WomanGoingPlaces Terms and Conditions User Agreement
You must be at least the minimum legal age required to form a binding contract in the jurisdiction in which you reside to use the Website in accordance with clause 3.1. In many jurisdictions that age is 18 years of age. If you are under the minimum legal age to form a binding contract in the jurisdiction in which you reside, you may only use the Website in accordance with clause 3.1 in conjunction with, and under the supervision of, your parent or guardian who has agreed to be bound by this Agreement. You must not register or access the Website if you are under 13 years of age.
(b) Content means the information and other content accessible by you on the Website excluding any information or other content accessible to you from a Third Party Website;
(c) Contributions means information including data, text, video, still images, audio or other material that WomanGoingPlaces has permitted you to host, share, publish, post, store or upload on the Website as Content.
(d) Non-excludable condition is defined in clause 10;
(e) Other User Contributions mean information including data, text, video, still images, audio or other material that WomanGoingPlaces has permitted users other than you to host, share, publish, post, store or upload on the Website as Content.
(f) WomanGoingPlaces means WomanGoingPlaces [Teecome Pty Ltd ABN 19194597205];
(g) Third Party Website means a website controlled by a person other than WomanGoingPlaces and which is linked to the Website; and
(h) Website means the WomanGoingPlaces website accessible via the URL www.womangoingplaces.com.au
WomanGoingPlaces grants you a non-exclusive and non-transferable right to access the Website and, subject to the terms of this Agreement, to view, retrieve and display the Content and make Contributions.
3. Permitted use
1. You may:
(a) access the Website in order to view, retrieve and display the Content;
(b) make Contributions;
(c) electronically save parts of the Content; and
(d) print out single copies of parts of the Content.
4. Prohibited use
1. You must not, at any time:
(a) publish, communicate or adapt any of the information or Content accessible on the Website;
(b) make copies in any form of all or parts of the Content other than as reasonably required for your personal non-commercial use;
(c) make Contributions that include commercial or advertising material;
(d) alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
(e) adapt, translate, reverse engineer, dissemble or decompile the Website or any part of the Website;
(f) directly or indirectly, introduce or permit the introduction of, any virus, worm, Trojan or other malicious code or item of a destructive nature in or on the Website, or in any manner whatsoever corrupt, degrade or disrupt the Website;
(g) remove any copyright, trademark, electronic rights management information or other proprietary rights notices contained in or on the Website;
(h) use any robot, spider, site search/retrieval application, offline reader, or other device to retrieve or index any part of the Website;
(i) collect any information about other users or members (including usernames and/or email addresses) for any purpose other than the purposes of the Website;
(j) reformat or frame any part of the web pages that are part of the Website;
(k) create user accounts by automated means or under false or fraudulent pretences;
(l) create or transmit unwanted electronic communications such as ‘spam’ to other users of the Website or otherwise interfere with other user’s enjoyment of the Website;
(m) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which is deemed threatening or obscene;
(n) take any action that imposes, or may impose in WomanGoingPlaces’ sole discretion, an unreasonable or disproportionately large load on its IT infrastructure;
(o) use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
(p) collect or store personal data about other users in connection with the prohibited activities described in this paragraph 4.
2. Notwithstanding clause 4.1, WomanGoingPlaces permits public search engines to use spiders or other search and retrieval applications to copy materials from the Website for the sole purpose of creating publicly available search indices of the materials, but not caches or archives of materials from the Website.
1. WomanGoingPlaces may permit you to make Contributions. Contributions that you make must be solely for personal, non-commercial purposes. You retain sole responsibility and accept all liability for your Contributions. WomanGoingPlaces disclaims any and all liability in connection with Contributions. WomanGoingPlaces does not in any way endorse the information in Contributions including any opinion, recommendation or advice expressed. WomanGoingPlaces is under no obligation to treat your Contributions as confidential information.
2. WomanGoingPlaces may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, WomanGoingPlaces may remove or disable access to any or all your Contributions if it considers that:
(a) those Contributions are in breach of any law or regulation;
(b) those Contributions infringe the intellectual property rights of any third party;
(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
(d) those Contributions directly or indirectly involve the advertising or marketing of any products or services;
(e) those Contributions are:
(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of the Website;
(iii) likely to cause offence;
(iv) materially incorrect;
(vii) otherwise unlawful; or
(viii) corrupted, due to the presence of a virus or other disabling code.
3. You retain all of your ownership rights in your Contributions. WomanGoingPlaces is under no obligation to treat your Contributions as proprietary information. To the extent that any Contributions are proprietary in nature, you grant WomanGoingPlaces a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and perform your Contributions throughout the world in any media, whether currently in existence or not. You also grant each user of the Website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by WomanGoingPlaces and this Agreement.
4. You grant WomanGoingPlaces the right to use your registered name or the name you submit with the Contribution, and, the right to represent and warrant that:
(a) you own and control all of the rights to the Contributions; or
(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise WomanGoingPlaces to display the Contributions as Content.
5. For any Contributions that you may retain moral rights in, you declare that:
(a) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;
(b) you have no objection to the publication, use, modification, deletion and exploitation of the Contribution by WomanGoingPlaces;
(c) you waive and agree not to assert any entitlement to any and all moral rights of an author in any Contribution; and
(d) you release WomanGoingPlaces from any claims that you could assert against WomanGoingPlaces by virtue of any such moral rights.
6. You understand that when accessing the Website, you may be exposed to Other User Contributions. You acknowledge and agree that WomanGoingPlaces has no control of and is not responsible for Other User Contributions. You release WomanGoingPlaces from any claims that you could assert against WomanGoingPlaces relating to or in connection with Other User Contributions.
6. Intellectual property rights
You acknowledge and agree that all copyright and other intellectual property rights in the Content (other than Contributions made by you) are owned by or licensed to WomanGoingPlaces and that nothing in this Agreement conveys to you any right title or interest in the Content except for the rights expressly granted in clauses 2 and 3 and retained pursuant to clause 5.
7. User warranties
You warrant that:
(a) you will only use the Content as permitted under clause 3;
(b) the information you have supplied in the Registration Material is accurate in all respects;
(c) if any of that information changes you will promptly notify WomanGoingPlaces in writing of the changes at [email protected];
(d) your use of the Website will comply at all times with this Agreement and any directions published from time to time by WomanGoingPlaces on the Website;
(e) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise WomanGoingPlaces to display your Contributions as Content; and
(f) you will not make any Contributions that:
(i) infringe the intellectual property rights of any third party;
(ii) are misleading or deceptive;
(iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of the Website.
8. Changes to this Agreement
1. WomanGoingPlaces may change the terms of this Agreement as follows:
(a) if WomanGoingPlaces reasonably considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the terms of this Agreement as amended on the Website; or
(b) if WomanGoingPlaces reasonably considers that the change is likely to have a significant detrimental impact on you, it will make the change 30 days after it has notified you of the change by displaying a notice on the homepage of the Website.
2. If you do not accept a change made by WomanGoingPlaces to the terms of this Agreement, your only remedy (except as set out elsewhere in this Agreement) is to immediately:
(a) cease accessing the Website; and
(b) terminate your registration by notifying WomanGoingPlaces in writing. Click here [email protected] for contact information.
9. Third Party Websites
You acknowledge that you may be able to access Third Party Websites from the Website. You agree with WomanGoingPlaces that:
(a) WomanGoingPlaces makes no representations, and has no liability, to you arising from or in connection with any use of any Third Party Website or any information or other content accessible to you from any Third Party Website; and
(b) your access to and use of any Third Party Website and information and other content available on it may be governed by terms imposed by the operator of the Third Party Website.
1. You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided the link does not:
(a) portray WomanGoingPlaces or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner; and
(b) link to a site that contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable including pornographic, hateful, racially or ethnically offensive material.
2. This limited right may be revoked at any time.
3. You may not use a WomanGoingPlaces logo or other proprietary graphic of WomanGoingPlaces to link to the Site without the express written permission of WomanGoingPlaces.
11. Exclusion of implied terms, conditions and warranties
To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on WomanGoingPlaces are excluded under this agreement. If a supply under this agreement is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in this agreement excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits WomanGoingPlaces to limit its liability, then WomanGoingPlaces’ liability shall be limited to:
(a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
To the extent permitted by applicable legislation, you agree to indemnify WomanGoingPlaces against all liability to any person arising out of, or in connection with your use and access to the Website or Contributions to the Content not in accordance with these terms.
13. No availability or functionality guarantee
Other than Non-excludable Conditions, WomanGoingPlaces does not make any promises about the availability or functionality of the Website. To the maximum extent permitted by applicable legislation, WomanGoingPlaces excludes all liability to you, whether in contract, tort (including negligence) or otherwise:
(a) arising from any unavailability, or failure in the functionality, of the Website;
(b) arising from or in connection with any Third Party Website;
(c) arising from any circumstance beyond the reasonable control of WomanGoingPlaces; and
(d) for any loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with this Agreement or the Website.
14. Limited liability
To the extent permitted by applicable legislation, WomanGoingPlaces’ total aggregate liability to you in connection with the use of the Website or any Third Party Website and under or in connection with this Agreement will not exceed $1.00. WomanGoingPlaces may disclose personal information about you if it reasonably believes that doing so may mitigate its liability.
WomanGoingPlaces may terminate this Agreement immediately if you:
(a) breach any part of any of clauses 4, 5 and 7 or if you use the Content other than in accordance with the licence in clause 2; or
(b) breach any other part of the Agreement and do not remedy the breach within 14 days of written notice from WomanGoingPlaces notifying you of the breach.
You may not assign any of your rights under this Agreement without the prior written consent of WomanGoingPlaces. WomanGoingPlaces may assign its rights under this Agreement in its sole discretion without prior consent.
17. Entire agreement
(a) constitutes the entire agreement between the parties as to its subject matter; and
(b) supersedes all prior representations and agreements in connection with that subject matter.
A term or part of a term in this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the term of this Agreement continue in force.
WomanGoingPlaces does not waive a right, power or remedy under this Agreement if it fails to exercise or delays in exercising a right, power or remedy. A single or partial exercise of a right, power or remedy by WomanGoingPlaces does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy by WomanGoingPlaces must be in writing and signed on behalf of WomanGoingPlaces.
20. Governing law and jurisdiction
This Agreement is governed by the law applicable in Victoria, Australia, and you and WomanGoingPlaces irrevocably and unconditionally submit to the nonexclusive jurisdiction of the courts of Victoria, Australia.