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By accessing, browsing or making purchases using the My South West Web Site ('Web Site') you agree to these terms and conditions of use ('Terms of Use'). My South West may update or change this Web Site including these Terms of Use from time to time without prior notice. You should regularly check these Terms of Use. GENERAL TERMS 1. South West of Western Australia Focus Any FREE services available through our Web Site are only available to registered or "Not for Profit" organisations or individuals who reside or operate in the South West Region of Western Australia. These restricted services include but are not limited to:
2. Copyright The content on this Web Site is My South West's intellectual property and subject to copyright. If you believe that some of your work has been illegally copied onto the Web Site, please email portaladmin@mysouthwest.com.au with the location and time the content appeared and some proof of your ownership. 3. Links to Other Sites For your convenience and information, this Web Site may contain links to other sites. My South West makes no representation or warranty as to the accuracy, currency or any other aspect of the information on those linked sites. A link to another site should not be construed as an endorsement or recommendation by My South West of any information, goods or services on that other site. My South West has no control over such sites. You acknowledge and agree that My South West shall not be responsible:
4. Linking to This Web Site You may only link to this Web Site with the express written permission of My South West. Any links if allowed, must only link directly to this Web Site's homepage (and no other pages within the Web Site) unless otherwise agreed by My South West in writing. 5. Virus Warning The internet and the world wide web are unsecured public networks. You acknowledge and agree that (and will be responsible for any loss or damage caused by the following):
You agree to not use the Web Site to:
7. Submissions By posting or submitting content to this Web Site, you grant My South West and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, remove, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by My South West will not infringe or violate the rights of any third party. If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of My South West. None of the Submissions shall be subject to any obligation of confidence on the part of My South West, and My South West shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, My South West shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. No compensation will be paid with respect to the use of or dealing with any Submission. My South West is under no obligation to post or use any Submission. 8. Limits and Rules for Services You agree that My South West may establish limits and usage rules concerning use of any My South West service offered on the Web Site. My South West reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice. My South West may also terminate or suspend your access for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by My South West. 9. Contract Formation Nothing in this Web Site, including these Terms of Use, is to be construed as an offer to enter into a contract with My South West or a third party in relation to the provision of any goods and/or services. This Web Site and the goods and services displayed within it is an invitation to treat only and not an offer capable of acceptance. My South West and any third parties advertising their goods or services on this Web Site, reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product or service description posted on this Web Site, or an error in your order. There may be other reasons why My South West or a third party cannot fulfil you order. Therefore, your contract with My South West or the third party only comes into existence when My South West or the third party advises you that it has accepted your order.
My South West and third parties will endeavour to confirm your order within 1 business day. CLASSIFIEDS 10. Identity Verification We use many techniques to identify our users when they register on our site. However, because user verification on the internet is difficult, My South West cannot and does not confirm each user's purported identity. We have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on our site. 11. Listing and Selling You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site in accordance with all relevant laws. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Without limiting any other remedies, My South West may suspend or terminate your account if we suspect on a reasonable basis that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site. 12. Your Information "Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. 13. Restricted Activities Your Information (or any items listed) and your activities on the site must not:
You may not list any item on the Web Site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any law. 14. License You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. DIRECTORY 15. Listings You are solely responsible for Your Information in your listings, and we act as a passive conduit for your online distribution and publication of Your Information. Some Directory Listings and the information contained therein may have been externally sourced by us and are posted in the Directory in an unsolicited manner. If your business, Government Agency or community group is listed and you do not wish to remain on the Directory or do not accept these Terms of Use please notify us so that we may remove your Directory Listing. 16. Rejection, or Removal We reserve the right to reject, refuse or remove a Directory Listing at any time for any reason and without being obliged to provide any reasons to you. 17. Security Access Password If you wish to directly make changes to any information contained in your Directory Listing, you first need to obtain a security access password from us. You must keep secure the Security Access Password and ensure that only persons authorised by you have access to and use of the Security Access Password for the purpose only for which it was provided to you. 18. Promotions From time to time, we may undertake promotions and make special offers in relation to the Directory and this web site ('Promotions'). All Promotions are offered subject to their own terms and conditions and may be withdrawn or altered at our discretion. 19. Your Obligations You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. Information in your Directory Listing must comply with these Terms of Use and must:
In accessing and using your Directory Listing, you must not:
20. Our Reserved Rights In addition to our reserved rights to reject, refuse and remove your Directory Listing for any reason and at any time, we also reserve the rights to, at any and all times and without notice to you: monitor your Directory Listing to ensure that you are complying with these Terms of Use; and record the outcomes of our monitoring activities, without any obligation to disclose or report the outcomes of our monitoring activities to you. FEES AND CHARGES 21. No Charges One Directory listing is provided free of charge to registered or "Not for Profit" organisations or individuals who reside or operate in the South West Region of Western Australia. All other goods and services and aditional listings will attract a fee unless otherwise stated. 22. Introduction of Fees and Charges We reserve the right to charge and change charges for Directory listings and other services, from time to time with out notice. If you do not agree with the introduced or changed charges and fees, you are required to immediately notify us by email requesting removal of your product or service before the charges take effect. 23. Non Payment If you do not pay the invoiced charges for services or products within 30 days of such charges coming into effect or being due and payable, we reserve the right to remove immediately and without any further notice to your services, products or listing from My South West web site. PHOTOS & GALLERY 24. Posting By posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that:
By Posting a Picture, you are granting:
The licenses granted for a Picture will terminate at the time you completely remove such Picture from the My South West Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of any Picture. 25. Comments Comments posted on this web site that violate our standards are routinely removed without further comment. Additionally, My South West reserves the right to delete members accounts or limit their access to the My South West site for posting inappropriate items and information. You are required to abide by the following code of conduct in relation to any posting of information on this web site:
No profanity or obscenities of any kind, even disguised with *asterisks. No personal attacks on other soap box participants. (Personal attacks are defined as comments that reflect upon the person instead of their opinion.) Comments that are slanderous, defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing, or otherwise in violation of the law are not tolerated. No commercial advertising of any kind with any charge applied. Because of public nature of this web site, My South West cannot and does not guarantee the accuracy of any content posted by users. INFORMATION COLLECTION AND PRIVACY 26. Information Collection My South West collects information when you register with My South West web site, when you use My South West products or services, and when you visit the Web Site or the pages of certain My South West partners. My South West may combine information about you that we have with information we obtain from business partners or other companies. When you register we may ask for information such as your name, address, email address, birth date, gender, post code, occupation, industry, and personal interests. Once you register with My South West and sign in to our Web Site or services, you are not anonymous to us. My South West may collect information about your transactions with us and with some of our business partners, including information about your use of services that we offer. My South West automatically receives and records information on our server logs from your browser, including your IP address, My South West cookie information, and the page you request. My South West uses information for the following general purposes: to customize the advertising and content you see, fulfil your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. 27. Information Sharing and Disclosure My South West does not freely share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
My South West does not provide any personal information to the advertiser when you interact with or view a targeted advertisement. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the advertisement. My South West may set and access My South West cookies on your computer. 28. Privacy Pursuant to My South West's privacy policy, we may disclose to third parties certain information contained in your registration data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service. For more information, please see our full Privacy Policy. My South West will only use Your Information in accordance with our Privacy Policy. DISCLAIMER AND LIMITATION OF GENERAL LIABILITY 29. General Disclaimer My South West uses diligent efforts to maintain the Web Site, but My South West is not responsible for any defects or failures associated with this Web Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, My South West makes no guarantees as to this sites and information located worldwide throughout the Internet to which you may access as a result of the use of this Web Site, including as to:
30. Disclaimer of Warranties Please note the following important disclaimers of warranties: This Web Site is provided 'as is' and you use it at your sole risk. My South West expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limitation, My South West makes no warranty that this Web Site will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Web Site will be accurate or reliable, or that the quality of any products, services, information, or other material obtained through the Web Site will meet your expectations. Any material downloaded or otherwise obtained through the use of the Web Site is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 31. Disclaimer Regarding Merchants My South West's Web Site provides shopping services to help you locate and potentially purchase products from online and offline retailers. My South West does not, however, control these independent retailers and My South West does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by My South West you acknowledge and agree that My South West does not endorse any of the products or services ("Merchandise") linked to from or through this Web Site, nor has My South West taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through My South West or their own web sites. My South West expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties. 32. Liability
33. Indemnification You agree to fully indemnify and hold My South West harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) incurred by My South West, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with a breach by you of these Terms of Use, your use of this Web Site, or the infringement by you of any intellectual property or other right of any person or entity. MISCELLANEOUS 34. Modification of Terms of Use My South West reserves the right to change the Terms of Use, including but not limited to the charges associated with the use of the Web Site. You are responsible for regularly reviewing the Terms of Use and additional terms posted on the Web Site. Your continued use of the Web Site constitutes your agreement to the Terms of Use. 35. Waiver My South West's failure to exercise or enforce any one or more of its rights under these Terms of Use will not constitute a waiver of such rights unless such waiver is granted by My South West in writing. 36. Governing Law These Terms of Use will be governed and interpreted in accordance with the laws of Western Australia. In the event of a dispute out of or relating to these Terms of Use, or your use of or access to this Web Site, litigation must be brought in a State or Federal Court in Perth, Australia. By using this Web Site, you consent to the exclusive jurisdiction of those courts. 37. Averse Construction No provision of this agreement will be construed adversely against a party solely because that party was responsible for drafting that particular provision. 38. Relationship These Terms of Use do not create a relationship of employment, agency or partnership between the parties. 39. Interpretation In these Terms of Use, except where the context otherwise requires:
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