. Funseekers may terminate the Terms of Use, your Funseekers membership or your access to the Website at any time without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.
Copyright 2008 Funseekers Australia Pty Ltd.
All rights reserved
Terms of Use last updated on 23 June 2008
