108MARKETISER WEBSITE TERMS OF USE
 

1. Your acceptance of these Terms of Use
 

  1. These Terms of Use (“Terms”) apply to your access and use of the website viewable via domain 108marketiser.com.au (“the Website”) owned and operated by 108Marketiser Pty Ltd (ACN 620 526 614) (“we” “us” or “our”) and the use of content which we share on any social media account operated by us or our officers, employees, contractors, agents or representatives. By accessing the Website or engaging with any content which we share on our social media accounts, you agree to accept and be bound by the Terms as they appear on the Website from time to time.
     

  2. We may revise the Terms from time to time by posting a revised version on the Website. The revised Terms will take effect when they are posted.
     

  3. Unless otherwise stated in these Terms, “you” or “your” means the person accessing the Website or our social media accounts.
     

2. Content on the Website and on our social media accounts
 

  1. The content appearing on the Website is subject to change at any time.
     

  2. Content available for viewing on the Website and on our social media accounts is for information purposes only. Your use of that content and decisions made by you after having viewed that content is at your own risk and discretion.
     

  3. We attempt to keep the content appearing on the Website relevant and up to date, however, except as otherwise required by law, we not warrant the accuracy, suitability for use for any purpose, currency or continuity of the content appearing on the Website at any time.
     

  4. If you consider any content that has been posted to the Website to be offensive, please email us at mona@108marketiser.com.au with a link to the relevant content and your reasons for objecting to it. We will consider your objection and determine whether the content should be removed from the Website at our sole discretion.
     

  5. When you click on a link on the Website, you may be taken to another website which may be operated by a third party and outside of our control. You should review the privacy practices and terms of use available on that site.
     

  6. Our decision to include a link to any third-party website does not constitute our recommendation or endorsement of that website, the content which appears on it, the owner of that website, or any products and / or services sold through that third-party website. Your access to any third-party websites linked on the Website is solely at your own risk.
     

3. Intellectual Property Rights

  1. You acknowledge that the Website, and the content appearing on the Website or on our social media accounts, is subject to copyright and features common law and / or registered trade marks, owned by, or licensed to, us.
     

  2. We reserve all rights in relation to the copyright and trade marks appearing on the Website and on our social media accounts. You agree not to use any of our copyright or trade marks without our prior written consent.
     

  3. Nothing herein, and nothing you do on or in relation to the Website will transfer any intellectual property rights in the Website, or any content appearing on the Website, to you or license to you any intellectual property rights.
     

  4. You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the content on the Website, except as permitted by these Terms or as agreed by us in writing.
     

  5. The use of any trade marks on the Website that are not owned or licensed by us is not intended to indicate any association with, or endorsement by, the owner of that trade mark.
     

  6. The Website may contain graphics and other visual representations of products protected by law. We take active steps to protect our rights in our copyright and designs and strictly enforce these rights pursuant to the applicable laws.
     

  7. Making electronic, or other, copies of any content displayed on the Website, or the Website itself, with the intent of reproducing them in whole or in part is strictly prohibited.
     

  8. You are expressly prohibited from using any content available on the Website or on our social media accounts, or accessible via the Website, for any purpose which might reasonably be considered to compete with our business.
     

4. Special Promotions
 

  1. We may from time to time run special promotions through the Website or any social media accounts operated by us (collectively the “Promotion Sites”).
     

  2. We may also conduct trade promotion competitions through the Promotion Sites. You should review the full terms and conditions of any trade promotion available on the Promotion Sites (“Competition Terms”), which are incorporated into these Terms by reference, prior to submitting an entry to the competition. If there are any inconsistencies between these Terms and the Competition Terms, the Competition Terms will apply to the extent of any inconsistencies with these Terms in relation to the competition.
     

5. User Generated Content
 

  1. We may ask our Website users and social media followers to share content on their social media accounts (“UGC”) using specific hashtags.
     

  2. By using the specific hashtag, you acknowledge, agree and warrant in favour of us that:
     

    1. you own all rights in the UGC and/or have obtained appropriate rights and consents from any other persons featured in the UGC to share the UGC with us and for us to use that UGC in accordance with these Terms.
       

    2. the UGC may be saved by us and the UGC and / or a reference to your social media handle may be posted by us across any of the Promotion Sites and used in any of our marketing materials at any time after you have shared it and you provide us with a royalty-free, irrevocable, assignable, sub-licensable, non-exclusive, worldwide licence to use the UGC for that purpose;
       

    3. we may enhance, adapt, crop or otherwise modify the UGC for our own desired use across the Promotion Sites;
       

    4. the UGC complies with the terms of use and all applicable policies on the platform on which you share it; and
       

    5. you are responsible for the UGC and you release and indemnify us from any liability for any demands by a third-party related to our use of the UGC in accordance with these Terms.
       

6. Liability
 

  1. To the maximum extent permitted by the law, we exclude:
     

    1. all liability for any and all direct, indirect, incidental, special or consequential loss, damage, cost and expense (including, without limitation, loss of revenue, goodwill, profit, damage to reputation, under or in relation to any other contract, data, use of data or anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person, in connection with, or in any way relating to the Website or any content found on it or on our social media accounts; and
       

    2. any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us.
       

  2. Despite the above, if the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in respect of goods or services supplied, and our liability for breach is unable to be excluded, but can be limited, our liability for such breach is limited to, at our option:
     

    1. in the case of a supply of goods, replacing the goods, supplying equivalent goods or having the goods repaired; or
       

    2. in the case of a supply of services, supplying the services again or paying the cost of having the services supplied again.
       

  3. Nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited.
     

  4. To the extent permitted by law, all information on or linked to on the Website and on our social media accounts is provided "as is" and "as available" without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, quality, freedom from defects or non-infringement.
     

  5.  You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of, or in connection with, content you submit, post, transmit or otherwise make available through the Website or our social media accounts, your use of the Website or content on our social media accounts, your connection to the Website, your breach of these Terms, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
     

  6. Whilst we take steps to maintain the Website, we do not warrant that your access to or use of the Website will be uninterrupted or error free, or that the Website or any material on or accessible through the Website is free from errors, viruses, worms, trojan horses or other harmful components.
     

7. Your Use of the Website and content available on our social media accounts
 

  1. In accessing and using the Website and / or our social media accounts, you must not post or transmit on any part of the Website or our social media accounts which:

  2. breaches any laws or regulations or are contrary to any relevant standard or codes;

  3. interferes with other users of the Website, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Website user from using the Website;

  4. constitutes the promotion of gambling, the promotion of another website or commercial advertising;

  5. infringes anyone else’s copyright or other intellectual property rights;

  6. tampers with, hinders or modifies the Website or any feature on the Website; or

  7. knowingly transmits any viruses or other disabling features to the Website.

  8. When providing us with information through the Website, via our social media accounts or by any other means, you understand and agree not to provide false information about yourself, not to impersonate another individual or provide misleading or false content.
     

8. Privacy
 

  1. When you provide us with your personal information through the Website, via our social media accounts or any other way, you agree that we will handle that information in accordance with our Privacy Policy and you consent to us collecting, using and disclosing that information accordingly.
     

 9. Security of Information

  1. No data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us over the internet. For this reason, any information which you transmit to us is transmitted at your own risk. We will however take reasonable steps to preserve the security of such information once we receive your transmission.
     

10. General
 

  1. If any part of the Terms would, but for this clause 10(A) be void, unenforceable or illegal in a jurisdiction;
     

    1. the provision is read down to the extent necessary to avoid that result; and
       

    2. if the provision cannot be read down, to that extent, it is severed in that jurisdiction.
       

  2. These Terms will be governed by the laws of New South Wales, Australia and by continuing to use the Website, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.