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Access Agreement


This Access Agreement was last revised on 21 June 2011.


1. Acceptance of Terms
1.1 This Site is operated by OurPatch for your access and use, subject to your acceptance of the terms of this Access Agreement as amended from time to time.
1.2 By accessing or using any feature of the Site, you agree to the terms of this Access Agreement. If you do not agree to the terms of this Access Agreement, you must not access or use the Site.


2.  Definitions
In this Access Agreement:

“Content” means:

(a) any material provided to OurPatch through the Site; and
(b) any material displayed on the Site.

including information, comments, opinions, ideas, images, reviews, classifieds, advertisements, registration information and computer information.     

“OurPatch” means Regional Media Networks Pty Ltd ABN 73 127 723 755.
“Site” means the website located at www.ourpatch.com.au.
“User” means a Visitor who submits personal details and becomes a registered user of the Site.
“Visitor” means any person who accesses the Site, either manually or via an automated device or program.


3. Conditions of Use
3.1 To register as a User, you must be over the age of 18 and you must provide accurate personal information, including your full name and address and your email address.  OurPatch will deal with your personal information in accordance with its Privacy Policy.

3.2 Without limiting its rights, if OurPatch becomes aware of a breach of this Access Agreement by you, it may block you from further access to the Site without notice.
3.3 Any delay or failure of OurPatch to act on a breach of this Access Agreement does not waive OurPatch’s rights with respect to the breach or subsequent breaches. 

 

4. No Endorsement or Control of Content

4.1 OurPatch makes no representations or endorsements regarding the quality, accuracy, reliability, condition, safety or lawfulness of any Content on the Site including the availability or quality of any third party services or businesses, or of third party websites that may be accessed via hyperlink from the Site.
4.2 You acknowledge that:
(a) by using the Site or third party websites that you access via hyperlink from it, you may be exposed to content that is inaccurate, misleading, unsafe, unlawful or otherwise objectionable;
(b) OurPatch does not routinely review or control the quality, accuracy, reliability, condition, safety or lawfulness of Content on the Site or of third party websites that may be accessed via hyperlink from it;
(c) Content provided by a User of the Site is the sole responsibility of that User; and
(d) you use Content at your own risk.


5.
Acceptable and Lawful Use of Site

5.1 Content provided by you must not:
(a) be false, inaccurate, deceptive, or misleading;
(b) be obscene or indecent;
(c) contain any viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to or may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(d) infringe any third party’s intellectual property rights, including copyright, patents, designs and trade marks and third party rights in respect of confidentiality or publicity;
(e) be defamatory,  unlawfully threatening or unlawfully harassing, or harm minors in any way;
(f) be invasive of another person’s privacy; or
(g) violate any applicable laws.
5.2 Without limiting clause 5.1, reviews posted by you must:
(a) be based upon actual personal experiences of yours with the businesses being reviewed; and
(b) not be a review of your business or of a business with which you are associated or by whom you are employed or engaged.
5.3 You must:
(a) not use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any third party without his/her prior written consent;
(b) not disclose your logins or passwords for use of the Site to any other person;
(c) immediately notify OurPatch in writing of any unauthorised use of your Site account;
(d) agree to the terms of our Privacy Policy; 
(e) not use any device, software or routine to interfere with the proper working of the Site and must not use any method to intercept or expropriate any system data or information from the Site without the prior written consent of OurPatch;
(f) not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including unsolicited email (i.e. "Spam"); and
(g)  not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the Content.

5.4
5.4.1 OurPatch reserves the right to report any wrongdoing of which it becomes aware to government agencies.
5.4.2 You may report any wrongdoing related to the Site of which you become aware to info@ourpatch.com.au.


6. Licence 


You grant OurPatch a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to the intellectual property, including but not limited to copyright, in Content posted on the Site by you. 


7. Intellectual Property


7.1 All pages within the Site are the property of OurPatch. No portion of the Site or Content may be copied (other than as a temporary copy in your computer’s cache) reprinted, republished, modified or distributed in any form.
7.2 All trade marks or logos used on the Site are the trade marks or logos of their respective owners. Nothing in this Access Agreement confers any right of ownership or licence in respect of any of the trade marks or logos on you.


8. Limitation of Liability


8.1 OurPatch provides the Site without any warranty or condition. You assume total responsibility and risk for use of the Site, the Content on it, use of any businesses or services referred to on the Site, and use of hyperlinked websites.
8.2 OurPatch periodically schedules system downtime for maintenance and other purposes. Unplanned system outages and delays or errors also may occur. OurPatch excludes liability for any unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or for delay, misdelivery or nondelivery of information.
8.3 You acknowledge and agree that the download and upload of any material through the Site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material.
8.4 In no event whatsoever will OurPatch, its parent company, shareholders, subsidiaries, affiliates, officers, employees, agents or advisors be liable for any direct or indirect loss or for consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages.
8.5 OurPatch neither assumes, nor does it authorise any other person to assume on its behalf, any other liability in connection with the operation of the Site.


9. Indemnification

 


You indemnify OurPatch, its parent company, shareholders, subsidiaries, affiliates, officers, employees, agents and advisors from all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal expenses) resulting from your use of the Site, whether directly or through your agents.

 


10. Relationship


10.1 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Access Agreement. 
10.2 If there is a dispute between you and another User or Visitor or a third party, you acknowledge and agree that OurPatch is under no obligation to become involved and you release OurPatch, its parent company, shareholders, subsidiaries, affiliates, officers, employees, agents, advisors and successors in rights from claims, demands and damages arising out of or in any way related to such a dispute.


11. Governing law and jurisdiction


11.1 This Access Agreement is governed by and must be construed in accordance with the laws of New South Wales.
11.2 Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and all courts which have jurisdiction to hear appeals from those courts and waives any right to object to proceedings being brought in those courts for any reason.

 

12. Forums

12.1 The Website may contain communication facilities which provide for interaction between users and Our Patch, the Website and real-time interaction between users including by means of electronic bulletin boards, chat rooms, forums and other electronic messaging and notice services ("Communication Facilities"). It is a condition of your use of any Communication Facilities and your access to the Website that you do not do any of the following:

12.1.1 Restrict or inhibit any other user from using or enjoying any Communication Facility;

12.1.2 Post or transmit any unlawful, threatening, abusive, defamatory, discriminatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, prejudice a criminal trial, breach the law of contempt or otherwise violate any applicable law;

12.1.3 post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;

12.1.4 Post or transmit any material which impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;

12.1.5 Post or transmit any material of any kind which contains a virus or other harmful component;

12.1.6 Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising;

12.1.7 Post financial, legal, medical, health or other professional advice which may result in detriment to users;

12.1.8 Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or

12.1.9 Download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

12.2 Our Patch may from time to time monitor or review the contents of its Communication Facilities. While Our Patch reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Our Patch’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Our Patch has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Our Patch responsible for any contents in any Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

12.3 Our Patch reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

 

13. Cancel and you won't be charged again but you will not get a refund

13.1  Once you cancel you won't be charged again, but you will not be refunded for any money's for the committed period.  For example, if you booked three months and cancel after the first month, you will not be billed again but you will not be refunded the remaining two months.  In order to treat everyone equally, no exceptions will be made.
 

Published: Aug 10, 2007 7:27pm by hunter

Last updated: Jun 21, 2011 12:24pm

Tags: , , , ,

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