WEBSITE TERMS AND CONDITIONS

 

 Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website

Unless otherwise stated, She Went Wild and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 You must not:

·       republish material from this website (including republication on another website);

·       sell, rent or sub-license material from the website;

·       show any material from the website in public;

·       reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

·       [edit or otherwise modify any material on the website; or]

·       [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

 [Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

 Cookies

To enhance your experience on our sites, our web pages may use “cookies”. Cookies are small text files that we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personal information unless you choose to provide this information to us by, for example, registering at one of our sites. Once you choose to provide a web page with personal information, this information may be linked to the data stored in the cookie. A cookie is like an identification card. It is unique to your computer and can only be read by the server that gave it to you.

 Territory of Law

Any possible dispute over privacy is subject to this site policy, including limitations on damagers, arbitration of disputes and application of Australian law. Travel Play Live is subject to the National Privacy Principles under the Privacy Act 1988 (Cth).

 Third Party Policy

Our website may provide links to third party websites. The inclusion of any link does not imply our endorsement of any other company, its websites, or its products and/or services. These linked websites have separate and independent privacy policies, which we recommend you read carefully. We have no control over such websites and therefore have no responsibility or liability for the manner, in which the organizations that operate such linked websites may collect, use, disclose or otherwise treat your personal information.

 Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [She Went Wild] express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without [She Went Wild’s] express written consent.] 

Restricted access

[Access to certain areas of this website is restricted.]  She Went Wild reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at She Went Wild’s discretion.

If She Went Wild provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

She Went Wild may disable your user ID and password in She Went Wild sole discretion without notice or explanation.]

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to She Went Wild a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to She Went Wild the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or She Went Wild or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

She Went Wild reserves the right to edit or remove any material submitted to this website, or stored on She Went Wild servers, or hosted or published upon this website.

[Notwithstanding She Went Wild rights under these terms and conditions in relation to user content, She Went Wild does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  She Went Wild makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, She Went Wild does not warrant that:

lthis website will be constantly available, or available at all; or

lthe information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

She Went Wild will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 l[to the extent that the website is provided free-of-charge, for any direct loss;]

lfor any indirect, special or consequential loss; or

lfor any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if She Went Wild has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit She Went Wild liability in respect of any:

 ldeath or personal injury caused by She Went Wild negligence;

lfraud or fraudulent misrepresentation on the part of She Went Wild; or

lmatter which it would be illegal or unlawful for She Went Wild to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, She Went Wild has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against She Went Wild officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect She Went Wild officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as She Went Wild.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 Indemnity

 You hereby indemnify She Went Wild and undertake to keep She Went Wild indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by She Went Wild to a third party in settlement of a claim or dispute on the advice of She Went Wild legal advisers) incurred or suffered by [She Went Wild] arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 Breaches of these terms and conditions

Without prejudice to [She Went Wild] other rights under these terms and conditions, if you breach these terms and conditions in any way, [She Went Wild] may take such action as [She Went Wild] deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

[She Went Wild] may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

[She Went Wild] may transfer, sub-contract or otherwise deal with [She Went Wild] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and [She Went Wild] in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

[Registrations and authorisations

Our Contact Details

11/31 Byron Street, Coogee, Sydney, 2034

MOB: 0414 691292

All right reserved. She Went Wild is a sole trader in Australia.

Record of Business Name on 16th March 2016
Our Australian Business Number (ABN) is
ABN: 68461642237

Website Live 14/4/2016