TERMS & CONDITIONS
Welcome to MyReferralNetwork.com.au !
This agreement was updated as at 1 September 2007.
When you sign up as a member or visit as a guest, you agree to all the terms and conditions of this agreement.
Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register or visit. By using the Service after 1 September 2007 you are agreeing to be bound by this Agreement, including all amendments made to date.
In these terms and conditions, "us", "we" or "our" means My Referral Network Pty Limited (ABN 43 126 611863) owner of www.myreferralnetwork.com.au. “Website” means MyReferralNetwork.com.au. This legal notice applies to the entire contents of the website under the domain www.myreferralnetwork.com.au.
1. Agreement
| a) | By accessing as either a member of visitor of My Referral Network, you agree to be bound by these terms and conditions, our Privacy Statement and any other terms and conditions, notices and disclaimers displayed elsewhere on My Referral Network relating to your use of My Referral Network. | |
| b) | We may change the My Referral Network Terms at any time. If we do, an amended version of the My Referral Network Terms will be posted on My Referral Network. You are responsible for ensuring that you regularly review the My Referral Network Terms and your continued use of My Referral Network after any changes are made to the My Referral Network Terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the My Referral Network Terms, or otherwise become dissatisfied with as a visitor or as a member of My Referral Network, your only remedy is to immediately:
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2. Privacy Policy
| a) | Use of the Website and/or the Service is also governed by our Privacy Policy. The personal information (including sensitive personal information) you provide to us will be stored on our computers. You consent to us using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the Services. Please view our Privacy Policy for more information. |
3. Visitor
| a) | As a visitor to My Referral Network, you are bound to all the terms and conditions outline herein. Use of My Referral Network deems you have accepted these terms and conditions. If you do not except these terms and condition you must discontinue use of the website immediately. |
4. Membership
| a) | When registering as a member of My Referral Network, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Member Settings. |
| b) | As a member, you are permitted to create one Member profile for your organisation. You must not create multiple member profiles. |
5. Copyright and Trademarks
| a) | The copyright on this website, its look and feel, the material, information, profiles, graphics and all other content (together, “the Content”) on the website is owned by My Referral Network Pty Ltd. We reserve the right to use the Content for the purpose of promoting the Website. |
| b) | Except where necessary for viewing the Content on this Web Site on your browser, or as permitted under the Commonwealth Copyright Act 1968 or other applicable laws or these Terms of Use, no material on this Web Site may be reproduced, adapted, uploaded, to a third party, linked to, framed, in public, performed in public, distributed or transmitted in any form by any process without specific written consent of My Referral Network. |
| c) | We do not permit the Content or any part of the Content to be copied by you or any registered user into any medium for any reason (except for the purpose of viewing on your screen in accessing the Content). You and all registered users, in accessing the Content, agree not to exercise any rights that you or any registered user may have under s40 of the Copyright Act 1968 (as amended) in relation to fair dealing for the purpose or research or study. |
6. Termination and Suspension
| a) | You may terminate your membership of My Referral Network for any reason by either providing written notice to us or by deletion of your member profile. You can provide notice of termination by emailing membership@myreferralnetwork.com.au |
| b) | We reserve the right to, without limitation, do any or all of the following in relation to your membership: suspend your membership, permanently or temporarily hide all or part of your member details; modify your member profile; terminate your membership for any reason by providing notice to you by email; terminate your membership immediately without notice to you if you have committed a breach of the My Referral Network Terms; deactivate your membership if you have not used My Referral Network for a period of 6 months or more (from the date of last use); and/or permanently or temporarily block your access to all or part of My Referral Network. |
7. Emails
You acknowledge we are not responsible for the transmission of emails. You will indemnify and limit our liability per Clause 10 of this agreement if any action is brought against us as a result of the sending and/or receiving of emails.
Emails include (but not limited to):
| a) | System generated emails:
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| b) |
Non system generated emails: As a member you may receive emails from other members and non members. |
8. Content and Use
| a) | Any images or text (Content) that you transmit or post on My Referral Network, or otherwise transmit to any other member of My Referral Network by any other means, must be complete and accurate. |
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You agree not to post, transmit or use My Referral Network, or otherwise transmit to any other member of My Referral Network by any other means, Content that:
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| c) | You must not use code or other devices containing any reference to My Referral Network to direct other persons to any other web page, including framing or mirroring any part of the website. |
| d) | You are solely responsible for Content that you transmit or post on My Referral Network, or otherwise transmit to any member of My Referral Network by any other means. |
| e) | We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on My Referral Network, or otherwise transmitted to any member of My Referral Network by any other means, by any person. |
| f) | We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on My Referral Network, or otherwise transmitted to any other member of My Referral Network by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on My Referral Network, or otherwise transmitted to any other member of My Referral Network by any other means. |
9. Member & Third Party Websites and Advertising
| a) | Our Website contains links to other Internet sites owned by third parties and members. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any member or third-party content or a link to a member or third-party site is not an endorsement of that content or member/third-party site. |
| b) | We do not sell, resell, or license any of the products or the services that we list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties and members, including payment transactions, referral fees and goods-delivery transactions, are solely between you and that member, visitors of the website or third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with members, visitors of the website or third parties. Any questions, complaints, or claims related to any product or service, referral fees should be directed to the appropriate organisation. |
10. Indemnity and Limitation of Liability
| a) | You acknowledge that you use My Referral Network at your own risk. |
| b) | You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with My Referral Network, or any other members' or visitor use of or conduct in connection with My Referral Network, in any circumstance. |
| c) | You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim |
| d) | To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the My Referral Network Terms, might apply in relation to your use of My Referral Network. |
| e) | To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for any chargeable service or feature on My Referral Network purchased by you during the term of your membership. |
| f) | In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
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11. Governing Law
| a) | The Web Site and the terms of use for the Web site shall be governed by and construed in accordance with the laws of the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction. Nothing in this clause is intended to oust the laws of the Commonwealth of Australia and the jurisdiction of the Federal Court of Australia. |
| b) | No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the My Referral Network Terms or your use of My Referral Network. |
| c) | If any provision of the My Referral Network Terms is held to be invalid, the remainder of the My Referral Network Terms shall continue in full force and effect. |