terms and conditions

TERMS, CONDITIONS, AND NOTICE OF AGREEMENT BETWEEN YOU AND BEING AUSTRALIAN PTY LTD, ITS AGENTS AND ASSIGNS

Important: These Terms and Conditions govern use of this Internet site ("Site"), which is provided by Being Australian PTY LTD (“Being Australian”), a limited liability company incorporated in the State of New South Wales, Australia.

Terms: The terms "You" and "Your" refer to you or any other any private or commercial user of or visitor to this Site. The terms "Being Australian", "we", "us" and "our" refer to Being Australian, its agents and assigns. The term "Content" refers to all of the written or other content on this Site, including text, images, graphics, email, alerts, notifications, executable applications, software, underlying HTML and other content and services offered through this Site by us, as well as any and all improvements, updates, and modifications that Being Australian makes to the Content from time to time.

Acknowledgement: By accessing this Site, You confirm Your acknowledgement, understanding and acceptance of these Terms and Conditions.

These Terms and Conditions are subject to change at any time at the sole discretion of Being Australian. Your use of this Site after such changes are implemented constitutes Your acknowledgement and acceptance of said changes.

This Site is offered for information, education, entertainment and related commercial purposes only by Being Australian, to members of the general public throughout the Internet global community. Use of this Site in any manner and form constitutes Your agreement to these Terms and Conditions.

Being Australian may modify any of the Terms and Conditions at any time for any reason. Subscribers who have registered as members (“Members”) of the Site may be notified of any such changes if said changes affect their respective memberships and/or their participation with the Site.

Your use of the Site constitutes Your acceptance of such changes and agreements contained herein. Being Australian reserves the right to deny access to this Site to anyone at any time.

This Agreement. Being Australian retains exclusive right to change, discontinue, or supplement any aspect of Site service and information including Site features, database, and content at any time without notice. Being Australian may choose to notify You of some changes by means including, but not limited to, posting on the Web site, notification by email, or other means. Your use of the Site after such notice shall be conclusively deemed to be Your acceptance of those changes. By choosing to interact with this Site, You are accepting responsibility for reviewing the Terms and Conditions in this Agreement periodically to be aware of changes. You also agree that changes to Your email address or failure to provide Being Australian with a current email address may result in Your inability to receive such notice/s. You waive Your right to be notified should Being Australian not be provided with Your current email address.

The following policy governs Your use of this Site.  

You represent, warrant and covenant that You shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using and enjoying use of the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (iv) contain a virus or other harmful component, (v) contain any information, software or other material of a commercial nature, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of facts.

Use of Site. Except where specifically prescribed, Content at this Site is strictly for Your personal use only. You acknowledge and respect all copyright, trademark, and other proprietary notices contained in the original materials and on any authorized copy of the materials. You may not modify the materials at this Site in any way. You may not copy, reproduce, publish, publicly display, transfer, sell or offer for sale, distribute, enter in a database, or create derivative works from the materials or use them in any way for any public or commercial purpose. By using this Site, You acknowledge without exception the inalienable intellectual property rights of the originators of content published on this Site, including but not limited to Being Australian, its agents, partners, subsidiaries, assigns and members of the public who have posted content on this Site. You may not copy this material, by any means (including electronic copies), for distribution to others except by means of certain specific mechanisms deployed in the construction of this Site and by way of branded merchandise available for purchase through this Site and third-party vendors. Any party receiving a copy of any material in any form sourced from this Site is bound by these restrictions and may not copy or further distribute the material without the express permission of Being Australian. Any use of these materials on any other Web site or networked computer environment (including any personal network or email distribution) for any use is prohibited and may constitute a breach of these conditions and/or of the copyrights of third parties. All content on this Site received from and/or submitted by other users will be presumed by You to carry inherent inviolable copyright. Any unauthorized use of said content materials may constitute a violation of relevant copyright, trademark, and other intellectual property laws in the jurisdiction of the Commonwealth of Australia. You may not use materials from the Site in a manner that violates the prevailing Copyright Law governing materials and content published through this Site. Your interaction with this Site in any way constitutes Your agreement that You will not use this Site for any unlawful, prohibited or defamatory purposes.

Copyright.  All materials on this Site, including but not limited to text, documents, images, multimedia (sound, video, etc.), data files, computer programs, artwork, and site design, are protected by copyright, and may not be reproduced or republished in whole or part without express permission in writing from Being Australian, or its agents or assigns. All rights reserved.

Specific terms of use and copying permissions for certain material may be found on specific web pages on this site; in all other cases permission must be obtained from permission-at-beingaustralian.com.au. Copyright in material submitted to this Site by participating content providers including but not limited to private individual members of the public, third-party sources (such as news agencies and freelance authors), sponsors and advertisers is reserved by said content providers respectively. Said content appears on this Site with permission of the participating content providers and/or within the scope of fair-use provisions of copyright law. If you notice any material that appears without permission or is misattributed, please inform Being Australian via electronic mail message addressed to webmaster-at-beingaustralian.com.au and Being Australian will investigate the instance/s and attempt to render appropriate corrective action immediately. This site has some areas that are open to the public for uploading materials. The electronic mail message address, webmaster-at-beingaustralian.com.au, may also be used for notifying the maintainers of this Site of any illegal, offensive, or defamatory material found on the Site.

Use at Your Own Risk. This Site may contain information, advice, opinions, links to third-party Web sites, and material from third-party information and content providers. Neither Being Australian nor these third-party providers represent or endorse the accuracy, completeness, or reliability of any advice, opinion, statement, or other information presented on this Site by Being Australian, third-party providers, third-party Web sites, or by any other person or entity. Neither Being Australian nor its third-party information or content providers, nor any of their respective affiliates, agents, or employees, shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, usefulness, validity, deletion, defect, failure of performance, computer virus, communication line failure, or alteration of or use of any content or link herein, regardless of cause, or for any damages resulting there from. You rely upon and use this Site, including links, opinion, advice, statements, or any other information presented here, at Your own risk and Your sole remedy, if dissatisfied, is to discontinue use of this Site.

Representation. This Site is privately maintained by Being Australian and is not affiliated with any other organization.

Indemnities. Your use of this site constitutes your total and unequivocal agreement to indemnify and hold harmless Being Australian and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these Terms and Conditions or the foregoing representations, warranties and covenants, including, without limitation, legal fees and costs. You agree to cooperate as fully as reasonably required in the defence of any claim made against Being Australian.

This World Wide Web Internet Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from the Being Australian Site to other third party sites, maintained by third parties, do not constitute an endorsement of any kind by Being Australian or any of its subsidiaries or affiliates of any third party resources or their contents unless such endorsement of said links is specified on the respective pages of this Site containing said links.

Being Australian does not represent nor endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at Your sole risk. Being Australian reserves the inalienable right, at its sole discretion, to correct errors or omissions in any portion of content submitted for publication by you to the Being Australian Site.

Your Liability. You shall indemnify and hold harmless Being Australian, its agents, registered members, affiliates, enterprise partners and assigns from and against any and all losses, expenses, damages, and costs, including reasonable legal fees arising from Your misuse of this Site in any manner and/or any violation of these Terms and Conditions. Being Australian may take over the exclusive defence of any claim for which Being Australian is entitled to indemnification under this Paragraph. In such event, Your use of this Site constitutes your agreement to cooperate fully with us. Being Australian may terminate this Agreement and Your future use of this Site, with or without notice. In the event of termination, the restrictions imposed upon You with respect to material downloaded from the Site, the disclaimers, and limitations of liabilities set forth in this agreement survive in perpetuity or to the extent provided by applicable law. You must return or destroy any previously accessed or archived material within 72 hours of termination.

Disclaimer and Liability Limitation. ALL MATERIALS AND SERVICES IN THIS SITE AND THIRD-PARTY SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BEING AUSTRALIAN, TO THE FULLEST EXTENT PROVIDED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTS OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. BEING AUSTRALIAN DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADDITIONALLY, NO AFFIRMATIVE REPRESENTATIONS ARE MADE REGARDING THE SUITABILITY OF THE INFORMATION OR THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS TO THIRD-PARTY WEB SITES, OR OTHER ITEMS CONTAINED WITHIN THIS SITE OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND ITS OFFERINGS. IN NO EVENT WILL BEING AUSTRALIAN, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED OR FEATURED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL ALSO APPLY TO THIRD-PARTY CONTENT.

Applicable Laws. You choose to access this Site on Your own initiative and are responsible for compliance with applicable copyright and other laws governing intellectual property with respect to the content and use of this site. These Terms and Conditions will be governed and construed in accordance with the law without giving effect to any principles of conflicts of specific laws.

Inclusion of all Terms and Conditions. All other notices, policies, disclaimers, and other terms contained in this Site are incorporated here by reference. In the event of a conflict between such other terms and these Terms and Conditions, these Terms and Conditions shall control Severability. Any term or provision deemed unlawful or unenforceable shall not invalidate the validity and enforceability of remaining terms and provisions.

All Rights Reserved. Any rights not expressly granted herein are reserved.