FORUM AND WEBSITE ACCESS TERMS AND CONDITIONS OF USE
PERSON SUBSCRIBING AS MEMBER TO THE SITE (You)
CN DOT COM PTY LTD ACN 152 360 284
of Level 1/346 Turbot Street Brisbane QLD 4000 (Host)
IT IS AGREED
By entering (by initially agreeing to be bound by this Agreement by clicking the relevant box and every future time You login as a Member), remaining in or participating in the Member's Site, or Forum, You agree to abide by and be bound by the following conditions.
This Agreement shall be interpreted in accordance with the Rules of Interpretation set out in clause 15 and capitalised letters shall have the meaning given to them in clause 15 unless the context otherwise requires.
ACCESS TO SITE
You acknowledge that the Members' Site and the Forum are intended for access, submission and provision of material for and by Members only and is not to be accessed or made available for the general public.
You agree that You will not assist or facilitate any other person, other than a Member to access the Member's Site or participate in the Forum and will use reasonable endeavours to keep Your password confidential.
To be eligible to become a Member You must be over 18, wish to access the site for a legitimate commercial purpose and be of sound mind.
YOUR USE OF SITE
Intellectual Property Rights
You agree not to post any material on the Forum or the Members' Site which may infringe upon the Intellectual Property Rights of another.
You warrant that You are authorised to post any and all information and content which you do post on the Members' Site and the posting of such information and content does not affect or infringe upon another's Intellectual Property Rights.
You acknowledge and agree that any material or information You post on the Members' Site or the Forum ("Your Information") immediately becomes information and as such, You agree that Your Information may be replicated or otherwise used by the Host or any Member.
You will use all reasonable endeavours to ensure that Your Information is accurate and not misleading.
If You become aware that any of Your Information is or has become inaccurate or misleading You will notify the Host of same (who is under no obligation to rectify the error).
You agree that Your Information will not defame or be likely to defame any other person.
You acknowledge that You are the publisher of Your Information on the Forum and that the Host is not a re-publisher of or responsible for this information.
You agree that Your Information will not contain:
harassing, hateful, threatening, violent, racist, vulgar or sexist content;
links to other websites, unless the link is topical; content which is invasive of others' privacy;
unsubstantiated gossip; commercial information or advertising material which is not in the nature of the discussion forum;
content which would breach the .com.au domain name rules; content of any other nature which the Host has indicated is unacceptable; or content which violates or is likely to violate any applicable laws.
Indemnity and release
You understand that You are solely responsible for the content of Your Information, and You agree to fully indemnify and hold harmless the Host for any costs (including legal costs on a solicitor and own client basis) or any liability incurred by the Host in connection with the publication of Your Information.
You assume all risks associated with accessing the Members' Site and the Forum including risks associated with being exposed to material posted by other Members which may be in breach of clauses 4.1 to 4.4 and You agree to release the Host from any liability with respect to the publication of such material on the
Members' Site or the Forum.
The information available on the Members' Site and the Forum is of a general nature and does not constitute advice of any kind.
The Host does not warrant the truth or accuracy of any content published on the Site, including the Members' Site and the Forum in any way and You discharge and release the Host to the fullest extent permitted by law with respect to any claim arising directly or indirectly in relation to such content and/or your reliance on such content, and You indemnify and hold harmless the Host for any costs (including legal costs on an indemnity basis) or liability incurred by the Host due to any action You may bring in contravention of this clause.
You should not rely upon any content on the Site without first obtaining Your own independent advice and conducting Your own research on the accuracy or otherwise of any content published on the Site, including the Member's Site and the Forum.
Notify Host of objectionable material
You agree to promptly notify the Host of any material that is objectionable or may have breached clauses 4.1 to 4.4 of this Agreement, however, the Host is not obliged to remove same.
PROVISION OF ACCESS TO SITE BY HOST
Acknowledgement of purpose
You acknowledge that the Host is providing access to the Site and the Forum to You and others in the credit management industry as a free service to You. You acknowledge that the Host may receive fees, benefits and/or remuneration from Sponsors in order to promote the Sponsors and You consent to the Host promoting Sponsors and allowing Sponsors to promote themselves on the Site.
Action Host may take
You agree that the Host may, but is not bound to, and without liability to You:
- exclude access by You to the Member's Site and to the Forum at any time at its sole discretion without being required to give reasons;
delete or edit any of Your Information whatsoever from the Forum without being required to give any reason;
remove or post any content to the Site without prior notice;
reveal whatever information the Host knows about You in the event of a complaint or legal action arising from any information provided by You;
- take any other action which may, in the Host's opinion, be required to preserve the integrity, aims and purposes of the Member's Site, the Forum, the Host and the Sponsors;
- and discontinue running the Site and the Forum at any time without prior notice to You.
The Host makes no warranty and You agree is not liable to You or any other person with respect to Your ability to access the Site and You acknowledge that the Site may not be able to be accessed for extended periods of time due to system or software failure, site upgrade, or any other reason whatsoever.
Whilst the Host will endeavour to keep the Site and Your Information secure, and will take reasonable precautions to ensure same, You agree that the Host is not liable to You or any other person for:
an unauthorised person, entity or programme accessing Your personal details or Your Information;
a virus being contained or embedded within the Site;
cookies without the knowledge of the Host being embedded in the Site;
Your information or other Member's Information being lost or destroyed.
You agree that to become a Member You need to provide certain contact and personal information.
You acknowledge that the information and details provided for You to become a Member are true and correct and You agree to notify the Host when such information changes.
You consent to the Host contacting You on the personal details provided.
EMAIL AND MULTI-MEDIA CONTACT WITH MEMBERS
You consent to the Host periodically sending out emails and other multi- media information to You which may include material provided by or promoting Sponsors.
You may unsubscribe from such service at any time, however, this may, at the Host's discretion, affect Your ability to continue to access the Member's Site.
You acknowledge that the Host will store Your personal information obtained directly from You in either or both hard copy and electronically.
The Host may use Your personal information for:
emailing You pursuant to clause 7;
providing aggregate reports with respect to email or multi-media campaigns to Sponsors or potential Sponsors;
helping the Host to identify and inform You about other services that may be of benefit to You;
provide Your details to other parties but only with Your express consent.
The Host will not use or disclose Your Information for any other purpose without Your consent unless required or authorised by law.
The Site may use and place cookies (which contain bits of information that websites transfer to your computer hard drive for record keeping purposes) on Your website browser for the following:
to record and remember Your preferences;
store Your IP address;
as part of a "click tracking" system to identify what links You follow from the Site;
to enhance the accuracy of Sponsor's and others' advertisements;
provide Site usage information for Sponsors and advertisers;
to track Your use of affiliate links used on the Site;
andany other legitimate commercial purpose.
We are not responsible for cookies used by Sponsors or advertisers on the Site.
AMENDMENT TO AGREEMENT
The Host may amend this Agreement at any time with immediate effect by posting the new Agreement on the Site. You will be bound to the terms of the amended Agreement from the time it is posted on the Site and Your continued access to the Member's Site or the Forum evidences Your consent to such amendments. You are able to view the current version of this Agreement at the following URL address:
The Host may sell or transfer the Site and its business to a third party, in which case this agreement is enforceable by the assignee against You as if the assignee was a party to this Agreement.
This Agreement is personal to You and You cannot assign Your membership or Your rights to access the Site to any other person.
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland and the parties irrevocably consent to the non-exclusive forum of the courts of Queensland.
Communications to the Host under this agreement can be made as follows, or as otherwise directed on the Site:
Communications from the Host to You will be via the contact details You have notified to the Host.
If any provision of this Agreement shall be declared by any Court of competent jurisdiction to be illegal, void or unenforceable, the other provisions of this Agreement shall not be affected but shall remain in full force and effect.
In this Agreement, unless the contrary intention appears:
headings are for ease of reference only and do not affect the meaning of this Agreement and do not form part of the clause;
the singular includes the plural and vice versa and words importing a gender include other genders;
words used in this Agreement and defined in the dictionary will have the meaning set out in the dictionary. Other grammatical forms of defined words or expressions have corresponding meanings;
a reference to a clause, paragraph, schedule or annexure is a reference to a clause or paragraph of or schedule or annexure to this Agreement and a reference to this Agreement includes any schedules and annexures attached to this Agreement;
a reference to a document or agreement, including this Agreement, includes a reference to that document or agreement as novated, altered or replaced from time to time;
a reference to a right includes a benefit, remedy, authority, discretion and power;
a reference to a Party includes its executors, administrators, successors and permitted assigns and if more than one, includes those persons jointly and each of them severally, their respective executors administrators and assigns;
words importing the whole of the matter or thing include a part of the matter or thing;
words and expressions importing natural persons include partnerships, bodies corporate, associations (whether incorporated or not), firms, joint ventures, trusts, authorities, governments and governmental, semi-governmental and local authorities and agencies;
words and expressions defined in the Corporations Act 2001 (Cth) as at the date of this Agreement have the meanings given to them in the Corporations Act 2001 (Cth) at that date;
and any provision in this Agreement stating that a Party "must" do something or "must" not do something should be read and construed as an agreement by that Party to do or not to do the matter or thing referred to;
each clause in this Agreement is not, except where expressly provided, limited in meaning or effect by any other clause in this Agreement.
a reference to writing includes typewriting, printing, lithography, photography and any other method of representing or reproducing words, figures or symbols in a permanent and visible form.
any Agreement, covenant, obligation, representation, undertaking, indemnity, guarantee or warranty entered into by a Party for or with another person binds them jointly and severally and an agreement, covenant, obligation, representation, undertaking, indemnity, guarantee or warranty in favour of a Party for or with another person is for the benefit of them jointly and severally. A release given to the other person shall not release the Party from any other obligation. The granting of time or another indulgence to another person will not release the Party of its obligations under this Agreement.
references to "includes" or "including" are illustrative only and shall not, in any way, be construed to limit or reduce the effect of the clause or this Agreement to the examples given.
this agreement does not need to be signed by either party to be enforceable.
In this Agreement unless the context otherwise requires:
'Forum' means any forum or blog provided within the Member's Site for online contributions and discussions between Members;
'Intellectual Property Rights' means in each case whether registered or unregistered, registerable or non-registerable, and in Australia or otherwise all:
patents and patent applications;
trademarks, service marks, designs, trade and business names, logos, slogans, URLs, and domain names (and all translations, adaptations, derivations and combinations of the foregoing), together with all associated goodwill including any registrations and applications for registrations thereof;
copyrights and copyrightable works, including any applications for registration thereof;
computer software (including source code and executable code), data and databases, and any documentation thereof;
trade secrets and other confidential or proprietary information, whether patentable or not and whether or not reduced to practice, including ideas, inventions, formulas, compositions, know how, manufacturing and productions processes and techniques, research and development information, drawings, specifications, designs, plans, proposals, technical data, financial, accounting and marketing data and plans, customer and supplier lists and information, operating procedures and manuals;
any other intellectual property or proprietary rights, or right to have confidential information kept confidential;
and copies and tangible embodiments of any of clause 126.96.36.199 to 188.8.131.52 (inclusive);
'Member' means any person who has subscribed as a Member to the Site;
'Members' Site'; means any part of the Site in which the Member is required to log in as a Member to access
'Site' means the site provided through the domain name www.creditnetwork.com.au including all areas accessible by the general public and the Members' Site and the Forum;
'Sponsors' mean any person or entity which the Host has allowed to sponsor the Site;
'You' means the person who has subscribed as a Member and who accesses the Members' Site pursuant to this Agreement;
'Your Information' means any material or information You post on the Member's Site or the Forum, or is posted on the Site by someone logging in utilising your membership access.