Welcome to our Web site. By using our site, you are agreeing to comply with
and be bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use this site.
The term “1300FRIDGY” or “us” or “we” or “our” refers to 1300FRIDGY, the owner
of the Web site. The term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
You agree to take part of a 12 month agreement with 1300fridgy from the date
that the 1300fridgy service is launched.
Diversion charges to a land line only will be covered by 1300fridgy. Thus
needing you (the mechanic) to insure prompt service to the 1300Fridgy callers
e.g. diversion to a mobile, answering machine, etc…
2. Copyright
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the content on
the site is the copyrighted work of third parties.
3. Service Marks
"Webpanache.com.au" and others are our service marks or registered
service marks or trademarks. Other product and company names mentioned on our site
may be trademarks of their respective owners.
4. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the Site or
any Content and Materials retrieved there from; (b) use the Site or any
materials obtained from the Site to develop, of as a component of, any
information, storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and Materials from the Site in any
manner that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the Site available through
any timesharing system, service bureau, the Internet or any other technology
now existing or developed in the future; (g) remove, decompile, disassemble or
reverse engineer any Site software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for the purpose
of gathering information for or transmitting (1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited telephone calls or
facsimile transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any portion thereof, or
any software available on or through the Site, in violation of the export
control laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites sample and
actual forms, checklists, business documents and legal documents (collectively,
“Documents”). All Documents are provided on a non-exclusive license basis only
for your personal one-time use for non-commercial purposes, without any right
to re-license, sublicense, distribute, assign or transfer such license.
Documents are provided for a charge and without any representations or
warranties, express or implied, as to their suitability, legal effect,
completeness, current ness, accuracy, and/or appropriateness. THE DOCUMENTS ARE
PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY
PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The
Documents may be inappropriate for your particular circumstances. Furthermore,
state laws may require different or additional provisions to ensure the desired
result. You should consult with legal counsel to determine the appropriate
legal or business documents necessary for your particular transactions, as the
Documents are only samples and may not be applicable to a particular situation.
Some Documents are public domain forms or available from public records.
7. No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Site is not intended to
and does not constitute legal advice, recommendations, mediation or counseling
under any circumstance and no attorney-client relationship is formed. We do not
warrant or guarantee the accurateness, completeness, adequacy or currency of
the information contained in or linked to the Site. Your use of information on
the Site or materials linked to the Site is entirely at your own risk. We are
not a law firm and the Site is not a lawyer referral service.
8. Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to the Site
immediately upon request by us.
9. Advertisers
The Site may contain advertising and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted for inclusion on the Site is
accurate and complies with applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s
materials.
10a. Registration
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real name
and accurate information. Each registration is for your personal use only and
not on behalf of any other person or entity. We do not permit (a) any other
person using the registered sections under your name; or (b) access through a
single name being made available to multiple users on a network. You are
responsible for preventing such unauthorized use.
10b. Registration Information viewable to Competition Managers
To assist in tipping competition administration, the competition managers of
private tipping competitions are able to view your first name, last name and
email address. This allows them to identify you and directly contact you via
email during the course of the competition.
11. Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected. We do
not represent or warrant that the information available on or through the Site
will be correct, accurate, timely or otherwise reliable. We may make changes to
the features, functionality or content of the Site at any time. We reserve the
right in our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
12. Third Party Content
Third party content may appear on the Site or may be accessible via links from
the Site. We are not responsible for and assume no liability for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations or any other form of
content on the Site. You understand that the information and opinions in the
third party content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or
appropriate to such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses and traffic
information.
14. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product and
service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or use
of the Site and arising from: (i) your use of and access to the 1300FRIDGY
Website; (ii) your violation of any term of these Terms of User Agreement;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of your
creation(s) or submission(s) caused damage to a third party.
15. Non-transferable
Your right to use the Site is not transferable or assignable. Any password or
right given to you to obtain information or documents is not transferable or
assignable, unless were explicitly stated.
16. Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN
SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products obtainable there from, (b)
the unavailability or interruption of the Site or any features thereof, (c)
your use of the Site, (d) the content contained on the Site, or (e) any delay
or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED
$100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE
AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy. All remarks, suggestions, ideas,
graphics, or other information communicated by you to us (collectively, a
"Submission") will forever be our property. We will not be required
to treat any Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas) and will
not incur any liability as a result of any similarities that may appear in our
future products, services or operations. Without limitation, we will have
exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without compensation to you or
any other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not us, have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
19. Third-Party Services
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or
services. You understand that we do not operate or control the products or
services offered by Merchants. Merchants are responsible for all aspects of
order processing, fulfilment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. You agree that use
of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR
ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
21. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy Policy by clicking on this link.
22. Payments
You represent and warrant that if you are purchasing something from us or from
Merchants that (i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honoured by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including any
applicable taxes.
23. Securities Laws
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings), that are
forward-looking statements. These statements are based upon a number of
assumptions and estimates which are subject to significant uncertainties, many
of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends," "will" and similar expressions are intended to
identify forward-looking statements designed to fall within securities law safe
harbours for forward-looking statements. The Site and the information contained
herein does not constitute an offer or a solicitation of an offer for sale of
any securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
24. Links to other web sites
The Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites are
not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
25. Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following
information:
- An electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest;
- A description of the
copyrighted work that you claim has been infringed;
- A description of where the
material that you claim is infringing is located on the Site;
- Your address, telephone
number, and email address;
- A statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
- A statement by you, made
under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf. Our Copyright Agent for Notice of claims of
copyright infringement on the Site can be reached by directing an e-mail
to the Copyright Agent at info@1300fridgy.com.au
26. Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
27. Legal Compliance
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
28. Refund and Return Policy
Competition Managers are given 21 days to evaluate the product and service
without paying, and as a result, we do not offer refunds. Please note, however,
that the payment service on our site is by a third party web site, and we have
no responsibility or liability for that service. You may obtain any additional
information concerning our refund and return policy, including our mailing
address, by contacting us at info@1300fridgy.com.au
29. Miscellaneous
This Agreement shall be treated as though it were executed and performed in Australia, and
shall be governed by and construed in accordance with the laws of the
Australian government (without regard to conflict of law principles). Any cause
of action by you with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted within one (1) year
after the cause of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in Section 16 and Section 17. The
language in this Agreement shall be interpreted as to its fair meaning and not
strictly for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned by us in our sole
discretion to a third party in the event of an acquisition, sale or merger.
Should any part of this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision. Our rights under this Agreement shall survive any
termination of this Agreement.
30. Arbitration
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us to collect or
recover damages for, or obtain any injunction relating to, Site operations,
intellectual property, and our services, shall be settled solely by binding
arbitration in accordance with the commercial arbitration rules the state of
Victoria, Australia. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be conducted in Melbourne, Australia
and judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or us may seek any interim or preliminary
relief from a court of competent jurisdiction in the State of Victoria,
Australia necessary to protect the rights or property of you and us pending the
completion of arbitration.
|