Terms of Use
Introduction
https://www.mawsonclub.com.au is owned and operated by
The Mawson Club, and is here in referred to as 'the project' and/or
'the web site' and/or 'the site'. Access to the web site is subject to the
user's acceptance and agreement with the terms, conditions, notices and
disclaimers contained herein. Use of, and/or access to, the web site
constitutes agreement to the Terms of Use. The Project owner reserves the
right to amend the Terms of Use at any time. Since users are bound by the
Terms of Use, they should periodically refer to them in this document and
elsewhere on the web site.
Privacy Policy
The The Mawson Club Team warrants that all personal information submitted by
visitors to the web site will remain the confidential property of the site
owners and will not be intentionally sold or given to any third party under
any circumstances.
Restrictions on use of content and intellectual property the web
site
All materials, text, graphics, information, software and
advertisements on the web site is Copyright © 2008 The Project, the authors
and managers and partners and/or licensors unless expressly indicated
otherwise on the web site. The content is protected by International and
Australian trademark and copyright laws. The contents of the web site is
published in real-time, must not be copied, reproduced, modified,
republished, uploaded to a third party, transmitted, posted or distributed
in any way, electronically or otherwise, without the express authorisation
of The Project, except where authorised on the web site, or is expressly
authorised in writing by The Project or its authorized partners or members.
Strictly on the condition that users keep all content intact and in the
same form as presented on the web site (including without limitation all
copyright, trademark and other proprietary notices and all advertisements),
users may: a) using an industry-standard Web browser, download and view the
content for personal, non-commercial use, or b) Internet service and/or
access providers, may supply the content to subscribers. The web site must
not be used in any manner or for any purpose, which is unlawful, or in any
manner which violates any right of The Project or a partner or member or
which is prohibited by the Terms of Use.
Public use of the web site
The Project web site contains facilities by which members
of the community, businesses and other organisations can provide
information, offers, notices and other information to other users. It is a
condition of use of any such facility that none of the following occurs:
restrict or inhibit any other user from using or enjoying any public
communication facility; post or transmit any unlawful, threatening,
abusive, defamatory, obscene, vulgar, pornographic, profane or indecent
information or material of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate any
applicable law; post or transmit any material of any kind which violates or
infringes upon the rights of any other person, including material which is
an invasion of any privacy or publicity rights or which is protected by
copyright, trademark or any other proprietary right, or derivative works
with respect thereto, without first obtaining permission from the owner or
relevant right holder; post or transmit any material of any kind which
contains a virus or other harmful component; delete any author
attributions, legal notices or proprietary designations or labels in any
file that is uploaded; or download any file posted by any other user of a
public interface if the user knows, or reasonably ought to know, that the
file cannot legally be distributed in such manner. The Project will monitor
and review the contents of the web site. While it reserves its right to
edit, refuse to post or to remove any information and/or materials (in
whole or in part) that in the opinion of The Project is in any way
objectionable or in violation of any applicable law or the Terms of Use,
The Project has no obligation whatsoever to monitor any content submitted
by the public or to edit, delete or refuse to post such contents, nor is
The Project responsible for any contents in any content (including any
information, comments and/or advice of any individual whose statements on
the web site are solely their own). The user expressly acknowledges and
agrees that the web site provides a means of public and not private
communications. The Project reserves the right to co-operate fully with any
law enforcement authority in any jurisdiction in respect of any lawful
direction or request to disclose the identity or other information in
respect of anyone posting any materials which violate any applicable or
relevant law.
User licence to The Project
By posting any information or other material on the web site (including
posting messages, uploading files, inputting data or engaging in any other
form of communication), the user grants to The Project a perpetual,
royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence
to do the following in respect of the information or material: 1. Use,
copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast,
publicly perform or display, and 2. Sublicense to any third parties the
unrestricted right to exercise any of the foregoing rights granted. The
foregoing grant includes the right to exploit all proprietary rights in any
such information or other material including but not limited to rights
under copyright, trademark, service mark or patent laws under any
jurisdiction worldwide. The user expressly waives in favour of The Project
and any other party authorised by The Project all moral rights and any
similar rights in any jurisdiction, which the user may have or hereafter
acquire in respect of any relevant communication or other material. At the
request of The Project, and expense of the user, the user will execute and
deliver to The Project such instruments and take such other actions as may
be required to carry out this grant of licence and waiver.
Advertising, links to third party websites and e-commerce offers
The web site contains hyperlinks and other pointers to
Internet websites operated by third parties. These linked websites are not
necessarily under the control of The Project, and The Project is not
responsible for the contents of any linked web site or any hyperlink
contained in a linked website. The Project provides these hyperlinks to
users as a convenience only, and the inclusion of any link does not imply
any endorsement of the linked website by The Project or its partners or
members. The user links to any such website entirely at their own risk. The
web site also contains third party advertisements (including banner ads
other advertising material) which contain embedded hyperlinks or which
include referral buttons to websites operated by third parties or their
licensees or contractors. All third party advertising (including referral
buttons and embedded hyperlinks) may or may not be paid for by the relevant
third party advertisers and are not recommendations or endorsements by The
Project or its partners or members or their respective directors or
employees. The user is referred to the relevant advertiser for all
information regarding the advertiser and its products and/or services. In
some instances, the advertisement will contain representations or offers by
the third party advertiser, which the user can accept by linking to the
advertiser's website and executing the relevant transaction. Such offers
are not necessarily made by The Project, and the third party advertiser is
solely responsible to the user for the delivery of any goods or services
the user purchases on the third party website. The product prices listed in
any associated web site are the responsibility of the relevant retailer and
are accurate at the time of upload. They are subject to change without
notice by the retailer. The Project is not liable for the prices or price
changes, including where price changes have not been reflected on the
associated sites. The use of associated sites is subject to The Project
terms of use.
Limitation of liability and Disclaimer
The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by The Project of goods or services on the web site which cannot be excluded, restricted or modified ("Non-excludable Rights"). The Project does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) The Project and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) The Project does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) The Project does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not The Project) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of The Project) will The Project or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledge and agrees that The Project does not exert control over users of the web site and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, The Projects' liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Project to the following: in the case of services supplied or offered by The Project, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by The Project, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by The Project, and The Project may terminate this agreement and users' access to the web site at any time without notice. In the event of termination, users are no longer authorised to access the web site, but all restrictions imposed on the user, licenses granted by the user and all The Project disclaimers and limitations of liability set out in the Terms of Use will survive.
Miscellaneous
The Project relies on the user's continued observance of these Terms of Use. If The Project suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then the user agrees to indemnify The Project for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws the Australian Capital Territory, Australia, where The Project is hosted. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.