Terms and Conditions of Registration
www.placesforme.info (the “Site”), owned and operated by Hassell Pty Ltd (“the Operator”), is a forum through which you can share your opinions and ideas for places in Perth, Western Australia. The Site and the material contained on it are supplied solely for reference purposes. As a registered user (“User”) of this Site, your use of it is subject to the following terms and conditions of use detailed below (the “Terms”). You must comply with the Terms when accessing and using the Site. We recommend that you carefully read the Terms before you use the Site.
Intellectual Property Rights
- Intellectual property rights in the content on the Site (“Site Content”) and in the Site itself (as a compilation of information) is owned by the Operator.
- You hereby assign to the Operator all Intellectual Property Rights in content submitted by you for publication on the Site (“Published Submissions”).
- You agree that the Operator is freely entitled to use, reproduce, modify, adapt, publish, disseminate and profit from your Published Submissions and to grant to others any such right.
- You must not use, reproduce, communicate, publish, or distribute any of the Site Content. In particular, you must not reproduce or use any of the publications on the Site for commercial purposes or for commercial gain.
Minimum Age
- You warrant to the Operator that you are not less than 18 years of age.
Usage Rules
- You warrant to us that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms.
- You must not:
- data mine or conduct automated searches on the Site or the Site Content, whether through the use of additional software or otherwise;
- incorporate any of the Site Content with any other material;
- create HTTP links from the Site to any other website on the Internet, or frame or mirror the Site;
- use the Site for any activities, or transmit to or via the Site any information or material which:
- breaches any law or regulation;
- breaches the Terms;
- infringes a third party’s rights (including Intellectual Property rights and rights of privacy) or misuses another person’s confidential information;
- is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, racist, harasses any person or otherwise inhibits others from using or enjoying the Site (including any discussion forum connected to the Site);
- is false or misleading;
- is an unsolicited commercial electronic message;
- impersonates another person (for example, by pretending to be someone else when you make an enquiry or register as a User) or uses another User’s account without permission; or
- identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person’s authority;
- make unauthorised modifications to the content on the Site;
- knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the Site; or
- attempt to do, or permit another person to do, any of the above acts.
Our Right to Alter or Withdraw Your Material
- We may remove or alter any Published Submission if:
- we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies that we may publish from time to time concerning use of the Site), any law or third party rights; or
- we are instructed to do so by any third party on grounds the Operator considers to be reasonable;
- We also reserve the right to alter, remove or refuse your opinions and ideas. We will attempt to notify you if we remove or alter any Published Submission.
Feedback
- On the Site there is a User initiated feedback system where you may provide feedback regarding your experience using the Site. We own any feedback provided as part of this service and reserve the right to use such feedback on the Site. You must not use your feedback anywhere other than on the Site. You must not use any feedback in a way that is inconsistent with or in breach of the Terms or that may undermine the integrity of the Site or the feedback service.
Communications to You
- Any communications or notices we send you in relation to Published Submissions or use of the Site are not intended to endorse or guarantee the same. We do not endorse or approve any information provided to you by other Users of the Site and it is your responsibility to exercise caution when using the Site.
- You agree that we can send to you service related emails and such messages will not include a functional unsubscribe facility.
No Warranty
- the information on the Site is provided ‘as is’ and we do not warrant or represent that it is complete, current or free from errors or omissions.
- We accept Published Submissions in good faith. We do not make any warranty or representation concerning the places the subject of the Site. It is your responsibility to verify any information on the Site before relying on it.
Our Liability to You
- No terms, conditions, representations or undertakings that are not set out in this document shall be of any force or effect in relation to the contract between yourself and the Operator with respect to your use of the Site.
- Except to the extent to which such liability cannot be excluded by reason of the operation of an applicable law, you agree that we will not be held liable by you for, and will not be liable to compensate you by payment of damages or otherwise for, any loss, harm or damage whatsoever including loss of profit (“Loss”) suffered or incurred by you in connection, directly or indirectly, with your use of the Site and whether or not such Loss arises from any act or omission by us (“Excluded Liability”).
- Without limiting the generality of clause , our Excluded Liability includes:
- any Loss arising out of any transaction entered into by you with any other User of the Site or any other person or entity;
- any Loss connected with any dispute between you and any other User of the Site;
- any Loss caused by any failure in the maintenance or operation of the Site whether or not caused by any malfunction in equipment or software, internet access difficulties or delay or failure of transmission;
- any Loss caused by alteration, removal or restoration of any Published Submission or other Site Content and whether or not in accordance with our terms and policies.
- You release us from all claims, demands, actions and complaints in relation to any Loss that is an Excluded Liability.
Your Liability to Us
- You are liable to us for damages for breach of contract, negligence and/or defamation except to the extent that any loss has been caused by us.
- You agree to indemnify us against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms or the publication of your Published Submissions.
Termination, Suspension and Limitation of Your Access – Material Breach by You
- We may bar, suspend, terminate or limit your access to the Site at any time if you are in material breach of the Terms and:
- we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or
- the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the Site immediately).
- If you are in material breach of the Terms and we have barred, terminated, suspended, or your access has been limited, you must not circumvent this action by any means, including but not limited to placing Published Submissions under another account name or pseudonym. If we identify that this has taken place the Published Submission is liable to be immediately removed without further notice to you.
- We may suspend, terminate or limit your access to the Site with as much warning as we reasonably can, if:
- we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the Site;
- the law requires us to do so;
- we believe on reasonable grounds that providing access to the Site to you is illegal or may become illegal;
- there is an emergency; or
- we have received a serious complaint or multiple complaints regarding your registration or activity as a User.
Other Web Sites
- The Site may contain links to other websites which are not maintained or controlled by us or our related entities (“Third Party Sites”). Third party Sites are not part of the Site. These links are provided by us solely for your convenience.
- We make no representations or warranties whatsoever about any Third Party Site. We do not endorse, and accept no responsibility for, the content or use of any Third Party Site. If you link to any third party Site, you leave the Site and do so entirely at your own risk.
Access to the Site
- We do not represent or warrant that the Site Content complies with the laws of any country. If you access the Site, you do so at your own risk
No Warranty
- Availability of and access to the Site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that your access to the Site will be continuous, uninterrupted, timely, fault free, virus free or secure.
Privacy Policy
- Any personal information we collect is used for internal account administration only. We do not collect and will never ask for any private information, such as driver’s licence numbers, passport numbers, social security numbers or bank account numbers.
Changes to the Terms
- From time to time, we may need to change the Terms to reflect our changing business. We may also need to change the Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
- We may change the Terms (including any policy incorporated into the Terms) at any time by posting the changed Terms on the Site and by posting a notice to Users on our homepage stating that a change has occurred
Miscellaneous
- The Operator and Users of the Site are independent entities and no agency, partnership, joint venture or employment relationship is intended or created by the Terms.
- If any of the Terms are invalid, unenforceable or illegal, that Term will be struck out and the remaining Terms will remain in force
- If we do not act in relation to a particular breach by you of the Terms, this will not constitute a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of the Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
- The Terms (and your dealings with us) are subject to the laws of Western Australia.
- “We”, “us” and “our” means the Operator and, where the context requires, each of its directors, other officers, employees, agents, contractors and advisors.
- “Intellectual Property Rights” means all industrial and intellectual property rights of whatever nature throughout the world conferred under statute, common law or equity, whether existing now or at any time in the future, and includes rights in respect of or in connection with copyright, inventions (including patents), formulae, data bases, business processes and methods, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets and know how and similar industrial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.