Terms & Conditions - 7 April 2012
- Randall Olgers, trading as iSeniority, Senior Living Online and It's Your Life Retirement Village Information (“we”, “our” and “us”), owns and operates websites at http://www.iseniority.com.au, http://www.seniorlivingonline.com.au and http://www.itsyourlife.com.au (each a “Website”), respectively, and provides a listing service (the “Service”) where we list and provide information about a range of accommodation, products and services for the elderly, frail and disabled (each a “Listing”) in a number of searchable directories (each a “Directory”) and on other pages on the Websites.
- “you” means any person or entity to whom or on whose behalf or at whose request we provide a Service.
- “your content” means any content of any description and in any format that you provide to us, authorize us to collect, approve or are asked to review in connection with a Service. Without limitation, it includes information, data, materials, text, graphics, photographs (digital or otherwise) and files of any description, however provided or obtained.
- All Services are provided subject to these Terms & Conditions, which set out the entire understanding and agreement between us.
- These Terms & Conditions may be updated or amended by us at any time without notice. They then apply, as updated or amended, to all Services that are subsequently provided, renewed or extended.
Content and Use
- You are solely responsible for your content and must ensure that it:
- is not false, inaccurate, misleading, deceptive, offensive, indecent, obscene, defamatory, vilifying or otherwise objectionable
- does not breach:
- the Trade Practices Act, any State Fair Trading Act or any equivalent legislation
- any specific retirement village, tenancy, manufactured home, health, residential care or similar legislation
- any other applicable law, including but not limited to any common law, statute, delegated legislation, rule or ordinance of the Commonwealth or any State or Territory
- does not breach or infringe any copyright, trade mark or obligation of confidentiality
- does not constitute an invasion of privacy
- does not bring us into disrepute or cause us any detriment
- does not disrupt, interrupt, impede, damage, overload or destroy any Website, Directory, Service or underlying database
- complies with our technical specifications.
- We reserve the right to make amendments to your content to correct typographical and grammatical errors, improve syntax and maintain standard formatting in your Listing(s).
- We retain absolute discretion regarding the content, layout and arrangement of your Listing(s).
- You must review your Listing(s) after they have been published on the Websites and must notify us of any changes that may be required to ensure that your content remains current, up to date and in compliance with clause 3a.
- You will only use the Services in a manner consistent with applicable law.
- If we have reasonable grounds to believe that you have not complied with your obligations under this clause 3, we may at any time immediately and without notice to you modify, suspend or remove the relevant Listings. Any such modification, suspension or removal will be in addition to any other rights and remedies that we may have against you under these Terms & Conditions or under the general law.
- You are responsible for keeping copies of your content in case of system and backup failures. We will not return your content after it is provided to us.
Presentation of Content
- We reserve the right to determine and modify, without notice, the way Listings are stored, accessed, sorted, selected and presented on the Websites and in the Directories from time to time. Without limitation, we have absolute discretion regarding:
- the format or template used to present Listings
- the information included in Listings, including the character limits of any database fields
- the inclusion, size and placement of images and logos
- the inclusion, description and placement of hyperlinks
- the criteria used to group Listings
- the criteria used to sort Listings
- the criteria used to search the Directories
- links between the Directories
- the selection of web page URLs.
- We reserve the right to:
- link search results and Listings to other Directories
- determine and modify the way advertisements are placed and presented on the Websites and in the Directories, search results and Listings from time to time.
Fees and Payments
- Our fees:
- are as set out on the Website or as we may otherwise advise in writing from time to time
- may be varied at any time without notice
- are inclusive of all taxes, duties and GST.
- Fee variations will not apply to Services that have already been provided, paid for or invoiced, but will apply to all Services that are subsequently provided, renewed or extended.
- Fees must be paid in advance when required, as set out in any renewal tax invoice or within 14 days after the date of invoice in all other cases.
- The full fee is payable even if we have exercised a right under these Terms & Conditions to modify, suspend or remove the relevant Listing(s) or if the relevant Listing(s) contains an error or omission, except where the error or omission is material and was our fault.
- If any fee is not paid by the due date, we may at any time immediately and without notice suspend or remove the relevant Listing(s). Any such suspension or removal will be in addition to any other rights and remedies that we may have against you under these Terms & Conditions or under the general law.
- We will provide tax invoices in a compliant form for GST purposes. Our ABN is 41527870448
Intellectual Property Rights
- All intellectual property rights in any content, information, data, materials, text, graphics, files, databases, spreadsheets, trade marks, business names, domain names, software, templates, algorithms, codes (including any source codes or object codes), functionalities, images, artistic and literary works, icons, buttons, screen formats, menus and data and file structures that form part of or are incorporated, featured or contained in or underlie the Website and Directories (other than your content) belong exclusively to us or parties from whom we license such rights.
- You will not in any way do, carry out or perform any act that compromises or infringes our intellectual property rights or those of any party from whom we license such rights.
- By providing us with your content you grant us a perpetual license to include your content in our Directories and use your content for the purpose for which it was provided.
Availability and Liability
- You understand and acknowledge that the availability of the Websites and the provision of the Services depends on a range of other service providers and technology and is subject to a range of possible interference including, without limitation, telecommunications interruptions and breakdowns, maintenance shutdowns, software and hardware malfunctions, computer hacking and computer viruses. The Services are therefore provided on an “as is, as available” basis.
- We make no representations and give no warranties that the Services will be provided uninterrupted or error free.
- All implied terms, conditions and warranties are excluded from these Terms & Conditions, except any term, condition or warranty that cannot by law be excluded (a “non-excludable term, condition or warranty”) such as a term, condition or warranty implied by the Trade Practices Act, any State Fair Trading Act or equivalent legislation.
- To the extent that liability for the breach of a non-excludable term, condition or warranty can be legally limited, our liability is limited, at our option, to the re-supply of the relevant Service or the payment of the cost of such re-supply.
- Subject to clauses 7c and 7d, you are solely responsible for any consequences that may result from your Listing(s) being available on our websites and we and our employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises, in connection with any Services, whether that liability arises in contract, tort (including by our negligence), under statute or otherwise.
- Our limitation of liability under these Terms & Conditions applies to direct, indirect, consequential, special, punitive, or other damages that you or others may suffer, as well as damages for loss of profit, loss of revenue, business interruption or loss of business opportunity.
- You at all times indemnify us and our employees, agents and contractors (the “indemnified”) against any costs, expenses, losses, damages and liability suffered or incurred by the indemnified arising from your breach of these Terms & Conditions and any negligent or unlawful act or omission on your part in connection with the Services.
- Notwithstanding anything to the contrary in these Terms & Conditions, we will not be responsible for or bound by anything on the Websites that is the result of computer hacking or other unlawful activity or has otherwise not been authorized by us.
Governing Law and Jurisdiction
- These Terms & Conditions are governed by and will be construed in accordance with the laws of New South Wales and you irrevocably submit to the exclusive jurisdiction of its courts.
- The provisions of these Terms & Conditions are severable and, if any provision is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.
- A failure by us to act with respect to a breach by you of these Terms & Conditions does not waive our right to subsequently act with respect to that or subsequent or similar breaches.
- Any notice required to be given under these Terms & Conditions will be deemed to have been duly given:
- if sent by normal post addressed to your last known street address or mailing address - on the second business day following the day it is posted to that address
- if sent by fax to your last known fax number before 4pm Sydney time - when it is faxed to that number
- if sent by fax to your last known fax number after 4pm Sydney time - on the business day following the day it is faxed to that number.