TERMS AND CONDITIONS OF USE ON WOWPERTH WEBSITE
THIS AGREEMENT is entered into between you and WowPerth at the time of you accessing www.wowperth.com.au (“Website”) and the terms and conditions of this Agreement (“Terms and Conditions”) governs your use of our Website. By entering into this Agreement, it is deemed that you accepted the Terms and Conditions of this Agreement in full which are stated hereunder. If you do not agree with these Terms and Conditions, you must promptly leave this Website.
1. MINIMUM AGE
You must be at least 18 years of age to use our Website. By using this Website you warrant and represent that you are at least 18 years of age.
3. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise expressly stated, WowPerth owns the intellectual property rights in the Website and material on the Website. Subject to the restrictions set out below or elsewhere you may browse and print pages from the Website for your own personal use but must not:-
3.1. republish material from this Website (including republication on another website);
3.2. sell, rent or sub-license material from the Website;
3.3. show any material from the Website in public;
3.4. reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
3.5. edit or otherwise modify any material on the website; or
3.6. redistribute material from this website.
4. MANNER OF YOUR USE
4.1. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.2. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
4.3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without our express written consent.
4.4. You must not use this website to transmit or send unsolicited commercial communications.
4.5. You must not use this website for any purposes related to marketing without our express written consent.
We may modify these Terms and Conditions at any time. In the event that any modifications are made, they will be effective when they are posted on our Website. After the Terms and Conditions have been amended and posted on our Website, you agree to be bound by the amendment by continuing to use our Website.
6. RESTRICTED ACCESS
WowPerth reserves the right to restrict access to any areas of this Website at our discretion.
7. REGISTRATION WITH WOWPERTH
7.1. If you want to advertise your business on our Website, you must be registered with us.
7.2. By registering as a registered user,
a. you represent that you have capacity to enter into a legally binding agreement with us;
b. you warrant that the information provided at the time of registration is true and correct; and
c. you grant your express consent to us to send you direct communications to the email address you provide.
7.3. You must not use another user’s account without our express consent. lf we suspect or become aware of any unauthorised use of your account or that your password is no longer secure, we may suspend your account at our discretion.
8. USER CONTENT
8.1. In the event that you submit any content (“User Content”) to this Website for whatever purpose, it is deemed that you grant to WowPerth a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to WowPerth the right to sub-licence these rights and the right to bring an action for infringement of these rights.
8.2. In respect of the User Content, you warrant and represent that they are lawful and do not infringe any third party’s legal rights.
8.3. You shall not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
8.4. You acknowledge that WowPerth reserves the right to edit or remove any material submitted to this Website, or stored on WowPerth’s servers, or hosted or published upon this Website.
9. LINKS TO EXTERNAL SITES
You acknowledge that on the Website there may be links to other web sites and WowPerth does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any product or material on these other web sites. You also acknowledge that these sites are maintained by third parties and are not under the control of WowPerth. We are not responsible for the content of any linked site or any link contained in a linked site.
10. NO WARRANTIES
10.1. WowPerth makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
10.2. Without prejudice to the generality of the foregoing paragraph, WowPerth does not warrant that:-
a. This Website will be constantly available, or available at all; or
b. The information on this Website is complete, true, accurate or non-misleading.
10.3. Nothing on this Website constitute, or is meant to constitute, advice of any kind.
11. LIMITATIONS OF LIABILITY
WowPerth is not responsible for any contents of, or your use of, or otherwise in connection with, this Website:-
a. To the extent that the Website is provided free-of-charge, for any direct loss;
b. For any indirect, special or consequential loss; or
c. For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationship, loss of reputation or goodwill, or loss or corruption of information or date.
12.1. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
12.2. You acknowledge that WowPerth may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit our liability in respect of any:
13.1. death or personal injury caused by our negligence;
13.2. fraud or fraudulent misrepresentation on the part of WowPerth; or
13.3. matter which it would be illegal or unlawful for WowPerth to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
In the event of any part of this agreement becoming void or unenforceable then that part shall be severed from this agreement to the intent that all parts that shall not be or become void or unenforceable shall remain in full force and effect and be unaffected by any severance.
16. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Western Australia and any disputes relating to these Terms and Conditions will be subject to the jurisdiction of the courts of Western Australia.