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These terms of use apply when using the GRLmobile.mobi WAP Portal, and repeated here for reference.
This website, and any information, text, graphics, fonts, icons, software (including HTML code), screen layouts, audio, video, photographs, software, advertisements and other materials contained within or made available through it ("Content") (this website and the Content together being the "Portal") is made available for use by Our customers only. If You are not one of Our customers, then We reserve the right to terminate Your use of the Portal. By using the Portal, You will be taken to have agreed to these Terms of Use. We reserve the right to amend these Terms of Use at any time without notice to You, so You should check these Terms of Use regularly to make sure You comply. These Terms of Use may be supplemented by specific terms and conditions applicable to third party products or services made available by Us through the Portal or forming part of the Portal. Your use of those products and services is also subject to Your compliance with those specific terms and conditions. Certain words having a special meaning in these Terms of Use are defined in the Glossary section below.
YOUR USE OF THE PORTAL
You must not do or attempt to do or permit anyone else to do any of the following when using the Portal:
- engage in any unlawful conduct; or
- harass or threaten any person or submit or distribute any abusive, defamatory, obscene, vulgar, or pornographic information or material of any kind; or
- submit or distribute any material of any kind which infringes the rights of any person (including but not limited to intellectual property rights and rights to confidentiality or privacy); or
- disrupt the operation or security of the Portal or any third party systems or networks accessible through the Portal; or
- submit or distribute any material of any kind which contains a ‘virus’or other malicious code.
DISCLAIMER
The Portal is provided to You on an 'as is' basis. All terms, conditions and warranties not expressly stated in these Terms of Use are excluded. Specifically, You agree that neither We nor any other person who has provided, or from whom We have obtained any Content, ("Providers") give any warranties regarding any part of the Portal, including but not limited to warranties regarding:
- the accuracy or completeness of the Portal or any part of it; or
- whether the use of the Portal or any part of it infringes any rights of any person(including but not limited to intellectual property rights and rights to confidentiality or privacy); or
- whether Your use of the Portal or any part of it will be uninterrupted or error-free; or
- whether the Portal or any part of it will be free of ‘viruses’ or any other malicious code.
You acknowledge and agree that information published on the Portal is intended to provide general information in summary form only, and that it is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Portal. To the maximum extent permitted by law, We and Our Providers exclude all liability for any loss or damage of any kind (whether direct, indirect, special or consequential or otherwise) arising from Your use of or reliance upon, or any lack of availability or interruption to Your use of, the Portal or any part of it (even if caused by Our negligence or the negligence of Our Providers). Notwithstanding the foregoing, if any legislation implies a condition or warranty into these Terms of Use in respect of goods or services supplied by Us which cannot lawfully be excluded, then that condition or warranty is included but to the extent permitted by law Our liability for any breach of that condition or warranty is limited to Us (at Our election) replacing, repairing or paying for the cost of replacing or repairing the goods supplied (in the case of a supply of goods) or resupplying or paying for the resupply of the services supplied (in the case of a supply of services). The liability of any third party for Your use of any third party website referred to below is also subject to that third party’s terms and conditions which apply to Your use of that website.
INTELLECTUAL PROPERTY RIGHTS
The trade mark “GRLmobile” and all associated logos, trade names and get-up are owned exclusively by Us and Our affiliated companies. Other trade marks and identifying marks appearing within the Portal are the property of the owners indicated. You may not use any trade mark, logo or trade name displayed within the Portal except where incidental to the printing of a copy of the Portal as permitted by these Terms of Use, or with the prior written permission of the relevant owner.
The Portal (including all Content) is protected by Australian and international intellectual property laws and is the property of Us, Our affiliated companies or Our Providers. You may only use and print copies of the Content in the form in which it is displayed for Your personal use, and must not modify, copy, reproduce, sell, frame, scrape, distribute to a third party or create derivative works from the Portal or any Content in any way except as expressly permitted within the Portal or with Our prior written permission, or remove any copyright or other proprietary notices. We reserve all rights in the Portal and the Content not expressly granted to You under these Terms of Use.
THIRD PARTY SITES
The Portal includes links to third party websites which are not related to Us, and which We have no interest in or control over. Those links are provided for Your convenience only and do not indicate any endorsement by Us of the third parties operating those websites, any information or materials contained within or the condition of those websites or any products, services or other materials made available or advertised through those websites. Your use of or reliance upon the information or materials contained in those websites is therefore at Your own risk, and to the maximum extent permitted by law, We exclude all liability for any loss or damage of any kind (whether direct, indirect, special or consequential or otherwise) arising from Your use of, or reliance upon those websites or such information or materials (even if caused by Our negligence). You must ensure that You comply with any laws or terms and conditions applicable to Your use of such websites or any products, services, information or other materials made available through such websites.
CONFIDENTIALITY AND SECURITY
We do not warrant that Your use of the Portal will be confidential. You acknowledge that information transmitted to or from You in connection with Your use of the Portal may be intercepted by third parties, and that such information may include information identifying You. If You gain access to any part of the Portal through use of an account or password, You must keep those details secure and confidential. You will be responsible for any use of the Portal occurring through the use of Your account or password details by a third party, even if without Your knowledge or consent. If You suspect that Your account or password details have been acquired by a third party, You must report that to Us immediately. To the maximum extent permitted by law, We exclude all liability for any loss or damage of any kind (whether direct, indirect, special or consequential or otherwise) arising from any failure by You to comply with these requirements or any third party intercepting any information transmitted to, or from, You in connection with Your use of the Portal (even if caused by Our negligence).
PRIVACY
Your use of the Portal is governed by those parts of Our Privacy Policy which apply to personal information that is sent to the Portal. To view Our Privacy Policy, please click here.
TERMINATION
We reserve the right to terminate Your use of the Portal immediately and without notice to You if You do not comply with these Terms of Use. All restrictions imposed on You, licences granted by You and all disclaimers, limitations and exclusions of liability and indemnities set out in the Terms of Use will continue in effect after any such termination.
INDEMNITY
You must indemnify and keep Us and Our Providers and Our affiliated companies indemnified from, and against, any and all actions, claims, losses, damages, costs, expenses and other liabilities of any kind arising from a breach by You of these Terms of Use, any reliance by You on any part of any Content, or Your access to, or use of, the Portal.
APPLICABLE LAW
You agree that Your use and access to the Portal is governed by the laws of Victoria, Australia notwithstanding that You may gain access to the Portal from another place. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria in connection with disputes arising as a result of Your use of the Portal. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms, which will continue in full force and effect.
GLOSSARY
In these Terms of Use:
- We, Us and Our refers to Aggregato Direct Pty Ltd ACN 141 627 152
- You and Your refers to the person who uses the Portal.
- Our affiliated companies refers to any related bodies corporate of Us from time to time.
Version: 100323 WAP Portal Terms of Use
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