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Mudgeeraba Chamber
Of Commerce Terms of Use Agreement
Welcome to
Mudgeerabachamber.com. You must read and agree to these terms and
conditions before you may access or view our sites. Please read
them carefully. By visiting the Mudgeeraba Chamber website, you
are agreeing to its terms. This Agreement is subject to change at
any time, and changes are effective upon posting. Bookmark this
page and check it frequently as it is up to you to refer to this
page for any amendments/changes to the original
Agreement.
The http://www.mudgeerabachamber.com/
Web site ("Site") is made available by the Chamber of Commerce of
Mudgeeraba ("Chamber"). All content provided on or through this
Site may be used only under the Terms and Conditions stated
below
USE OF THIS
WEB SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF
USE ESTABLISED BY THE CHAMBER
When you access
information provided on the Site, you acknowledge your agreement
to these Terms and Conditions. References to "you" or "your" refer
to you as an individual as well as in any representative capacity
you may have.
1.
SERVICES PROVIDED
The Site
provides information of importance to the business community. The
Chamber may, as a service to its members, allow third parties to
promote their services and/or products through the Site. The
provision of such products and services is governed by the terms
of use established by such third parties, and the Chamber assumes
no responsibility either directly or indirectly for the provision
of products or services by such third
parties.
1.1 Links to Third-Party
Websites
Links on this Site to third-party
websites are provided solely as a convenience to you. If you use
these links, you will leave this Site. Chamber has not reviewed
all of these third-party sites and does not control and is not
responsible for any of these sites or their content. Thus, chamber
does not endorse or make any representations about them, or any
information, software or other products or materials found there,
or any results that may be obtained from using them. If you decide
to access any of the third-party websites linked to this Site, you
do this entirely at your own risk.
1.2 Linking to this
Site
You may create links to this Site from other sites, but
only in accordance with the terms below.
Guidelines for Linking
to the mudgeerabachamber.com Websites
A site that links to the
Chamber's websites:
- May link to but not replicate The
Chamber's content
- Should not create a browser or
border environment around The Chamber's content
- Should not imply that The Chamber
is endorsing it or its products
- Should not misrepresent its
relationship with The Chamber
- Should not present false
information about The Chamber's products or services
- Should not use The Chamber's logo
without permission
2. PROPERTY RIGHTS ON THE SITE AND IN
USER-SUBMITTED DATA
2.1 Property Rights on the Site
(a) Subject to these Terms and Conditions the Chamber hereby
grants to you, the right to access and use the Site for your own
internal use. In your use of the Site you agree not to remove any
copyright or other notices contained therein. Except as expressly
authorized herein, you may not use, copy, reproduce, transmit,
translate, offer for sale, sell, display, perform, distribute,
publish, broadcast, circulate, modify, create derivative works of,
disseminate, or commercially exploit the Site without the written
consent of the Chamber. You also agree not to use the Site for any
unlawful purpose.
(b) The Site is the
property of the Chamber and is protected by applicable copyright,
patent, trademark or other intellectual property law. The Chamber
retains its title, ownership rights, and intellectual property
rights in and to the Site. You agree to abide by any copyright
notice or other restriction contained in any individual
information, software, or other material accessible through the
Site.
(c) In the event you
use the Site or the links included on the Site to gain access to a
World Wide Web site or Internet location or source of information,
services, software, or goods of any company, organization, or
person other than mudgeerabachamber.com, or to any other Internet
location, you acknowledge that such other sites or locations are
not under the control of the Chamber and agree that the Chamber
shall not be responsible for any of the information, services,
software, or goods or other links found at any such World Wide Web
site or Internet location or source of information, services,
software, or goods, or for your use of such information, services,
software, or goods.
(d) THE CHAMBER MAKES
NO EXPRESS REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SITE,
DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT), DISCLAIMS
RESPONSIBILITY FOR, AND ASSUMES NO LIABILITY REGARDING, ANY
INFORMATION, SERVICES, SOFTWARE, OR GOODS AVAILABLE, ADVERTISED,
SOLD, OR FOUND ON ANY OTHER WEB SITE NOT UNDER THE CHAMBER'S
CONTROL (INCLUDING, WITHOUT LIMITATION, WEB SITES LINKED TO THE
SITE) OR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
QUALITY, SAFETY, ACCURACY, AVAILABILITY, DECENCY, OR SUITABILITY
OF SUCH INFORMATION, SERVICES, SOFTWARE, OR GOODS.
(e) Transmission or
use of any material in violation of these Terms and Conditions -
or any applicable law, rule or regulation (whether of Australia or
other countries) - or the rights of any third party is prohibited.
This includes, but is not limited to, copyrighted material,
material which is defamatory, threatening, obscene, lewd and
indecent, material protected by trademark, trade secret, or patent
laws, or material that results in an invasion of privacy.
2.2 Property Rights in User
Submitted Data
Data, information or other content uploaded
directly to, or provided to the Chamber to place on, the Site by
you ("User Submitted Data") shall be and remain your property (as
between you and the Chamber). All other information gathered or
provided by the Chamber (including, without limitation usage
information and analysis based on User Submitted Data) shall be
and remain the property of the Chamber ("Site Use Data"). The
Chamber will retain possession of, and make use of, copies of the
User Submitted Data and Site Use Data for the purpose of
performing the Services and otherwise meeting the Chamber's
obligations and responsibilities under the Agreement. Subject to
the confidentiality restrictions set forth in Paragraph 5 below,
the Chamber's use of the User Submitted Data and Site Use Data may
include the display, parsing, modification, reproduction, copying,
transmission, translation, performance, publication, broadcast,
preparation of derivative works or dissemination thereof,
internally by the Chamber, and to third parties with whom the
Chamber does business for advertisement, market research and other
commercial purposes. You grant to the Chamber all necessary rights
and releases required for the Chamber to perform the services and
the activities described on the Site.
3.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
3.1 THE SITE IS PROVIDED "AS IS."
NEITHER THE CHAMBER NOR ANY OF ITS LICENSORS OR SUPPLIERS MAKE ANY
WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND (INCLUDING,
WITHOUT LIMITATION, THAT ACCESS TO, OR USE OF, THE SITE WILL BE
UNINTERRUPTED, ABSOLUTELY SECURE, COMPLETE, ACCURATE OR ERROR
FREE). IN ADDITION, THE ACCURACY, COMPLETENESS OR TIMELINESS OF
THE INFORMATION ITSELF IS NOT WARRANTED OR GUARANTEED. YOUR USE OF
THE SERVICES AND THE INFORMATION ACCESSED ON OR THROUGH THE SITE
IS ENTIRELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO
EVALUATE ACCURACY AND COMPLETENESS AND THE CHAMBER AND ITS
LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NONINFRINGEMENT.
3.2 YOU UNDERSTAND THAT THE
CHAMBER DOES NOT GUARANTEE THAT IT WILL CONTINUE TO MAKE THE SITE
AVAILABLE TO YOU, WHETHER BY THE SAME METHODS CURRENTLY USED OR
OTHERWISE. THE CHAMBER MAY DISCONTINUE PROVIDING THE SITE TO YOU
AT ANY TIME. YOU AGREE NOT TO HOLD THE CHAMBER LIABLE FOR ANY
DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR
PART OF THE SITE.
3.3 TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (CONTRACT,
WARRANTY, TORT OR OTHERWISE) WILL THE CHAMBER OR ITS LICENSORS OR
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES INCURRED BY
YOU AND IN ANY WAY ARISING OUT OF OR RELATED IN ANY WAY TO THESE
TERMS AND CONDITIONS (INCLUDING, WITHOUT LIMITATION, YOUR USE OF,
OR INABILITY TO USE, THE SITE OR ANY DAMAGES YOU MAY INCUR IN
CONNECTION WITH ANY DECISION MADE, ACTION, OR INACTION, TAKEN BY
YOU OR ANY OTHER PARTY, IN RELIANCE UPON THE INFORMATION OR FOR
THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, OR
FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY
PART OF THE INFORMATION OR SERVICES), EVEN IF ADVISED OF SUCH
DAMAGES. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, THE
CHAMBER SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE
TRANSMISSION, THROUGH THE SITE OF A COMPUTER VIRUS, OR OTHER
COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS,
MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR
OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SITE OR ANY OF
YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
4. YOUR
INFORMATION
4.1 You hereby
represent and warrant that you are at least thirteen (18) years of
age; that any information you have provided to gain access to the
Site is true and accurate to the best of your knowledge; and that
you have read and agree to the terms of our Privacy Statement.
4.2 You shall not upload to
the Site any User Submitted Data which:
(i) violates or
infringes the rights of any persons, including without limitation
rights in copyrights, patents, trademarks or other intellectual
property rights;
(ii) is libelous,
defamatory, obscene, pornographic, abusive or otherwise violates
any law; or
(iii) contains
viruses, "worms", "trojan horses" or any other harmful properties,
or use the Services for, or to further, any illegal purposes. The
Chamber reserves the right, in its sole discretion, to edit or
delete any User Submitted Data uploaded to the Site in violation
of the foregoing.
5.
CONFIDENTIALITY
The Chamber agrees
to protect and maintain the confidentiality of User Submitted Data
in accordance with the policies, methods, and procedures set forth
in the privacy statements and security policies on the
Site.
6.
TERMINATION
If we believe you
have violated these Terms and Conditions, we may terminate your
access to the Site.
7.
INDEMNIFICATION
You agree to
indemnify and hold harmless the Chamber (and its directors,
officers, employees, control persons, suppliers, licensors and
agents) from and against any and all claims, losses, liabilities,
damages, costs and expenses (including reasonable attorney's fees
and costs) arising out of or related to: (a) your breach of your
agreements, representations and warranties contained in these
Terms and Conditions; (b) your use of the Site (i) in violation of
these Terms and Conditions, (ii) in violation of any rights of the
Chamber or any third-party information provider, including
copyright, patent, trade secret, trademark, or other intellectual
property rights and publicity and privacy rights, or (iii) in
violation of any applicable law, rule or regulation; or (iv)
information or materials you upload or post to the
Site.
8.
COMPLIANCE WITH LAWS
You will
comply with all applicable laws, rules and regulations in
connection with your participation in our programs and use of our
Web site, and will not engage in any act that has an adverse
impact on the performance or availability of our programs or our
Web site.
9.
GENERAL
9.1
Notices given by the Chamber to you will be given by e-mail, or by
a general posting on mudgeerabachamber.com, or by conventional
mail. In any matter requiring Chamber's prior consent, such
consent will be considered given only if made in the foregoing
manner by an authorized representative of the Chamber. Notices
given by you to the Chamber may be sent to
secretary@mudgeerabachamber.com or by conventional mail addressed
to the Mudgeeraba Chamber of Commerce.
9.2 Except as herein provided,
no waiver, modification or amendment of any provision of these
Terms and Conditions shall be effective against the Chamber unless
the same is in writing and signed by an authorized official of the
Chamber. The Chamber may modify these terms and conditions at any
time upon written notice or posting to the Site. You agree that if
you access and or use the Site after notification of changes in
these Terms and Conditions, you will be bound by all such changes.
9.4 The Chamber's failure to
insist at any time upon strict compliance with any term of these
Terms and Conditions, or any delay by the Chamber in enforcing
these Terms and Conditions, or a continued course of such conduct
on the Chamber's part shall at no time operate as a waiver of such
power or right, nor shall any single or partial exercise preclude
any other future exercise. If any provision of these Terms and
Conditions is declared invalid or otherwise unenforceable, the
enforceability of the remaining provisions shall be unimpaired,
and the parties shall replace the invalid or unenforceable
provision with a valid and enforceable provision that reflects the
original intentions of the parties as nearly as possible in
accordance with applicable law. These Terms and Conditions will be
governed by and construed and enforced in accordance with the
substantive law of the State. The parties consent to a venue in
the State of Queensland, and to its jurisdiction for all
litigation which may be brought with respect to the terms of, and
the transactions and relationships contemplated by, these Terms
and Conditions.
BY CONTINUING TO USE MUDGEERABACHAMBER.COM YOU AGREE TO
ABIDE BY THESE TERMS AND CONDITIONS.
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