Welcome to the Family Capers web site (the Site). These are our Terms & Conditions for use of the Site. These Terms & Conditions apply whenever you access the site regardless of how you access the Site.
Use of the site
- Users of the site, including Advertisers and Members (Users) agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the site (Terms & Conditions), which are subject to change at the sole discretion of Family Capers. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
- The site is made available for personal use only. You may not use the Site or the Directory contained on the Site for any commercial purpose (other than for the adding to or correcting of information contained in the Directory), in accordance with the Terms & Conditions, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from Family Capers.
- Content (Content) refers to all information, including but not limited to data, text, information, images and multimedia that is displayed in a business listing on the site or directory.
- Additional terms and conditions for Family Capers Advertising Products can be found at www.familycapers.com.au/advertisingtermsandconditions.
- Users will not:
5.1.Use the Website for any purpose or in any way which is contrary to the Terms & Conditions or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
5.2.Use the directory or the Site to engage in deceptive or misleading marketing practices;
5.3.Post to the directory or the Site information encouraging conduct that would constitute a criminal offence;
5.4.Post to the directory or the website any telephone number or numbers that are listed on or the Commonwealth Do Not Call Register;
5.5.Resell in any way our directory or access to or use of our directory or the site;
5.6.Submit or otherwise link to the Directory, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs or code;
5.7.Damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to Family Capers or do anything that compromises the security and/or stability of the Site or the Directory;
5.8. Use the Directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or
5.9. Send automated queries of any kind to the Site or the Directory without Family Capers express written permission.
Member Terms of Us
6.1. To abide by and comply with the Terms & Conditions;
6.2. To abide by and comply with all relevant Local, State and Commonwealth laws and regulations and where applicable, all international laws and regulations;
6.3. To provide accurate, current and complete information at all times;
6.4. To maintain the security of passwords and/or identification;
6.5. To be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other materials whether publicly posted or privately transmitted to and from the account;
6.6. To receive regular newsletters and system notification emails from Family Capers. You can unsubscribe from our newsletter anytime by clicking on the unsubscribe link on each of our newsletters. Unsubscribe requests are processed automatically and immediately.
6.7. Not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;
6.8. Not to post or upload Multimedia Content which contains hidden code or images which do not relate to or alter the intended meaning of the original Content; and
6.9. That Family Capers has the right to suspend or terminate an Account and refuse any and all current or future use of the site or directory, without providing any reasons.
6.10. That Family Capers is not responsible for content or conduct of any site linked to or from the directory;
6.11. That the website and/or the directory may experience service interruptions and/or access difficulties from time to time and that Family Capers will not be responsible for any interruptions or access difficulties;
6.12. Family Capers will not claim ownership over the Content posted by a Member. The Member maintains any copyright or other legal rights they hold in the Content posted to the Website.
- In signing up as an Advertiser you:
7.1. Agree that you are the registered business owner or authorised representative of the business being registered;
7.2. Agree that all businesses displayed on the site are subject to receive ratings and reviews from Users;
7.3. Acknowledge that Family Capers is not liable for any Content that causes you or your business any loss or damage;
7.4. Acknowledge that Family Capers reserves the right to include or exclude entry to, or remove a business from the site and the Directory; and
7.5. Understand that Family Capers at its sole discretion will determine the utilisation of all keywords, categories, Content and other material used to describe or categorise a business listing for all purposes relating to the Site and the Directory.
- Except where stated otherwise, all intellectual property rights in relation to Content on this Site belongs to Family Capers or its licensors, advertisers or affiliates, including but not limited to logos and trade marks. You obtain no rights, title or interest in that intellectual property. All Content on the site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Content.
8.2. Other, non- Family Capers trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
9.2. Family Capers collects your personal information to assist us in providing the goods or services you have requested, to process your competition entries, and to improve our products and services. We may be in touch by any means to let you know about goods, services, or promotions which may be of interest to you. We may also share your information with other persons or entities who assist us in providing our services, running competitions or with other companies who provide prizes for competitions or member offers.
Liability and Indemnity
- Liability & Indemnity
10.1. Family Capers does not warrant the accuracy of the content and the Directory on the site, including but not limited to any maps displayed on the site and any third party Sites or resources. All content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. Content represents the views of the writer only and not the views of Family Capers. All Content on the Site may be changed and/or removed at Family Capers sole discretion and without notice.
10.2. Family Capers will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
10.3. Family Capers does not warrant that functions contained in the Site Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Family Capers or the server that makes it available, are free of viruses or bugs.
10.4. To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of Family Capers for any breach of a term or condition implied by law is limited at Family Capers discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
10.5. You indemnify Family Capers and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Third Parties ,Content & Links.
- Third Parties and Content & Links.
11.1. This site may include third party content which is subject to that third partyís terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that Content.
11.2. This site may include links to third party sites which are not related to Family Capers and in relation to which Family Capers has no control or interest. The appearance of those links on this site does not indicate any relationship between Family Capers and that third party or any endorsement by Family Capers of that third party, its site or the products or services which it is advertising on this Site.
11.3. The information provided on this site by the Professional Support Panel and by Article Writers is submitted and provided for educational purposes only. It is not intended nor implied to be a substitute for professional advice. The reader should always consult his or her chosen professional provider to determine the appropriateness of the information for their own situation.
- When you submit Content to Family Capers in any format, including any text, photographs, graphics, video or audio, you grant Family Capers (ABN 22 120 424 535) a non-exclusive, royalty-free, perpetual license to publish that Content.
12.1. You agree that Family Capers can use that Content in any way, now and in the future. Family Capers reserves the right not to use the Content you submit.
12.2. You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law.
12.3. You indemnify Family Capers against any and all legal fees, damages and other expenses that may be incurred by Family Capers as a result of a breach of the above warranty.
12.4. Unless otherwise stated, Users waive any moral rights in your contribution for the purposes of its submission to and publication on the Site
- If any part of these terms and conditions is deemed unenforceable the remainder will not be affected.
- These terms and conditions shall be governed by the laws of the state of Queensland. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
- Any notice to be served to Family Capers under this Contract must be served personally by post, facsimile or email to Family Capers at: Attention: Family Capers PO Box 1213 Maroochydore Qld 4558 or; Email: email@example.com