Terms Of Use
Transconnect Solutions Pty Ltd, ACN 156 112 220
("Transconnect")
This website (the “Website”) and
services (collectively, “Services”) are operated by Transconnect. We reserve the right to change the terms of this
Agreement or to modify any features of the Services at any time.
In these Terms of Use, the terms “you” and “your”
means you the member; and the terms “we”, “us”
and “our” means Transconnect.
Your access to this Website is conditional upon your acceptance and
compliance with the terms, conditions, notices and disclaimers contained in this
document (collectively known as the ‘Terms of Use’). Your use
of, and/or access to, the Website constitutes your agreement to these Terms of
Use. We may restrict, suspend, or revoke your registration or ability to access
or use the Services with or without prior notice, if you violate this Agreement.
Please review our "Privacy Policy" which also governs your use of the
Services, to understand our practices regarding the personally
identifiable information about you that we collect through the Services. The
terms and conditions of the Privacy Policy are incorporated
herein and made a part of this Agreement.
We reserve the right to amend these Terms of Use at any time. These Terms of
Use are intended to apply internationally to residents located throughout the
world.
Use and Responsibility
The Services are made available to you for your use. You must provide
current, accurate identification, contact, and other information that may be
required as part of the registration process and/or continued use of the
Services. You are responsible for maintaining the confidentiality of the login
details to your account and are responsible for all activities that occur in
your account.
You agree that all information provided by you to this Website is true,
accurate, current and complete. You agree to be responsible for all statements
or materials posted by you under your account. We take no responsibility for any
content posted by you or any other party for any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography or profanity you may
encounter. We reserve the right in our absolute discretion to remove or edit any
statements or materials without notice. We also reserve the right to refuse to
provide the Services to you at any time without notice for any reason.
Your Obligations
You must use the Website in a responsible manner. You are responsible for all
content you upload, download or copy, distribute and display using the Services.
You must not:
- use the Website for any activities or post or transmit via the Website, any
information or materials which breach any laws or regulations, infringe a third
party’s rights, or are contrary to any relevant standard or codes;
- use the Website to post or transmit any materials that are obscene,
offensive, blasphemous, pornographic, menacing, abusive, an invasion of privacy,
defamatory, libellous, vulgar or similarly objectionable;
- use the Website to post or transmit any material which interferes with other
members or defames, harasses, threatens, menaces, offends or restricts any
person or which inhibits any user from using the Website;
- use the Website to post or transmit content which infringes any copyright,
trade mark, patent or other intellectual property right or any moral right or to
cause the unlawful distribution of copyrighted content or illegal content;
- use the Website to send unsolicited email messages;
- in any way tamper, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or
via the Website;
- attempt any of the above acts or facilitate or assist another person to do
any of the above acts.
Intellectual Property Notice
Copyright: All content included on this Website, but not
limited to text, design, graphics, photographs, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the property
of or licensed by Transconnect, its clients or its suppliers and protected by Australian and
international copyright laws. The content on this Website is the exclusive
property of Transconnect, its clients or its suppliers and protected by Australian and international copyright
laws. All software used on this Website is the property of Transconnect or its
suppliers and protected by Australian and international copyright laws.
Trade Marks: Transconnect graphics, logos, page headers, scripts, and service names are exclusively the trade marks or
registered trade marks of Transconnect in Australia and/or other countries.
Transconnect trade marks may not be used in connection with any product or
service that is not Transconnects, in any manner that is likely to cause
confusion among members, or in any manner that disparages or discredits
Transconnect. All other trade marks not owned by us that appear on this Website
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Transconnect.
Patents: One or more patents owned by Transconnect may apply
to this Website and to the products and services accessible via the Website.
Licences and Submissions: The Services may offer features
that allow members to communicate with others such as by way of electronic mail,
text, images, photographs, audio, video, or material in any other form
(collectively, “Idea Submissions”). By submitting
communications or content to this Website, you agree that Idea Submissions are
non-confidential for all purposes and non-proprietary. If you make any such
submission, you automatically grant (without compensation or further obligation)
and warrant that the owner of the information contained in your submission has
expressly granted us (without compensation or further obligation) a
royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, and display the communication or information in any media
or medium, or any form, format, or forum now known or developed in the future (the
Specified Acts). You agree that we may sublicense our rights to the
contribution or materials you provide on the Website and you warrant that any
such materials and information are original with you, or that you have the right
to submit such materials and information. You give us a genuine consent to deal
with any moral rights that arise in the Idea Submissions for the Specified Acts
and not to challenge, contest or deny the validity of this consent. We will be
entitled to unrestricted use of the submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
submissions, including the right to publish on the Website or elsewhere and to
use the submission, including any suggestions, ideas, etc. contained within. You
agree that you shall have no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your communication
to us. In addition, as part of this Agreement, you represent that you have read
and agree to abide by the Forum Rules.
Limited Licence: Transconnect does not grant you a licence
and does not permit you to use any of the trade marks or logos, whether
registered or unregistered, that are displayed on the site without the express
written permission of the trademark owner. Except for content you have posted or
provided via the Services, or unless expressly permitted, you may not copy,
reproduce, modify, republish, frame, distribute, transmit, publish, upload to a
third party, post, enter into a database, display, perform, modify, create
derivative works, transmit, the content of this Website or in any way exploit
any part of the Services. You may view this Website and its contents using your
web browser. In visiting the Website, you are able to save an electronic copy of
the Website by means of the usual operation of your web browser only.
Restrictions on use
You must not use the Website in any manner or for any purpose which is
unlawful or in any manner which violates any of our rights which are prohibited
by these Terms of Use. You agree that you will not upload or transmit any
communications or material of any type that infringe or violate any laws or the
rights of any party. In the event of any abusive or otherwise illegal activity
on your account, we may, in our sole discretion, suspend or terminate your
account without notice to you.
Advertising, Third Party Content and Links to Third Party Websites
The Website may contain hyperlinks and other pointers to Internet Websites
operated by third parties. We do not control these linked Websites and are not
responsible for the contents of any linked Website or any hyperlink contained in
a linked Website. The links are provided solely for your convenience and do not
indicate, expressly or impliedly, any endorsement by us of the site or the
products or services provided at those sites. You link to any such Website
entirely at your own risk.
Some of the content provided on the Website may relate to products, services
or information supplied from third parties. We are not responsible for the
accuracy of third party content or the suitability or quality of these products,
services or information from these third parties. You should contact the
relevant third party directly to enquire about the products, services or
information provided. The third party products, services and information are not
provided or endorsed by us and your legal relationship is with the third party
supplier.
We may receive fees and/or commissions from the third parties for displaying
their information on the Website. You acknowledge and consent to us receiving
these fees.
No reliance on Information
All information contained on the Website, including information relating to
third parties, is for information purposes only. We attempt to be as accurate as
possible. However, we do not warrant that content on this Website is accurate,
complete, reliable, current, or error-free.
Other Businesses
We may provide links to the websites of affiliated companies and certain
other businesses. We are not responsible for examining or evaluating, and we do
not warrant the offerings of, any of these businesses or individuals or the
content of their websites. We do not assume any responsibility or liability for
the actions, product, and content of all these and any other third parties. You
should carefully review their privacy statements and other conditions of use.
Security
We take all reasonable precautions to protect our members’ information. When
corporate members submit sensitive information via the Website, information is
protected both online and off-line. When our registration asks users to enter
sensitive information, that information is encrypted and is protected with
Secure Socket Layer (SSL) encryption software. While on a secure page, the lock
icon in the address bar of Web browsers such as Microsoft Internet Explorer,
Firefox, Google Chrome and Safari becomes locked, as opposed to un-locked, or
open, when you are just browsing the Website.
Indemnity
By using this Website, you agree to indemnify Transconnect from and against
all actions, claims, suits, demands, damages, liabilities, costs or expenses
(whether in tort or in contract including and without limitation, negligence)
arising out of or in any way connected to the use of the Website by you.
Disclaimer
Some legislation such as the Australian Competition and Consumer Act 2010
(Cth) and other similar consumer protection laws and regulations in other
countries may confer you with rights and remedies relating to the provision of
goods or services to you by us via the Website which cannot be excluded,
restricted or modified (your ‘Statutory Rights’). We exclude
all conditions and warranties implied by custom, law or statute save for your
Statutory Rights.
Save for your Statutory Rights, in respect of the Website:
- All material on the Website is provided to you without warranties of any
kind, either express or implied;
- We expressly disclaim all warranties of any kind;
- We do not warrant that the functions contained in any material on the
Website or your access to the Website will be uninterrupted or error free, that
any defects will be corrected or that the Website or the server which stores and
transmits material to you are free of viruses or any other harmful components;
- We do not warrant or make any representation regarding your access to, or
the results of your access to, the Website including its correctness, accuracy,
timeliness, completeness, reliability or otherwise;
- You solely assume the entire cost of any necessary verification,
maintenance, repair and/or correction of any relevant information contained on
the Website.
To the extent permitted by law, including but not limited to any act or
omission on our part, we will not be liable for any loss, damage, costs or
expense whether direct, indirect, incidental, special and/or consequential,
including loss of profits, suffered by you or claims made against you which
result from any use or access of, or any inability to use or access, the
Website.
You expressly acknowledge that we do not exert control over users of the
Internet and are not liable for damage suffered by you, either directly or
indirectly, as a result of you accessing the Website.
Limitation of Liability
To the extent permitted by law, our liability for breach of any statutory
guarantee or condition which cannot be excluded by the Terms of Use is limited,
at our option, to one or more of the following:
- In the case of services supplied by or offered by us:
- the replacement of the services or the supply of equivalent goods;
- the payment of the costs of replacing the services or acquiring equivalent
goods;
- the payment of the costs of having the services supplied.
Privacy
Every time you use the Website, information is collected by our service or on
our behalf via services such as Google Analytics. Types of information collected
include:
- The date and time of your visit to our Website and online software;
- Your IP address;
- The address of the documents you access;
- The type of browser and operating system you are using; and
- Any address of a recurring site and any other website you are about to
visit.
The information that will be collected provides us with details about how the
Website will be used including the frequency and duration of visits, and which
web pages you have accessed on the website. We will not collect any personal
information which may reveal racial or ethnic origin, political opinions,
philosophical beliefs, trade union membership, sexual activity or sexual
orientation.
The Website uses cookies. Cookies are pieces of information that websites
send to the browser and are stored in the computer hard-drive. Cookies make
using this website easier by storing information about your preferences on this
Website. This allows the site to be tailored to you on any of your return
visits. Cookies will not identify you personally. If you would prefer not to
receive cookies, you can alter your security settings on your web browser to
disable cookies or to warn you when cookies are being used. However, by
disabling the cookie function in your web browser you may impede your ability to
use parts of the site.
We may utilise certain third party advertising services (e.g. organisations
such as FastClick or Google) to display advertising for our advertisers. These
third party services may place a cookie on your computer for the purposes of ad
tracking and presentation. We do not share personally identifiable visitor
information with its advertising services.
If you have any concerns or questions regarding your privacy on the Website,
please contact us by telephone on +612 9756 0144 or send any questions or
queries via our email address: support@consignmentsonline.com.au .
Miscellaneous
We rely upon your continued observance of these Terms of Use. In the event
that we suffer loss or damage or incur any costs associated with any breach of
these Terms of Use or any associated legal obligation, you agree to indemnify us
for those losses, damages and costs.
These Terms of Use are governed by and construed in accordance with the laws
of the State of Queensland, Australia. You irrevocably and unconditionally
submit to the non-exclusive jurisdiction of the Courts of the State of
Queensland and Courts of Appeal from them for determining any dispute concerning
these Terms of Use.
We do not make any claims that the information contained on the Website is
appropriate or may be downloaded in all areas, countries or jurisdictions.
Access to the information contained in the Website may not be legal by certain
persons or in certain countries. If you access the Website you do so at your own
risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of these Terms of Use is found to be invalid or
unenforceable by a Court of Law, such invalidity or unenforceability will not
affect the remainder of the agreement which will continue in full force and
effect.
We reserve all rights not expressly granted by us under these Terms of Use.
If we do not act in relation to a breach of these Terms of Use by you, this does
not waive our rights to act with respect to subsequent or similar breaches of
these Terms of Use by you.
Termination
These Terms of Use are effective until terminated by us. We may terminate
these Terms of Use and your access to the Website at any time without notice. In
the event of termination, all restrictions imposed on you by these Terms of Use
and/or disclaimers and limitations of liability set out in these Terms of Use
will survive.