Terms of Use
Terms of Use for
www.askbarry.com.au1.Terms and Conditions
In these terms and conditions (Terms of Use), and means Southern Cross Media Australia Pty Ltd ACN 109 243 110 (SCM). Please read these Terms of Use carefully, as they apply to your use of our web site,
www.askbarry.com.au (together with any other SCM website, Website).By using the Website you agree to be bound by these Terms of Use.We may revise these Terms of Use from time to time by updating this posting.The revised terms will be effective when they are posted.
2.Additional Terms
In addition to these general Terms of Use, other terms may also govern certain of your uses of our Website.These include our general competition rules and any specific terms and conditions for individual competitions or promotions.Additionally, our privacy policy (Privacy Policy) sets out how we use personal information we collect from you. You should refer to our Privacy Policy, and to any specific terms and conditions that may be relevant to your use of our Website.
3. Intellectual property
The Website, including all information, text, material, graphics, software and advertisements on the Website (Content) is subject to copyright and other intellectual property rights.Unless indicated otherwise, SCM, our licensors or suppliers own all intellectual property in the Website and the Content.
4.Licence
(a) We grant you a limited, non-transferable, non-exclusive licence to access and use the Website and the Content solely for your personal, non-commercial purposes.
(b) You acknowledge that we (or our licensors) retain all right, title and interest in and to the Website and nothing you do on or in relation to the Website or the Content will transfer any of the intellectual property rights in the Website or the Content to you.
(c) You must not copy, republish, reprint or electronically reproduce the Website or the Content in whole or in part without prior written consent from us. If you wish to obtain such consent, please contact us
atbrief@theradio.com.au.
(d) You must not frame, upload to a third party, post, transmit or distribute any part of the Website or the Content except as expressly provided on the Website or with prior written consent from us.If you wish to obtain such consent, please contact us
atbrief@theradio.com.au.
5. Your representations and warranties
(a) You represent and warrant that you will not use the Website or the Content for any purpose that is unlawful, or in any manner which violates the rights of SCM or is prohibited by these Terms of Use.
(b) You represent and warrant that any content or material you submit to the Website will not contain defamatory material or breach any third party intellectual property rights.
6. Use of Website at your own risk
(a) Your use of the Website is at your own risk. While we endeavour to ensure the Website is accessible and functional, we do not guarantee that any Content will be uninterrupted or error-free or that the Website or server that operates the Website are free of viruses or other harmful components.
(b) While we endeavour to ensure that information on the Website is current and accurate, we do not make any warranties or representations about the currency or accuracy of any information on the Website.
(c) To the extent permitted by law, everything on the Website is provided to you as is' and as available' without warranty or condition of any kind (express or implied), including but not limited to, any implied warranties of merchantability or fitness for a particular purpose or non-infringement. We exclude all representations and warranties to the fullest extent permissible by law.
7. Communication Facilities
(a) The Website contains electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to us, real-time interaction between users and other electronic messaging and notice services (Communication Facilities).
It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
restrict or inhibit any other user from using or enjoying any forum;
post or transmit any unlawful, threatening, abusive, defamatory, obscene, pornographic or indecent information or material which encourages unlawful conduct;
post or transmit any material 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 intellectual property right, without first obtaining permission from the owner; or
post or transmit any material which contains a virus or other harmful component.
(b) We may from time to time monitor or review the contents of the Communication Facilities. We may edit, refuse to post or remove any material from the Communications Facilities that we determine (in our sole discretion) is objectionable, unlawful or in violation of these Terms of Use. However we have no obligation to monitor any Communication Facility or to edit, delete or refuse any contents.
(c) We are not responsible for any content or material posted in any Communication Facilities.
(d) We reserve 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 law.
8. User licence to SCM
(a) By placing any information or other material (Your Material) on the Website, you grant to us a perpetual, royalty-free, non-exclusive, worldwide licence to use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display Your Material, and to sublicense to any third parties the right to do the same.
(b) You waive in favour of us (or our licensees) all moral rights and any similar rights in any jurisdiction which you may have or acquire in respect of Your Material. At our request and expense, you agree to execute in favour of SCM such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
9.Advertisements and links
(a) The Website contains hyperlinks to websites operated by third parties. You use the links at your own risk. The inclusion of a link does not mean that we endorse the linked site. We have not reviewed all of the sites linked to the Website, and are not responsible for the content or accuracy of any third party website linked to the Website (including, without limitation, sites linked through advertisements).
(b) The Website also contains third party advertisements (Third Party Advertising) which may contain embedded hyperlinks or referral buttons to websites operated by third parties (Third Party Advertisers). We do not recommend or endorse any Third Party Advertising, and are not responsible for any transactions you may enter into with Third Party Advertisers.
10. Disclaimer and limitation of liability
(a) To the maximum extent permitted by law:
(i)We have no liability to you, whether for breach of these Terms of Use, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these Terms of Use, the Website or the Content;
(ii) We will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity resulting from your access to, or use of, or inability to use the Website or the Content, whether or not we know of the possibility of such damage;
(iii)our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
in the case of goods: A) the replacement of the goods or the supply of equivalent goods; B) the repair of such goods; C) the payment of the cost of replacing the goods or acquiring equivalent goods; or D) the payment of the cost of having the goods repaired; and
in the case of services: A) the supply of the services again; or B) the payment of the cost of having services supplied again.
(b) Subject to our obligations under any implied conditions and warranties referred to in paragraph (a)(iii), our maximum aggregate liability for all claims under or relating to these Terms of Use or their subject matter is limited to A$100.Any amounts paid, or the value of any goods or services repaired, replaced or supplied by us for a breach of the implied conditions and warranties (referred to in paragraph (a)(iii)) must be included in calculating the aggregate liability under this clause.
11.Variation of Website
We may, in our sole discretion, and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website without liability to you or any third party.
12. Privacy Policy
By using this Website you may give us personal information, in which you have certain rights. Our Privacy Policy (which is accessible from this Website) forms part of these Terms of Use. By accessing and using this Website, you consent to us using your personal information in accordance with the Privacy Policy.
13.Termination
These Terms of Use and your access to the Website may be terminated by us at any time without notice. In the event of termination, you will no longer be authorised to access the Website. All restrictions imposed on you, licenses granted by you and all our disclaimers and limitations of liability set out in the Terms of Use will survive termination of these Terms of use.
14.; General
(a) If any provision of these Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
(b) These Terms of Use are governed by the law of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of that state.
(c)These Terms of Use constitute the entire agreement between us and you in relation to the Website, and supersede all other communications or displays whether electronic, oral or written between us and you in relation to the Website.
(d) The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.
(e) We rely on your continued observance of these Terms of Use. If we suffer any loss or damage or incur any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify us for those losses, damages and costs.
