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Fleurieu West Connect User and Visitor Terms of Service

Please carefully read through the Terms of Service set out below. These Terms & Conditions form an agreement between Fleurieu West Connect and you (the User or Visitor) and will apply whenever you access the Site. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of South Australia.

 

1.       Interpretation

1.1.    For the purposes of this document

1.2.    Site means Fleurieu West Connect (located at <//fleurieuwestconnect.com.au>, <//fwcsa.com.au>)

1.3.    Elovix means Elovix Pty Ltd.

1.4.    FWC is an acronym of 'Fleurieu West Connect', and has the same definition as Site

1.5.    Account means a Fleurieu West Connect user account/profile

1.6.    User means any person who has an active Account on the Site.

1.7.    Visitor means any person who accesses/uses/interacts with the Site who is not a User

1.8.    Banned User means a User Account with an access restriction currently active.

2.       Use of this Site

2.1.    FWC is owned and operated by Elovix Pty Ltd.

2.2.    All Users of this Site agree to be bound by these Terms of Service. Visitors of this Site agree to be bound to all terms not explicitly excluded in this document. Your use of and access to this Site indicates your acceptance of these Terms of Service, as they exist at the time of use.

2.3.    Users must explicitly agree to these Terms of Service to interact with the Site as a User.

2.4.    Visitors will be taken to have agreed to the Terms of Service by accessing the Site.

2.5.    We may amend, add or remove terms from these Terms of Service from time to time.  In the event of such change, we will notify you via your supplied primary email address as well as a notice posted to the Site. If you use the Site (other than to review the amended terms) after the notice is posted on the Site, you will be deemed to have accepted the new terms and conditions.   

2.6.    This Site operates within the jurisdiction of South Australia and as such is subject to both South Australian and Commonwealth statutes. While using the Site you agree you will comply with all relevant South Australian and Commonwealth law where applicable and will not use the Site in an unlawful manner.

2.7.    Upon serious or fundamental breach of these Terms of Service, Elovix may:

a.            Temporarily or permanently remove your ability to access some or all services of the Site;

b.           Temporarily or permanently bar your IP address from connecting to the Site or any other service that Elovix provides;

3.       Intellectual Property

3.1.    Unless explicitly marked, labelled or noted; all intellectual property rights in relation to content supplied on this Site are retained and reserved by the owners of that intellectual property. You obtain no interest in that intellectual property by accessing the site or becoming a User of the site. Intellectual property rights are protected by Australian laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights relating to this Site.

3.2.    Any and all content that Fleurieu West Connect publishes should be considered the intellectual property of Elovix unless the contrary is clearly and expressly represented within the intellectual property or in documentation specifically relating to it.

3.3.    You may download and view content or print a copy of material owned by Elovix on this Site for personal, non-commercial use provided you do not modify the content. All rights not expressly granted under these terms of use are reserved by Elovix. You must seek the permission of the intellectual property owner, before you may republish anything you find on the Site.

3.4.    The Site may display logos or trademarks. You are not granted any licence or right of use of any logo or trademark displayed on the Site, without the express written permission of the copyright holder/owner.

4.       Liability & Indemnity

4.1.    No rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) are excluded from your use of the Site which cannot be excluded, restricted or modified. 

4.2.    All rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law are excluded.  Subject to our obligations under Australian consumer law:

a.            All content which you access through this Site may be changed at our sole discretion and without notice.

b.           All content on FWC is provided to you on the condition that you accept responsibility for assessing its accuracy and rely on it at your own risk.

c.            FWC has no responsibility or liability in relation to any loss or damage that you incur, arising from your use of or access to this Site.

d.           You indemnify FWC and each of its directors & employees against any action, claim, loss or expense which arises from your use of this Site.

e.           FWC does not warrant that hyperlinks, will be uninterrupted or without error, that defects will be corrected or that the Site or its servers are free of viruses or bugs.

4.3.    This section (section 4) will survive the termination of this agreement.

5.       Third Party Content & Links

5.1.    This Site may include third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.

5.2.    This Site may include links to third party sites which are not related to FWC and in relation to which FWC has no control or interest. The appearance of those links on this site does not indicate any relationship between FWC and that third party or any endorsement by FWC of that third party, its site or the products or services which it is advertising on this Site.

6.       Contributions

6.1.    This section (section 6) does not apply to Visitors.

6.2.    When you submit content to FWC in any format, including any text, photographs, graphics, video or audio:

a.            It will remain your Intellectual Property;

b.           You grant FWC a limited, royalty-free, licence to publish, transmit or otherwise use that content on the Site and/or in printed/published materials, now and in the future in connection with the Site feature through which the content was submitted;

c.            The scope of use covered by the license you provide to Elovix will be defined as permitting all usage reasonably necessary for Elovix to display, disseminate and distribute the content.

d.           You will be attributed in all usage of the content, using the details you have provided to us, as the author/provider of that content; and

e.           You may permanently, partially, revoke the license provided to Elovix by removing the content from the Site.

f.             In the event of a license revocation, you will permanently revoke all permissions for further printing/publishing of the content in new materials.

g.            Elovix will retain a residual, limited license to maintain use of content in already printed/published materials.

6.3.    FWC reserves the right not to use the content you submit.

6.4.    You explicitly warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any applicable law.

6.5.    You indemnify Elovix against any and all legal fees, damages and other expenses that may be incurred as a result of a breach of the above warranty.

6.6.    You waive any moral rights in your contribution for the purposes of its submission to and use by Elovix in accordance with these terms.

7.       Right to terminate

7.1.    This section (section 7) does not apply to Visitors.

7.2.    You agree that this agreement between you (the User) and Elovix may be terminated, in the following circumstances:

a.            You (the User) remove your Account on the Site by using the “Account Deletion” tool provided in the User Control Panel

b.           At the discretion of Elovix in the following circumstances:

1.                You have breached the Terms of Service for this Site

2.                You repeatedly or severely violate the community rules explained in the House Policy

3.                You use the Site in an illegal or severely offensive manner.

4.                Where it is deemed necessary for the proper operation of the Site, or to protect the security or reputation of the Site

8.       Moderation and Content Control

8.1.    This section (section 8) does not apply to Visitors.

8.2.    As a User of the Site, you will have the ability to post content to the Site. If the content you submit breaches our House Policy, your Account may be subject to penalties as per the House Policy.

8.3.    Elovix reserves the right to monitor, moderate, remove, rename, edit and/or filter all content submitted to the Site by all Users of the Site if the content contravenes the House Policy.

9.       User Accounts

9.1.    This section (section 9) does not apply to Visitors.

9.2.    You agree that your User Account must only be used and be accessible by you and you will not share your Account’s password with anyone.

9.3.    You may only ever have 1 (one) User Account on the Site. Multiple account ownership will be considered a breach of the Terms of Service unless explicitly authorized in writing by Elovix.

9.4.    You may not access, enter or login to any User Account on this Site that is not your own.

9.5.    If your User Account is currently a Banned Account, you may not interact with the site as a User until that time has passed. Accessing or creating a User Account other than the Banned Account during this time will be considered a serious and fundamental breach of the Terms of Service of this Site.

10.   Security

10.1.Any attempt to contravene any security measures or authorization requirements put in place on the Site without proper authorization or just cause will be deemed as a breach of these Terms of Service and you will be liable in tort for the full amount of any loss suffered by Elovix.

11.   Entire agreement

11.1.This document contains the entire agreement between you (the User or Visitor) and Elovix.

11.2. No extrinsic material (unless specifically and expressly included into this agreement by reference within this document) will constitute additional terms of this agreement, or modify/contradict/remove any terms set out in this document.

Last updated: 4th June 2015