WEB SITE TERMS AND CONDITIONS OF USE

These terms and conditions apply to the use of this web site, including the creation of a profile on the web site and browsing the web site. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

TERMINOLOGY

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Blue Plums.

AMENDMENTS TO TERMS AND CONDITIONS

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

MEMBERSHIP

Browsing of the web site is free and does not require membership. In order to create and post a profile on the web site, the advertiser must become a member and abide by the advertisers terms and conditions of use.

In order to create and post your profile on the web site, you must become a member in the relevant category. To become a member, you must complete your registration details in the manner described on the web site.

We reserve the right to terminate your membership without notice at any time if you breach these terms and conditions.

Browsing and membership of this web site is only open to you if you are eighteen (18) years old or over.

Upon registration, you will be provided with a password and account designation.

PROVISION OF CONTENT FOR PROFILES

If you are registered as a member for creating and posting your profile on this web site, you are required to comply with the advertiser’s terms and conditions of use.

MEMBERS’ OBLIGATIONS

By browsing our web site, you agree to abide by the following terms and conditions:

–          you agree not to impersonate any other person;

–          you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

–          all information provided by us in our web site are provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;

–          we do not make any representations or warranties that the information we provide in the web site is reliable, accurate or complete or that your access to the web site will be uninterrupted, timely or secure. You accept that we are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You agree to make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears in the web site;

–          you accept that we do not accept any liability for the accuracy or content of any material posted by other members of the web site. We are not liable for any loss resulting from any action taken of reliance made by you on any information or material posted by another member;

–          you accept that we do not accept any responsibility or liability for any information or material which you submit to the web site, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the web site;

–          you accept that we do not warrant that we will respond to questions or comments submitted by you to our web site;

–          if you download any material from the web site, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material.

DISCLAIMER

We do not warrant that any material you submit to the web site will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material in the web site. If we elect in our sole discretion to post your information or material in the web site, we do not warrant that the material or information you submit will be posted within a certain timeframe.

We offer no warranty in relation to the distribution, or the nature and extent of distribution, of your content to our subscribers, members and site visitors.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included. but our liability will be limited for a breach of that condition or warranty to one or more of the following: if the breach relates to our advertising services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

EXCEPTION TO DISCLAIMER

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

OFFENSIVE CONTENT

You are able to notify us of any content that you regard to be offensive on this website by contacting us at info@blueplums.com.au

We do not warrant that we will respond to your comments. If we elect in our sole discretion to respond to your comments, we do not warrant that we will respond within a certain timeframe.

Our decision as to whether particular content is regarded as offensive is final and we reserve the right (but assume no obligation) to edit, retract or delete the contents that we consider to be offensive.

SPECIFIC WARNINGS

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the website facility, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members’ obligations as set out in these terms and conditions or any content transmitted by a non-member.

You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password and/or account designation, whether or not your have authorised that person to use your password and/or account designation.

You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

COPYRIGHT

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

–          adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

–          commercialise any information, products or services obtained from any part of this web site;

without our written permission.

TRADE MARKS

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

–          in or as the whole or part of your own trade marks;

–          in connection with activities, products or services which are not ours;

–          in a manner which may be confusing, misleading or deceptive;

–          in a manner that disparages us or our information, products or services (including this web site).

RESTRICTED USE

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

LINKED WEB SITES

This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

PRIVACY POLICY

We may collect advertisers contact information (like their email addresses). Unless you object, this information may be used:

–          to send news, information about our activities and general promotional material which we believe may be useful to you;

–          to monitor who is accessing the web site or using services offered on the web site; and

–          to profile the type of people accessing the web site.

If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly. We do not collect the information of any persons browsing the web site.

We utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

–          we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;

–          we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public scrutiny in the performance of their functions; or

–          we are required by law to disclose the information.

We will preserve the content of any email you send us if we believe we have the legal requirement to do so.

Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.

Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.

All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

We consider it is the responsibility of parents to monitor their children’s use of our web site. Nevertheless it is our policy not to require personal information from persons known to be under the age of eighteen (18) years or offer to send any promotional material to persons in that category.

You are entitled to have access to any personal information relating to you which you have previously supplied to us over this web site. You are entitled to edit or delete such information unless we are required by law to retain it.

If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us on info@blueplums.com.au

SECURITY OF INFORMATION

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

TERMINATION OF ACCESS

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

GOVERNING LAW

These terms and conditions are governed by the laws in force in the State of Western Australia. In the event that the State of Western Australia does not have jurisdiction to hear matters relating to this agreement, then the laws in the Commonwealth of Australia will apply. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

GENERAL

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

TO RETURN TO THE WEBSITE

To return to the web site, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms of use.