We reserve the right to change the Terms at any time. We will then post a notice on the Site giving notice of that change for a period of 30 days. Any subsequent access to, or use of, the Site by you will constitute an acceptance by you of the changes to the revised Terms. If you choose not to accept the revised Terms, you may not access or use the Site.In these Terms, references to:
- our,we, us are references to Aurora Community Association; and
- you andyour are references to registered users.
To use and access the registered user area of the Site, you must:
- be at least 18 years of age or otherwise have the express permission of a registered user in your residence to use their account on their behalf; and
- you (or the registered user from whom you have received express permission in accordance with (b)) must complete the registration form.
When completing the registration form or otherwise providing any information in relation to registration, you agree to:
- provide information that is true, accurate, up to date and complete; and
- update or provide notice to us of any change to your registration information promptly.
We reserve the right to suspend, terminate, refuse registration or otherwise deny access to any user of the Site where the registration information submitted is not in accordance with (a) and (b) or where we have reasonable grounds to believe so.
Following successful registration you will be issued with a username and password. You must keep your password confidential and should not disclose it to any other person (except in relation to minors under your care and with your consent in accordance with 1.1(b)). You will be fully responsible for maintaining the confidentiality of your password. All acts and omissions of any person who accesses or uses the Site using your account, will be treated as if they were your own acts and omissions. We will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of a password, and You will indemnify us against all loss, damage, claims, costs or demands in this regard.
If you believe that your Username and Password have been compromised, lost or misplaced please contact us immediately by email email@example.com
Consent to electronic communications
By agreeing to these Terms, you are providing your consent to receive information electronically including without limitation information associated with your membership, local events, and promotional material from time to time from us.
Use of the Site
Compliance with policies
In accessing the Site and the services or materials provided by the Site, you must comply with any member conduct policies as published by us from time to time. It is your responsibility to check the Site regularly to keep up to date with these policies.
In using the Site you agree not to:
- upload, post, email, link to, or otherwise communicate or distribute any unsolicited or unauthorised advertising or promotional materials (including without limitation junk mail and spam mail) or engage in marketing or commercial promotion of products or services except in member areas that are designated for that purpose (e.g. classifieds or trading sections);
- impersonate or falsely claim to represent a person or organisation;
- act in a disruptive manner in a forum or real-time chat dialogue (including without limitation mass posting, flooding or intentionally posting off-topic comments in a forum);
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- upload, post, email, link to, or otherwise communicate or distribute (Communicate) any material or information that infringes any intellectual property rights (including without limitation any patent, trademark, trade secret, copyright) or other proprietary rights of any party;
- Communicate any material or information that is inappropriate, harmful, profane, defamatory, infringing, obscene, vulgar, indecent, unlawful, threatening, harassing, hateful, ethnically or racially insensitive, that is the personal information of another person without their express written consent, or otherwise use the Site in a manner which is unlawful or would infringe the rights of another person;
- Communicate any information, material or item which contains a virus, Trojan horse, malicious code, worm or other harmful or disruptive component;
- use a spoofing device, forge headers or otherwise try to manipulate identifiers or disguise the origin of any content;
- Communicate any material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including without limitation confidential or proprietary information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- interfere with or attempt to interfere with the normal operation of the Site (including without limitation activities aimed to restrict or disrupt the servers or networks providing the Site); or
- intentionally or unintentionally violate any applicable local, state, national or international law (including without limitation the Privacy Act 1988 and the Spam Act 2003).
Restrictions on use of materials and information
Ownership of Information
All material and information published by us or any of our third party providers on the Site (including without limitation images, logos, trademarks and text) is owned, licensed or controlled by us or the party that is identified as being the provider of the material and information.
You agree to respect all proprietary and intellectual property rights in the material and information that may subsist with us or any of our third party providers.
We own copyright to the Site. Material and Information from the Site may be printed and downloaded for personal viewing only. The information may not otherwise be reproduced and must not be distributed or communicated to any other person or used in any way without our express approval or as otherwise permitted by law. You may not modify, tamper or alter the Site or the information contained on it in any way unless such activity is performed in a members area designated for this purpose. You must comply with and observe any additional copyright notices or further restrictions as notified to you on the Site.
There are a number of registered trade marks, logos and symbols on the Site which are either owned by us or used with the permission of the trademark owners. You may not download, reproduce, transfer, publish, alter or use any such logos, symbols or trademarks for any purpose except for incidental reproduction in downloading your information in accordance with clause 3.2.
Links and third party content
We are not responsible for the content of any site owned by a third party that may be linked to the Site, whether such a link is provided by us or by a third party. These links are provided as a courtesy service and no judgement or warranty is made by us concerning the suitability, accuracy or timeliness of the content of any website that may be linked to the Site. By providing access to other websites, we are not recommending or endorsing any brand, products or services offered by the organisation sponsoring or owning the linked website.
We may at our absolute discretion terminate the registration account of any member who violates these Terms.
The Site contains (or may contain from time to time) interactive forums, discussion groups, bulletin boards, chat rooms and any other facilities for exchange of information with other users of the Site (Forums). In using and contributing material to Forums, you must comply with these Terms and any member conduct policies and directions published by us from time to time on the Site.
Moderation of Forums
Some Forums may be moderated however we are not responsible for the accuracy, completeness or suitability of any information provided by users of the Site.
Some material, Forums or other facilities may be provided or administered by another party and not by us (Third Party Material). We do not review or moderate Third Party Material, and we are not responsible for the accuracy, completeness, suitability or appropriateness of Third Party Material. The presence of Third Party Material does not constitute an endorsement by us of that material or its provider.
By uploading material to any Forum or otherwise submitting material by mail, email or through the Site (Submitted Material), you automatically grant (or warrant that the owner of such materials expressly grants) to us a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to all right, title and interests including all copyright in those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material including without limitation photographs, with Your usage of the Content and Services, may be used by us for purposes including (without limitation) promotions, marketing, and research and development of products and services.
Moral Rights in Submitted Material
To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for our benefit and that of our successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.
Removal of Submitted Material
We reserve the right to block or remove any communications or materials including Submitted Materials. Without limiting the foregoing we may remove material that we consider to be:
- abusive, defamatory, or obscene;
- fraudulent, deceptive, or misleading;
- not in accordance with our member conduct policies;
- in violation of a copyright, trademark or; other intellectual property right of another;
- in violation of any law or regulation; or
- offensive or otherwise unacceptable to us in its sole discretion.
- Complaints on Submitted Material
If you have a complaint regarding any material displayed in a Forum or otherwise communicated through the Site, our sole obligation will be to review any written complaint notified to us and if the complaint is upheld, to in our sole discretion, modify or remove the particular material, usually within 30 days of receiving notice of the complaint.
Limitation of liability
Our liability to you for any and all loss, damage, costs, expenses, claims, demands, actions and proceedings arising out of or in connection with the Site, whether arising under common law (including negligence) or under statute, will be limited to the following extent:
- Notwithstanding anything in this clause or in these Terms, we will not be liable for any direct or indirect lost profit or revenue, exemplary damages, loss of goodwill, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.
- Our liability to you for any proven loss or damage suffered by you relating to:
- death or personal injury or damage to any real property or chattels caused by an act or omission by us will be limited for an aggregate of all claims to AUD$10; and
- in respect to all other claims our liability to you for all other proven loss and damage is also limited for an aggregate of all claims to AUD$10.
Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Trade Practices Act 1974 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, our liability for a breach of such non excludable condition or warranty is limited, at our option, to:
- in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
In some instances, you may be asked to provide personal information via the Site to entities other than us. We are not in any way responsible for the information handling practices and privacy policies of those other entities, which are distinct from ours.
You agree to fully indemnify us in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
- any breach of clause 2 of these Terms by you;
- any breach of these Terms by you;
- your use of the Site; or
- without limiting the foregoing, any claim that your use of the Site or any Submitted Material communicated by you infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).
These Terms, the use of the Site and the provision of any facilities, services or Products through the Site will be governed by the laws of Victoria, Australia.
You agree and submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms and your use of the Site.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
This document embodies the entire understanding and agreement between the parties as to the subject matter of these Terms and supersedes all prior communications and agreements between the parties as to its subject matter. Each party agrees that unless expressly stated in these Terms, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms.
The failure of either party to insist upon a strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.
Each party will promptly execute all documents and do all things that the other party reasonably requires of it to give effect to the provisions of these Terms.