TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of directory.marradongcountry.org.au (the “Site”). This Site is owned and operated by Hotham Williams Economic Development Alliance (“HWEDA”, “Us” or “We”). This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Overview

The Site allows users (“You” or “Your”) to create listings for businesses you own or operate in the Marradong region (“Posts”).

Intellectual Property

All content published and made available on our Site outside of individual business listings is the property of HWEDA and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

You retain ownership of intellectual property rights in Posts that You submit, post, transmit or make available on the Site.

You grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your Posts. The licence you grant HWEDA is not limited to use in connection with the Site and it’s syndication to other channels. We may use your Posts for any purpose of our business, including marketing, and HWEDA have the right to sub-licence these rights.

This licence will survive the termination of this agreement between You and HWEDA for any reason.

You unconditionally and irrevocably waive any moral rights you may have in respect of Your Posts, including any rights of integrity and attribution for authorship and not to have authorship falsely attributed.

Accounts

When you create an account on our Site, you agree to the following:

• You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
• All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Responsibility for Content

If you decide to create business listings or other Posts for inclusion on our Site, you do so at your own risk. HWEDA are under no obligation to monitor Posts, including ratings or reviews. The opinions expressed in Posts contributed by third parties are not representations made by Us, nor do We endorse or necessarily share the opinions expressed. 

Our Liability

HWEDA and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Your Liability

You are liable to HWEDA and agree to indemnify Us of all claims, demands, damages, costs, penalties and liabilities caused directly or indirectly by Your acts or omissions or Your breach of these Terms and Conditions.

You warrant that Your Posts:

• Only contain content for properties/businesses that you own or operate;
• are not illegal or unlawful or will cause a breach of law or any code of conduct;
• do not include pornographic, sexually explicit, violent, threatening or obscene content;
• do not contain any information that will personally identify any third party unless You have obtained that person’s consent;
• do not refer to persons under the age of 18;
• do not include any inappropriate language including racist, hateful, discriminatory, or language that vilifies any person;
• do not infringe any third party’s intellectual property rights, including copyright, that you have the right to grant the licence in clause 3 below and that We will not infringe the intellectual property rights or any other rights of any other person by using the licence in clause 3 below;
• do not infringe the moral rights of any third parties and that You have obtained any necessary moral rights consents from authors of work You submit as part of Your Posts;
• are not defamatory or malicious or promote, incite or instruct matters of crime; and
• will not transmit any malware, viruses or harmful computer code;

You acknowledge:

• HWEDA are under no obligation to publish Posts on the Site and may remove or edit Posts in our absolute discretion; and
• except where We are legally required to do so, We are under no obligation to monitor, remove or modify the Posts content, including ratings and reviews by third parties and, in that regard, at all times we shall remain neutral;

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless HWEDA and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Western Australia.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

admin@marradongcountry.org.au