1. ACCEPTANCE OF TERMS
engagementtimes.com.au is an Internet-based Web site that consists of advertising
options for Wedding Reception Venues, Restaraunts, Destination Wedding Locations,
Hotels, Wedding Celebrants and Churches. HUBdigital, doing business as engagementtimes.com.au,
(hereafter "HD" or "RS"), provides the Services subject
to the terms and conditions set forth in this Terms Of Service ("TOS").
By completing the registration process and clicking the "accept"
button, you are indicating your agreement to be bound by all of the terms
and conditions of the tos.
2. CUSTOMER INFORMATION
Any information that you provide to engagementtimes.com.au or HUBdigital.com,
together with information regarding the manner in which you use engagementtimes.com.au
or HUBdigital.com, as well as any information that you upload to the ReceptionSearch
or HUBdigital "service", will be displayed on the engagementtimes.com.au,
ChristmasParties.com.au, FunctionSearch.com.au websites or HUBFLIX Digital
postcards, as permitted by this Agreement
By becoming a subscriber, or accepting a complimentary offer, you agree
that engagementtimes.com.au or HUBdigital.com may share with other parties
both aggregate information and limited individual information gathered during
your use of engagementtimes.com.au, ChristmasParties.com.au, FunctionSearch.com.au
or HUBFLIX Digital Postcards. "Aggregate information" is information
that describes the habits, usage patterns and/or demographics of Customers
as a group but does not indicate the identity of particular Customers. "Individual
information" is information about a Customer presented in a form distinguishable
from information relating to other Customers but not in a form that enables
the recipient to personally identify any Customer. Please read our entire
privacy policy for complete details.
3. OWNERSHIP; CONTENT
ReceptionSearch and/or HUBdigital wholly own all articles, illustrations,
programs, services, processes, designs, software, technologies, trademarks,
trade names, inventions, and materials comprising engagementtimes.com.au,
ChristmasParties.com.au, FunctionSearch.com.au, HUBdigital.com and HUBFLIX
Digital Postcards.
4. PRIVACY POLICY
See the Privacy Policy for information on ReceptionSearch policies regarding
user information.
5. ACCEPTABLE USE
engagementtimes.com.au reserves the right to revoke with a minumum of 7
(seven) days notice: for any advertisement or advertising component uploaded
to the engagementtimes.com.au service that, in engagementtimes.com.au's
judgement, has been used for the following activities (but not limited to):
engagementtimes.com.au - ChristmasParties.com.au -
FunctionSearch.com.au
transmitting Unsolicited Commercial Email (UCE)
transmitting bulk email
Denial of Service attacks of any kind
copyright infringement
failure to provide legitimate contact information
misrepresentation of engagementtimes.com.au's services
reselling or attempting to resell engagementtimes.com.au's services (other
than Preferred Supplier modules)
unlawful or illegal activities of any kind
causing lossage or creating service degradation for other engagementtimes.com.au's
users whether intentional or inadvertant.
HUBFLIX Digital Postcards
Digital Postcards are designed to transmit information from Brides and Grooms,
Party guests, Function and Conference goers to their friends and family
in relation to an event.
In addition to this primary usage, HUBFLIX Digital Postcards are for the
self promotion of Reception Venues, Function Venues, Conference Venues,
Restaurants and any other location that caters to gatherings of people for
events.
Any information disseminated via the HUBFLIX Digital Postcard system bares
no acceptance of liability in relation to content, destination or quantity
on behalf of HUBdigital.com, engagementtimes.com.au, ChristmasParties.com.au
or FunctionSearch.com.au.
HUBFLIX Digital Postcard email out quantities are subject to our fair usage
policy, which states;
- Purchasing a HUBFLIX Digital Postcard entitles the purchaser to send
one (1) postcard of the type nominated and paid for, to a contact list of
his/her friends, family or aquaintences. Responsibility for their actions
are absolute in that all SPAM ACT compliance in inferred by HUBdigital onto
the sender. All HUBFLIX Digital Postcards, while sent via the HUBFLIX Digital
Postcard system, will be tagged as coming from the actual sender of the
postcard and NOT HUBdigital.com.
It is recommended that approx 100 emails per postcard is deemed to be fair
usage.
6. CUSTOMER CONDUCT
Customer is solely responsible for the contents of his/her usage of Service.
Customer's use of the Service is subject to all applicable local, state,
national, and international laws and regulations. Customer agrees: (1) to
comply with Australian law regarding the transmission of technical data
through the service; (2) not to use the Service for illegal purposes; (3)
not to interfere with or disrupt networks connected to the Service; and
(4) to comply with all regulations, policies, and procedures of networks
connected to the Service. The Service makes use of the Internet to upload
and display information; therefore, Customer's conduct is subject to Internet
regulations, policies, and procedures. Customer will not use the Service
for illegal software, junk, pornography, spamming or any use of distribution
lists to any person who has not given specific permission to be included
in such a process. Customer agrees not to transmit through the service any
unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. Customer further
agrees not to transmit any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national, or international law or regulation. Attempts
to gain unauthorized access to other computer systems are prohibited. Customer
shall not interfere with another Customer's use and enjoyment of the Service
or another entity's use and enjoyment of similar services. engagementtimes.com.au,
ChristmasParties.com.au, FunctionSearch.com.au or HUBdigital.com, may, at
its sole discretion, immediately terminate Service should Customer's conduct
fail to conform with these terms and conditions of the TOS.
7. INDEMNIFICATION
The Customer agrees to indemnify and hold engagementtimes.com.au, ChristmasParties.com.au,
FunctionSearch.com.au or HUBdigital.com harmless from any dispute that may
arise from a breach of terms of this Agreement. Customer agrees to hold
engagementtimes.com.au harmless from any claims and expenses, including
reasonable attorney's fees and court costs, related to Customer's violation
of this Agreement, and including the Rules of Conduct or any information,
software or other content placed on the Service by Customer.
8. TERMINATION OF SERVICE
Customer may terminate this Agreement and User's right to use the Service
by contacting engagementtimes.com.au, ChristmasParties.com.au, FunctionSearch.com.au
or HUBdigital.com as indicated above. engagementtimes.com.au, ChristmasParties.com.au,
FunctionSearch.com.au or HUBdigital.com may terminate your account or access
rights to this Service at any time, with 7 (seven) days notice, for conduct
that engagementtimes.com.au, ChristmasParties.com.au, FunctionSearch.com.au
or HUBdigital.com believes violates this Agreement or other policies or
guidelines that engagementtimes.com.au, ChristmasParties.com.au, FunctionSearch.com.au
or HUBdigital.com has posted. engagementtimes.com.au, ChristmasParties.com.au,
FunctionSearch.com.au or HUBdigital.com may terminate your account or access
rights to this Service for online conduct that engagementtimes.com.au, ChristmasParties.com.au,
FunctionSearch.com.au or HUBdigital.com believes is harmful to other Customers,
to engagementtimes.com.au's, ChristmasParties.com.au, FunctionSearch.com.au
or HUBdigital.com business, or to other information providers.
9. CHOICE OF LAW
This Agreement shall be construed and controlled by the laws of Australia
in the State of New South Wales. Further, any dispute arising from the terms
of this Agreement or a breach of this Agreement will be governed by the
laws Australia and of the State of New South Wales. Customer agrees to personal
jurisdiction by the state and federal courts sitting in the State of New
South Wales.
10. MERGER CLAUSE
This Agreement constitutes the entire agreement between the parties with
respect to the subject matter contained herein and supersedes all previous
and contemporaneous agreements, proposals and communications, written or
oral between engagementtimes.com.au, ChristmasParties.com.au, FunctionSearch.com.au
or HUBdigital.com representatives and Customer. engagementtimes.com.au,
ChristmasParties.com.au, FunctionSearch.com.au or HUBdigital.com may amend
or modify this Agreement or impose new conditions at any time upon notice
from engagementtimes.com.au, ChristmasParties.com.au, FunctionSearch.com.au
or HUBdigital.com to Customer as published through the Service. Any use
of the Service by Customer after such notice shall be deemed to constitute
acceptance by Customer of such amendments, modifications or new conditions
11. NO RESALE OF THIS SERVICE
Customer's right to use the Service is personal to Customer. Customer agrees
not to resell or make any commercial use of the Service without the express
consent of engagementtimes.com.au, excluding the resale of "Preferred
Supplier" modules.
12. LIMITATION OF LIABILITY AND WARRANTY
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK.
engagementtimes.com.au'S, CHRISTMASPARTIES.COM.AU, FUNCTIONSEACH.COM.AU
or HUBdigital.COM SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED
THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION
THE engagementtimes.com.au, CHRISTMASPARTIES.COM.AU, FUNCTIONSEACH.COM.AU
or HUBdigital.COM SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED
THROUGH THE SERVICE. SPECIFICALLY, engagementtimes.com.au, CHRISTMASPARTIES.COM.AU,
FUNCTIONSEACH.COM.AU or HUBdigital.COM DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES
OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES
THAT engagementtimes.com.au IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER engagementtimes.com.au NOR ANY OF ITS AGENTS, AFFILIATES
OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY
TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON THE SERVICE. CUSTOMER AGREES THAT engagementtimes.com.au
WILL NOT BE LIABLE FOR ANY LOSS OF OR USE OF CUSTOMER'S DATA, OR FOR INTERRUPTION
OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OR ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
13. FEES, PAYMENT AND TERM OF SERVICE.
As consideration for the services you have selected, you agree to pay engagementtimes.com.au,
ChristmasParties.com.au, Functionsearch.com.au or HUBdigital.com the applicable
service(s) fees set forth on our Web site at the time of your selection.
All fees are due immediately and are non-refundable. engagementtimes.com.au
may take all remedies available to collect fees owed. Unless otherwise specified,
each engagementtimes.com.au, ChristmasParties.com.au, Functionsearch.com.au
or HUBdigital.com service is for a one-year term. Any renewal of your services
with us is subject to our then current terms and conditions and payment
of all applicable service fees at the time of renewal.
14. CUSTOMER MODIFICATIONS
engagementtimes.com.au, ChristmasParties.com.au, Functionsearch.com.au
or HUBdigital.com reserves the right to seek remedy in the event of fraudulent
payment, chargeback or otherwise uncollectible fees including, but not limited
to, suspending all services rendered in said agreement.
15. AFFILIATES
engagementtimes.com.au, ChristmasParties.com.au, Functionsearch.com.au
or HUBdigital.com participate in Affiliate programs and Third Party Advertising services and are paid either an Advertising Rate, Referral Fee, Transaction Fee or Aquisition Fee in return for this advertising.
16. REFERRAL PROGRAMS
engagementtimes.com.au, ChristmasParties.com.au, Functionsearch.com.au
or HUBdigital.com pays Members, Internal Sales or Third Parties a Referral Reward for indroducing new paying Memebrs to the Service. The giving of a Referral Reward is at the discretion of HUBdigital and may be changed to suit current promotions.