Website Terms & Conditions of Use
By registering with www.skiclubaustralia.com.au, you become a member of the Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member.
If you do not agree to the Terms, do not join www.skiclubaustralia.com.au or otherwise access or use this site.
We reserve the right at any time to change the terms and conditions of this agreement; change the site, including eliminating or discontinuing any content on or feature of the site; or change any fees or charges for using the site.
Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the site or email. Your use of the site after such notice will be deemed acceptance of the changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
1) ABOUT THIS WEBSITE
A) Welcome to Ski Club Australia (hereinafter "Ski"), specifically designed to appeal to Baby Boomers globally using the premise of "spending kids' inheritance" to promote a fun and active lifestyle in retirement, and is provided by Community Website Developments (Aust) Pty Ltd ACN 123 867 970 (hereinafter "CWDA " or "us" or "we").
2) FEES
A) Membership or other Use of this Website is subject to payment of Fees as may be determined and prescribed by CWDA.
B) CWDA has the sole right to change, modify or alter the Fees from time to time and such changes, modifications or alterations will become operative from the date declared or in the case of existing members or users upon expiry of their current membership or use.
C) CWDA reserves its right to notify the changes in the fees by notification on the Website or by email or by such other means or methods as it may deem fit.
3) REGISTRATION/TERMINATION
A) To become a member you must register with us. When and if you register to become a member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the site.
B) Either you or CWDA may terminate your membership at any time, for any reason, effective upon sending written notice to the other party. All membership fees paid are non-refundable. We reserve the right to immediately suspend or terminate your access to the Service, without notice, upon any breach of this Agreement by you, which comes is brought to our attention or for any other reason.
C) Your membership in the Service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
4) CONFIDENTIALITY, MEMBER ID AND PASSWORD
A) As part of the registration process, you will be asked to select a Member ID and Password. We may refuse to grant any Member ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your Member ID and Password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your Password by updating your account information, available within the Site's services. You are solely responsible for maintaining the confidentiality of your Member ID, as it identifies you as an individual, and Password and for any and all activities that are conducted through your account.
5) ANTI-SPAM AND ANTI-ABUSIVE BEHAVIOUR POLICY
A) This website is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavours. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at CWDA'S sole discretion. In order to prevent the sending of unsolicited commercial email or messages to its members, CWDA may take reasonable steps, including the limiting of the numbers of emails or messages sent or received by a member and electronically filtering or throttling or terminating e-mail and messages at CWDA'S sole discretion.
6) CONTENTS POSTED ON THE SITE
A) CWDA claims immunity from liability to the fullest extent under the law for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that CWDA may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of CWDA violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of CWDA and/or its members.
B) You are solely responsible for the content that you publish, post or display on www.skiclubaustralia.com.au.
C) By posting content to any public area of www.skiclubaustralia.com.au, you automatically grant, and you represent and warrant that you have the right to grant, to CWDA and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.
D) CWDA will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use services of www.skiclubaustralia.com.au in a manner consistent with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of www.skiclubaustralia.com.au. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to www.skiclubaustralia.com.au by our users or third parties.
G) Unless it is through the official Classified Section of www.skiclubaustralia.com.au you may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Ski Club Australia members. Although CWDA cannot monitor the conduct of its members off the Ski Club Australia site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
7) PROPRIETARY RIGHTS
A) CWDA owns and retains other proprietary rights in the Services and the site www.skiclubaustralia.com.au. The Services and the site contain the copyrighted material, trademarks and other proprietary information and software of www.skiclubaustralia.com.au and its licensors. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.
B) By posting information or content to any area of www.skiclubaustralia.com.au, you automatically grant, and you represent and warrant that you have the right to grant, to www.skiclubaustralia.com.au and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
8) COPYRIGHT POLICY
A) The copyright in this Web Site, its look and feel, the material, information, profiles, photos, audio sounds and all other content (together, "the Content") on this Web Site is owned by CWDA.
B) This clause 8(B) is subject to clause 8(C). 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 CWDA.
C) CWDA does 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.
9) PRIVACY POLICY
A) We will respect your personal information and undertake to comply with all applicable data protection legislation in Australia and other jurisdictions in which we offer the Service, subject to the Privacy Policy of CWDA. CWDA'S Privacy Policy, which may change from time to time and will be notified on the site or by email or by such other means, governs use of the Web Site or methods as may be deemed appropriate.
B) The personal information (including sensitive personal information) you provide to us will be stored on computer. 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 www.skiclubaustralia.com.au Service. All Members also agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof.
10) DISCLAIMER OF WARRANTIES
A) CWDA provides the service and the site on an "AS IS" basis and grants no warranties of any kind, express, implied or statutory, in any communication with CWDA or otherwise with respect to the service or the site. CWDA specifically disclaims any implied warranties of merchantability, fitness for a particular purpose or non-infringement. CWDA does not warrant that your use of the services or the site will be secure, uninterrupted, always available or error-free, or will meet your requirements, or that any defects in the service or the site will be corrected. CWDA disclaims liability for, and no warranty is made with respect to, internet connectivity or other service, including availability of or any interruption in connectivity to our site or other service.
1) LIMITATION ON LIABILITY:
A) Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will CWDA be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site even if CWDA has been advised of the possibility of such damages. You further agree to hold CWDA including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user's profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive.
B) Notwithstanding anything to the contrary contained herein, CWDA'S liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to www.skiclubaustralia.com.au for the service during the term of membership.
12) WARNING - PLEASE READ:
A) It is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. CWDA is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
B) CWDA reserves the right, but has no obligation, to monitor the materials posted in any area of the Service. CWDA shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of CWDA, you remain solely responsible for the content of the materials you post in any area of the Service and your private email messages. Emails sent between you and other Members that are not readily accessible to the general public will be treated as private by CWDA to the extent required by applicable law and pursuant to the commercially reasonable efforts of CWDA.
13) MODIFICATIONS TO SERVICE
A) CWDA reserves the right to modify or discontinue, temporarily or permanently, this site or parts of this site without notice to you. You agree that this site shall not be liable to you or any third party for any modification or discontinuance of this site.
14) INDEMNITY
A) You agree to indemnify and hold CWDA, its subsidiaries, affiliates, officers, agents, and other directors and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
15) 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 Queensland. 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.
16) ARBITRATION OF DISPUTES:
A) Any and all disputes arising out of or related to these Terms of Use and/or your relationship with CWDA and/or your use of this site shall be submitted to binding arbitration according to the rules of the laws governing Australia. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to the exclusive jurisdiction of Australia.
B) The arbitration shall take place exclusively in Brisbane, Queensland before a retired judge and shall be governed by Australian law without regard to its conflict of law provisions.
17) NOTICES AND OTHERS:
A) Except as explicitly stated otherwise, any notices shall be given by postal mail to your nominated postal address or to the email address you provide to www.skiclubaustralia.com.au during the registration process.
B) Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, CWDA may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to www.skiclubaustralia.com.au during the registration process. In such case, notice shall be given 3 days after the date of mailing.
C) You agree that this Agreement and all incorporated Agreements may be automatically assigned by CWDA, in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to CWDA shall include its subsidiaries, affiliates, directors, officers, agents, and other partners and employees.
D) CWDA'S failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
18) CONTACT US
A) Postal Address: PO Box 201 Caboolture QLD 4510 Australia
B) Email Address: info at skiclubaustralia.com.au (email us)
C) Telephone: (+61.7) 07 5428 1355
D) Facsimile: (+61.7) 07 5495 4700
E) Online: www.skiclubaustralia.com.au
