WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.visitcamdenhaven.com.au (Website). The Website is
Membership Services - Camden Haven Chamber of Commerce (Services).
(b) The Website is operated by Camden Haven Chamber of Commerce, Industry &
Tourism Inc (ACN 48098766921). Access to and use of the Website, or any of its
associated Products or Services, is provided by Camden Haven Chamber of
Commerce, Industry & Tourism Inc. Please read these terms and conditions
(Terms) carefully. By using, browsing and/or reading the Website, this
signifies that you have read, understood and agree to be bound by the Terms.
If you do not agree with the Terms, you must cease usage of the Website, or
any of Services, immediately.
(c) Camden Haven Chamber of Commerce, Industry & Tourism Inc reserves the right
to review and change any of the Terms by updating this page at its sole
discretion. When Camden Haven Chamber of Commerce, Industry & Tourism Inc
updates the Terms, it will use reasonable endeavours to provide you with
notice of updates to the Terms. Any changes to the Terms take immediate effect
from the date of their publication. Before you continue, we recommend you keep
a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to
you by Camden Haven Chamber of Commerce, Industry & Tourism Inc in the user
interface.
3. Registration to use the Services
(a) In order to access the Services, you must first register for an account
through the Website ( Account ).
(b) As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about
yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(c) You warrant that any information you give to Camden Haven Chamber of Commerce,
Industry & Tourism Inc in the course of completing the registration process
will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered
member of the Website (Member) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Camden
Haven Chamber of Commerce, Industry & Tourism Inc ; or
(ii) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are
resident or from which you use the Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices
or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of
your password and/or email address. Use of your password by any
other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Camden
Haven Chamber of Commerce, Industry & Tourism Inc of any unauthorised
use of your password or email address or any breach of security of
which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows
for the sole use of the Website by you for the purposes of Camden Haven
Chamber of Commerce, Industry & Tourism Inc providing the Services;
(v) you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed or
approved by the management of Camden Haven Chamber of Commerce,
Industry & Tourism Inc;
(vi) you will not use the Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited
email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other
forms of solicitation may be removed from the Website without notice
and may result in termination of the Services. Appropriate legal action
will be taken by Camden Haven Chamber of Commerce, Industry & Tourism
Inc for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or
its Services is prohibited.
5. Payment
(a) All payments made in the course of your use of the Services are made using
Paypal Stripe. In using the Website, the Services or when making any payment
in relation to your use of the Services, you warrant that you have read,
understood and agree to be bound by the Paypal Stripe terms and conditions
which are available on their website.
(b) You acknowledge and agree that where a request for the payment of the
Services Fee is returned or denied, for whatever reason, by your financial
institution or is unpaid by you for any other reason, then you are liable for
any costs, including banking fees and charges, associated with the Services
Fee.
(c) You agree and acknowledge that Camden Haven Chamber of Commerce, Industry &
Tourism Inc can vary the Services Fee at any time.
6. Refund Policy
(a) Camden Haven Chamber of Commerce, Industry & Tourism Inc will only provide you
with a refund of the Services Fee in the event they are unable to continue to
provide the Services or if the manager of Camden Haven Chamber of Commerce,
Industry & Tourism Inc makes a decision, at its absolute discretion, that it
is reasonable to do so under the circumstances ( Refund ).
(b) Any benefits set out in this Terms and Conditions may apply in addition to
consumer's rights under the Australian Consumer Law.
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Camden Haven
Chamber of Commerce, Industry & Tourism Inc are subject to copyright. The
material on the Website is protected by copyright under the laws of Australia
and through international treaties. Unless otherwise indicated, all rights
(including copyright) in the Services and compilation of the Website
(including but not limited to text, graphics, logos, button icons, video
images, audio clips, Website code, scripts, design elements and interactive
features) or the Services are owned or controlled for these purposes, and are
reserved by Camden Haven Chamber of Commerce, Industry & Tourism Inc or its
contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or
licensed by Camden Haven Chamber of Commerce, Industry & Tourism Inc, who
grants to you a worldwide, non-exclusive, royalty-free, revocable license
whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website
in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial
use.
Camden Haven Chamber of Commerce, Industry & Tourism Inc does not grant you
any other rights whatsoever in relation to the Website or the Services. All
other rights are expressly reserved by Camden Haven Chamber of Commerce,
Industry & Tourism Inc.
(c) Camden Haven Chamber of Commerce, Industry & Tourism Inc retains all
rights, title and interest in and to the Website and all related Services.
Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered
design or copyright (or an adaptation or modification of such a thing,
system or process).
(d) You may not, without the prior written permission of Camden Haven Chamber of
Commerce, Industry & Tourism Inc and the permission of any other relevant
rights owners: broadcast, republish, up-load to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the Services or
third party Services for any purpose, unless otherwise provided by these
Terms. This prohibition does not extend to materials on the Website, which are
freely available for re-use or are in the public domain.
8. Privacy
Camden Haven Chamber of Commerce, Industry & Tourism Inc takes your privacy
seriously and any information provided through your use of the Website and/or
Services are subject to Camden Haven Chamber of Commerce, Industry & Tourism Inc's
Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not
be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which
are not expressly stated in the Terms are excluded; and
(ii) Camden Haven Chamber of Commerce, Industry & Tourism Inc will not be
liable for any special, indirect or consequential loss or damage (unless
such loss or damage is reasonably foreseeable resulting from our failure
to meet an applicable Consumer Guarantee), loss of profit or opportunity,
or damage to goodwill arising out of or in connection with the Services
or these Terms (including as a result of not being able to use the
Services or the late supply of the Services), whether at common law,
under contract, tort (including negligence), in equity, pursuant to
statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you "as is" and "as available" without
warranty or condition of any kind. None of the affiliates, directors,
officers, employees, agents, contributors and licensors of Camden Haven
Chamber of Commerce, Industry & Tourism Inc make any express or implied
representation or warranty about the Services or any products or Services
(including the products or Services of Camden Haven Chamber of Commerce,
Industry & Tourism Inc ) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the
following:
(i) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line
failure, unlawful third party conduct, or theft, destruction, alteration
or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website,
the Services, or any of its Services related products (including third
party material and advertisements on the Website;
(iii) costs incurred as a result of you using the Website, the Services or any
of the products of Camden Haven Chamber of Commerce, Industry & Tourism
Inc; and
(iv) the Services or operation in respect to links which are provided for
your convenience.
10. Limitation of liability
(a) Camden Haven Chamber of Commerce, Industry & Tourism Inc 's total liability
arising out of or in connection with the Services or these Terms, however
arising, including under contract, tort (including negligence), in equity,
under statute or otherwise, will not exceed the resupply of the Services to
you.
(b) You expressly understand and agree that Camden Haven Chamber of
Commerce, Industry & Tourism Inc , its affiliates, employees, agents,
contributors and licensors shall not be liable to you for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly
or indirectly), any loss of goodwill or business reputation and any other
intangible loss.
11. Competitors
If you are in the business of providing similar Services for the purpose of
providing them to users for a commercial gain, whether business users or domestic
users, then you are a competitor of Camden Haven Chamber of Commerce, Industry &
Tourism Inc. Competitors are not permitted to use or access any information or
content on our Application. If you breach this provision, Camden Haven Chamber of
Commerce, Industry & Tourism Inc will hold you fully responsible for any loss that
we may sustain and hold you accountable for all profits that you might make from
such a breach.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Camden
Haven Chamber of Commerce, Industry & Tourism Inc as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing Camden Haven Chamber of Commerce, Industry & Tourism
Inc with 14 days' notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Camden
Haven Chamber of Commerce, Industry & Tourism Inc has made this
option available to you.
Your notice should be sent, in writing, to Camden Haven Chamber of
Commerce, Industry & Tourism Inc via the 'Contact Us' link on our homepage.
(c) Camden Haven Chamber of Commerce, Industry & Tourism Inc may at any time,
terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any
provision;
(ii) Camden Haven Chamber of Commerce, Industry & Tourism Inc is required to
do so by law;
(iii) the provision of the Services to you by Camden Haven Chamber of
Commerce, Industry & Tourism Inc is, in the opinion of Camden Haven
Chamber of Commerce, Industry & Tourism Inc , no longer commercially
viable.
(d) Subject to local applicable laws, Camden Haven Chamber of Commerce, Industry &
Tourism Inc reserves the right to discontinue or cancel your membership at any
time and may suspend or deny, in its sole discretion, your access to all or
any portion of the Website or the Services without notice if you breach any
provision of the Terms or any applicable law or if your conduct impacts Camden
Haven Chamber of Commerce, Industry & Tourism Inc 's name or reputation or
violates the rights of those of another party.
13. Indemnity
You agree to indemnify Camden Haven Chamber of Commerce, Industry & Tourism Inc,
its affiliates, employees, agents, contributors, third party content providers and
licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on
the Website or attempts to do so; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute,
unless the following clauses have been complied with (except where urgent
interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute ( Dispute ) has arisen under the
Terms,must give written notice to the other party detailing the nature of
the dispute, the desired outcome and the action required to settle the
Dispute.
14.3. Resolution:
On receipt of that notice ( Notice ) by that other party, the parties to the
Terms ( Parties ) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which
they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the ____________________;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a precondition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising
out of and in connection with this dispute resolution clause are
confidential and to the extent possible, must be treated as "without
prejudice" negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and
the Dispute has not been resolved, either Party may ask the mediator to
terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Services offered by Camden Haven Chamber of Commerce, Industry & Tourism Inc
is intended to be viewed by residents of Australia. In the event of any dispute
arising out of or in relation to the Website, you agree that the exclusive venue
for resolving any dispute shall be in the courts of New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted
and construed by, under and pursuant to the laws of New South Wales, Australia,
without reference to conflict of law principles, notwithstanding mandatory rules.
The validity of this governing law clause is not contested. The Terms shall be
binding to the benefit of the parties hereto and their successors and assigns
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms shall
remain in force.
Menu