| 1 | Clan Davidson in Australia™ WEB SITE - TERMS OF USE |
| 1. | The Clan Davidson Society in Australia Inc (incorporated association number A0040729M) (CDSA, we, us, or our, as the context requires) welcomes you to the original CDSA™-AUS™ internet community, which may incorporate databases, shopping carts, information, and links to lots of other valuable resources at http://clandavidson.org.au (the Site). |
| 2 | ACCEPTANCE OF TERMS |
| 2.1 | We only provide the Site subject to the following terms of use (TOU). |
| 2.2 | Before you access the Site, it is important that you understand and agree to the TOU, which include a licence governing the use of any necessary software used in connection with the Site, including but not limited to the software known as CDSAweb™ (see section 13). |
| 2.3 | We will be changing the TOU from time to time without notice to you. You must regularly review the latest version of the TOU, as it will be the terms upon which you access the Site at all times. The most recent version of the TOU can be seen in this Terms and Conditions Page. You should bookmark the page so that you may conveniently review the TOU when you use the Site. |
| 2.4 | In addition, when using particular services accessible from the Site, you and we will be subject to the most up to date version of any terms of use, guidelines or rules that are posted as applying to those services and are hereby incorporated by reference into the TOU. |
| 2.5 | Please contact us at
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or 155 Underwood Street, Padddington NSW 2021 Australia if you see anything that violates the TOU. |
| 3 | INFORMATION AT THE SITE |
| 3.1 | The Site presents information provided by members. We make no representations as to the accuracy of the information presented at or via the Site that has not expressly originated with us. We do not prepare, nor take any responsibility for, the content or any other aspect of sites that are linked to the Site (Linked Sites). |
| 3.2 | By using the Site you agree that CDSA and any of its subsidiaries or related bodies corporate or any of their members, employees or agents are not responsible for: | a) | the accuracy or otherwise of the information displayed or omitted from the Site or Linked Sites; | | b) | any person's reliance on the information presented on the Site or on the Linked Sites; | | c) | any loss in connection with the use of the Site or any Linked Site. | |
| 4 | REGISTRATION INFORMATION |
| 4.1 | You agree to: | a) | submit only true, accurate, current and complete information about yourself as prompted by the Site's registration procedure (the Registration Data); and | | b) | maintain and regularly update the Registration Data to keep it true, accurate, current and complete. | |
| 4.2 | This includes an obligation on you to notify us immediately if the Registration Data becomes non-current due to a new situation, and to modify the Registration Data to reflect the new situation. |
| 4.3 | As part of the Registration Data, you must provide us with some personal information, including your name, email address, and other information as requested by processes at the Site as you interact with the Site, for example to submit information to the Site or to purchase an item via our shopping cart. If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect that you have provided such information, we may suspend or terminate your account and refuse any and all current or future use of the Site, or part of it. |
| 5 | PRIVACY POLICY |
| 5.1 | Registration Data and certain other personal information about you are subject to our Privacy Policy. For more information, please see our full privacy policy which is accessible at the Site. |
| 6 | USER ACCOUNT, PASSWORD AND SECURITY |
| 6.1 | After you complete the user registration process at the Site, you will receive a user password and account name to access the Site. You agree that: | a) | you are responsible for maintaining the confidentiality of your password and account; | | b) | you are fully responsible for all activities that occur under your password or account; | | c) | you must immediately notify CDSA and the WebMaster of any unauthorised use of your password or account or any other breach of security; | | d) | you must create no more than one user account at the Site; | | e) | you will exit from your user account at the end of each session at the Site; | | f) | we, or our agents, may require access to your user account to respond to service or technical issues; | | g) | you agree that we may send emails, newsletters and other information to you by email, post or fax. | |
| 7 | USER CONDUCT |
| 7.1 | You understand and agree that: | a) | all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials, whether confidential or otherwise (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated; | | b) | you are prohibited from advertising or offering to sell or buy any goods or services, except as expressly permitted in these TOU. | | c) | you do not have a right to: | i. | transmit Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party; | | ii. | transmit Content that is or includes unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes," surveys, contests or any other form of solicitation, except in those areas of the Site (such as shopping rooms) that are designated for that purpose; | | iii. | transmit Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; | | iv. | transmit Content that harms minors in any way; | | v. | impersonate any person or entity, including without limitation a CDSA representative or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity; | | vi. | create a false identity for the purpose of misleading others as to your identity or the originator of a message; | | vii. | forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Site; | | viii. | disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; | | ix. | interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; | | x. | attempt to gain unauthorised access to the Site, other user accounts, computer systems or networks, through password mining or any other means; | | xi. | intentionally or unintentionally violate any applicable law including without limitation laws of Australia and New Zealand and any regulations having the force of law; | | xii. | "stalk" or otherwise harass another; | | xiii. | interfere with another user's use and enjoyment of the Site; | | xiv. | collect or store personal data about other users of the Site; or | | xv. | make any unauthorised commercial use of the Site. | | |
| 7.2 | You also acknowledge and agree that: | a) | we do not generally pre-screen or monitor Content or use of the Site, but that we and our designated agents have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Site. | | b) | you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. | | c) | we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that preservation or disclosure is reasonably necessary to: | i. | comply with an obligation; | | ii. | enforce the TOU; | | iii. | respond to claims that any Content violates the rights of third parties; or | | iv. | protect the rights, property, personal safety, or business interests of CDSA, users of the Site or the public. | | | d) | the technical processing and transmission of the Site, including your Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. | |
| 8 | INDEMNITY AND RELEASE |
| 8.1 | In many situations, we allow users the freedom to use the Site and therefore have no control over the Content of the Site. You agree to indemnify and hold CDSA, its officers, members, subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of: | a) | Content you submit, post to or otherwise transmit through the Site, | | b) | your use of or connection to the Site, | | c) | your violation of the TOU, or | | d) | your violation of any other's rights. | |
| 9 | GENERAL PRACTICES REGARDING USE AND STORAGE |
| 9.1 | You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. |
| 9.2 | You acknowledge that CDSA: | a) | is entitled to log off any account that is inactive for an extended period of time; | | b) | is entitled to change these general practices and limits at any time, | | c) | may, in its absolute discretion, with or without notice to you delete, modify or otherwise deal with any Content stored at the Site and any of your user profile information or account at the Site. | |
| 10 | MODIFICATIONS AND DISCONTINUANCE |
| | We reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or to any third party. |
| 11 | USER ACCOUNT TERMINATION |
| 11.1 | You agree that CDSA may, in its sole discretion and with or without notice to you, terminate your password, account or use of the Site (or any part), and remove and discard any Content within the Site for any reason including without limitation, where your employer notifies us that you have ceased employment. |
| 11.2 | You agree that CDSA may in its sole discretion and at any time discontinue providing the Site, or any part, to you with or without notice, and without liability to you or any third parties. |
| 11.3 | You agree that termination of your access to the Site under any provision of these TOU may occur without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/ or bar any further access to such files or the Site. |
| 11.4 | If your account or access to the Site is terminated for any reason, you must immediately cease using the Site and Software. Termination does not affect any of our accrued rights or liabilities. |
| 12 | DEALINGS WITH THIRD PARTIES |
| 12.1 | Your communications or dealings with, or participation in promotions of, third parties found at or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant third parties. |
| 12.2 | You agree that CDSA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site. |
| 13 | CDSA PROPRIETARY RIGHTS |
| 13.1 | You acknowledge and agree that: | a) | the Site and any necessary software used in connection with the Site, including but not limited to the software known as Tiasweb™, (the Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws; and | | b) | the Content contained in sponsor advertisements or information presented to you via the Site or via third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. | |
| 13.2 | Except as expressly authorised by CDSA or third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. |
| 13.3 | We grant you a personal, non-transferable, non-exclusive and revocable right and licence to use the object code of the Software on a single computer, provided that you take all necessary precautions to prevent the unauthorised use of the Software and the documentation relating to it and do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You may only use the Software to carry out the functions described in the documentation (if any) for the Software. You must not allow any third party to use the Software. You must ensure that anyone who has access to the Software is first made aware of our rights. You must indemnify us against any loss or damage which we suffer as a result of any unauthorised use |
| 13.4 | You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorised access to the Site. |
| 13.5 | You agree not to access the Site by any means other than through the interface that is provided by CDSA for use in accessing the Site. |
| 14 | DISCLAIMER OF WARRANTIES |
| 14.1 | You expressly understand and agree that: | a) | your use of the Site is at your sole risk; | | b) c) | the Site is provided on an "as is" and "as available" basis; third parties may engage in unauthorised acts using information about you they obtain from the Site.. | |
| 14.2 | We expressly disclaim all warranties of any kind capable of exclusion whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement. |
| 14.3 | We make no warranty that: | a) | the Site will meet your requirements; | | b) | the Site will be uninterrupted, timely, secure, or error-free; | | c) | the results that may be obtained from the use of the Site will be accurate or reliable; | | d) | the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; and | | e) | any errors in the Software will be corrected. | |
| 14.4 | Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. |
| 14.5 | No advice or information, whether oral or written, obtained by you from us or through or from the Site shall create any warranty not expressly stated in the TOU. |
| 15 | LIMITATION OF LIABILITY |
| 15.1 | You understand and agree that we, our related bodies corporate and the employees and agents of each are not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if we have been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of: | a) | the use of, or the inability to use the Site; | | b) | the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Site; | | c) | unauthorised access to or alteration of your transmissions or data; | | d) | statements or conduct of any third party on the Site; or | | e) | any other matter relating to the Site. | |
| 15.2 | If you are a resident of Australia, you agree that to the extent permitted by law our liability for any breach of a condition or warranty which must be implied into the TOU by the Trade Practices Act 1974 is limited: |
| 15.2.1 | in the case of the supply of goods, to: | a) | the replacement of the goods of the supply of equivalent goods; | | b) | the repair of the goods; | | c) | the payment of the cost of replacing the goods or of acquiring equivalent goods; or | | d) | the payment of the cost of having the goods repaired. | |
| 15.2.2 | in the case of the supply of services, to: | a) | the supplying of the services again; or | | b) | the payment of the cost of having the services supplied again. | |
| 15.3 | If you are a resident of New Zealand, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the Site or the TOU. |
| 15.4 | In no event will we or our suppliers be liable for any loss of profits, cost of cover, loss of data, or any special, incidental, indirect or consequential (or similar) damages under the laws of any jurisdiction, however caused and on any theory of liability (including negligence) arising out of or related to your use of the Site. |
| 16 | EXCLUSIONS AND LIMITATIONS |
| 16.1 | Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. So some of the limitations in the TOU may not apply to you. |
| 17 | NOTICE |
| 17.1 | Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received - | a) | if delivered by hand, when delivered; | | b) | if delivered by prepaid ordinary post, on the second business day after posting; and | | c) | if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and | | d) | if delivered by email, one business day after sending. | |
| 17.2 | We may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Site. |
| 18 | TRADE MARK INFORMATION |
| 18.1 | The CDSA trade mark, and other CDSA logos and product and service names are trade marks of CDSA (the CDSA Marks). |
| 18.2 | You agree not to display or use the CDSA Marks in any manner without our prior permission. |
| 19 | COPYRIGHT |
| 19.1 | We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know. |
| 19.2 | When using the Site you may provide us with information about yourself or other matters. You grant us rights to use or otherwise exploit all of this information, and all information derived or generated from it, in all existing or future media. These rights include without limitation the right to search the information, and to repackage and market it to anyone for any reason. |
| 19.3 | As used in this clause 19, information includes but is not limited to data, text, photographs, drawings, sound recordings, feedback, and any other information or data displayed or presented by you on the Site. |
| 20 | GENERAL INFORMATION |
| 20.1 | The TOU constitute the entire agreement between you and us, and governs your use of the Site, superseding any prior agreements between you and us. |
| 20.2 | You will be subject to additional terms and conditions that may apply when you use the Linked Sites, affiliate services, third party content or third party software. |
| 20.3 | The TOU and the relationship between you and us is governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New South Wales. |
| 20.4 | Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision. |
| 20.5 | If any provision of the TOU is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. |
| 20.6 | You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one year after the claim or cause of action arose, or be forever barred. |
| 20.7 | There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between CDSA and any user of the Site. |
| 20.8 | Your rights and obligations under the TOU are personal and may not be assigned or dealt with in any way without our permission , and which may be withheld in our absolute discretion. |
| 20.9 | Headings in the TOU are for convenience only and do not affect interpretation. |
Terms of use 
