TERMS AND CONDITIONS
(Updated 13 August 2016)
In these terms and conditions, “we” “us” and “our” refers to ifavr Pty Ltd (ACN 611822336) and the service we provide at ifavr.org, our related ifavr sites and ifavr applications, (“our Service”). Your contribution, access to and use of all information (“Content”) of our Service is provided subject to these terms and conditions.
We reserve the right to amend these terms and conditions at any time and your use of our Service following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that you review our terms and conditions periodically so that you are updated on any changes. Should you need to contact us, details are provided on the ifavr.org website.
- You may use our Services only if you are 14 years or older and not barred from using our Services under applicable law.
- You agree to ensure that your registration details, including your name and email address, are true and accurate at all times and you undertake to update your registration details from time to time when they change. If we become aware that you have supplied inaccurate or incomplete registration details, we may cancel your registration immediately and acceptance for registration in the future will be at our discretion.
- On registration, we provide you with a password. You agree to keep your password secret and accept full responsibility for all activities conducted under your membership (whether with or without your knowledge).
- We reserve the right to terminate your membership at any time if you breach these terms and conditions.
- You are responsible for all and any Content you contribute to our Service. When you provide Content you retain ownership of the intellectual property (IP) in that information; however, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display and distribute) the Content in any and all media including forms not yet developed. This licence ends when you cease your membership except for Content that has already been released as part of our Service.
- We reserve the right but will not have an obligation to remove or refuse to distribute any Content. We also reserve the right to adapt or modify or remove your Content at our sole discretion for any reason including for distribution purposes.
- By posting Content on our Service, you warrant that such Content does not infringe the rights of someone else and that it does not violate the law in any other way, such as by being defamatory, being of racist content or is threatening.
- As a member, you agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.
- To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.
Access to our Service
- Access to our Service does not include the right to use any data mining robots or other addition or extraction tools. Access also does not permit you to metatag or mirror or reverse engineer our Service without our prior written permission. We reserve the right to serve you with notice and take further action if we become aware of your metatag or mirroring or reverse engineering of our Service.
- Our Service may contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Service to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our websites without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our websites’ contents including any IP notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright to all content of our Service including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our Service does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”), which you provide to us through our Service, becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we take all due care in providing our Service, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty, which would otherwise be implied into these terms and conditions, is excluded.
- We also take all due care in ensuring that our Service is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of our Service, or any linked website.
- From time to time we may host third party content on our Service such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Service again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our Service.
- If ifavr Pty Ltd is acquired by another party, goes out of business or enters bankruptcy, Content and user information will be one of the assets that is transferred or acquired by a third party. You acknowledge that such a transfer may occur, and that any acquirer of ifavr Pty Ltd may continue to use the Content and your personal information as set forth in this Notice.
- These terms and conditions are to be governed by and construed in accordance with the laws of Queensland, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our Services. However we do not warrant and cannot ensure the security of any information that you may provide to us. Information you transmit to us when using our Service is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
(Updated 13 August 2016)
- Personal information about visitors to our sites is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Use of Information
Collecting information on Registered members
- As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, options on receiving notifications, updates and promotional material and other information. You may access this information at any time by logging in and going to your account.
- Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
- We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
- We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
- However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
- In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Collecting Information from Users
- IP Addresses
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
- Cookies and Applets
This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.
- Information posted within the applications
The purpose of the ifavr applications is to share information about what people like best and to discover what other people like best. The information is generally shared anonymously and results are aggregated, but users should be aware that other users may be able to derive their identify based on the specificity of the information shared.
- Geo-location while the application is in use
We encourage users to allow the application to determine their location while it is in use. The purpose is to provide an enhanced user experience by providing the user with information that is relevant to the location, but users should be aware that other users may be able to derive their identity based on location.
- Content shared outside of the applications
Access to Information
- We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
- In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Links to other sites
- We provide links to Web sites outside of our Service, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
Problems or questions
- For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site; http://www.privacy.gov.au/.