By accessing or otherwise using this website (Website), you agree to be bound by these Terms and Conditions of Use. This Website is owned and operated by Broadsheet Media Pty Ltd (ACN 131 593 201) (Broadsheet Media, we, us, our). You acknowledge that Broadsheet Media provides access to the Website to you subject to these Terms and Conditions of Use.
If you are a business owner you covenant and agree that:
a) Broadsheet Media is a platform service provider;
b) to the maximum extent permitted by law, Broadsheet Media will not be liable or responsible for any comments or reviews posted on the Website by anyone;
c) any issue or potential legal claim arising from, in relation to or connected with comments or reviews posted on the Website must be resolved between you and the person who has posted or made the comment or review;
d) you release Broadsheet Media from any claims, liability, demands, loss, causes of action, suits and costs arising from or connected with any comments or reviews posted on the Website including without limitation any comments or reviews negative to your business and/or which you believe are untruthful or unreasonable.
e) The provisions of these Terms and Conditions of Use (and in particular this clause 15) may be pleaded by Broadsheet Media as a complete bar and defence to any claims, liability, demands, loss, causes of action, suits and costs arising from or connected with any comments or reviews posted on the Website.
a) is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading;
b) infringes anyone else’s rights (including intellectual property rights);
c) impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Broadsheet Media considers to be inappropriate;
d) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms and Conditions of Use;
e) violates any law, statute or regulation;
f) forges information to disguise the origin of any User Content; or
g) encourages or incites any other person to engage in any of the above behaviour.
You grant to Broadsheet Media a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the copyright you have in any User Content, in all media now known or not currently known. By submitting User Content, you also consent to any dealings with your User Content that may otherwise infringe your moral rights. Broadsheet Media may copy any User Content, cause it to be seen and/or heard in public, and communicate it to the public. We may also allow third parties to do these things.
You agree that, to the maximum extent permitted by law, Broadsheet Media is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
a) the use of the Website;
b) the use by Broadsheet Media of information provided by you to Broadsheet Media through the Website;
c) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
d) the use of your Website password by you or any third party to whom you have made the password available.
Subject to the Competition and Consumer Act 2010, Broadsheet Media expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Broadsheet Media's sole discretion):
a) in the case of goods, any one or more of the following:
i) the replacement of the goods or supply of equivalent goods;
ii) the repair of the goods;
iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
iv) the payment of the costs of having the goods repaired; and
b) in the case of services:
i) the supply of the services again; or
ii) the payment of the cost of having the services supplied again.
You indemnify Broadsheet Media against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Broadsheet Media, arising from, or which is directly or indirectly, related to:
a) your breach or non-observance of any term of these Terms and Conditions of Use; or
b) any breach or inaccuracy in any representations or warranties made to Broadsheet Media.
Broadsheet Media may, at any time, terminate its legal agreement with you if:
a) you have breached any provision of these Terms and Conditions of Use or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms and Conditions of Use; or
b) Broadsheet Media is required to do so by law (for example, where the provision of products and services to you through the Website is, or becomes, unlawful).
Last updated: February 2016
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