Terms of Use
Access to and use of this website is subject to you agreeing to the following Terms of Use. If you do not agree, you must not use this website.
Terminology
In these Terms of Use references to:
(a) ‘we’, ‘us’ and ‘our’ mean Eyes Open Social Media Pty Ltd (ACN 612 745 105) and its related entities;
(b) Link means a hyperlink, using any mechanism, from a location to another location on the internet;
(c) Website means the website located at www.eosms.com.au.
Specific warnings You must ensure that your access to the Website is not illegal and/or prohibited by laws which apply to you.
You must not:
(a) upload to the Website content which; and/or
(b) provide Links to the Website from any website that contains content that:
1. will subject us to an action for breach of any law, including any action for defamation and/or intellectual property rights infringement; and/or
2. is not in conformity with accepted standards of public decency and good taste.
You will take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code and/or other forms of interference which may damage your computer system.
Whilst we have no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy and/or completeness of that information, nor do we undertake to keep the Website updated. The Website provides general information only, and is not intended to provide a solution to any specific problem or
to any particular circumstance relevant to you, or otherwise to be relied on for any purpose.You should obtain professional advice before relying on any information on the Website.
We may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. Alternative terms may apply to purchases of goods or services and to specific portions or features of the Website, including promotions or other similar features. If alternative terms apply to purchases of goods or services and to specific portions or features of the Website, our
obligations (if any) are governed by those alternative terms, and nothing on this Website should be construed to alter such agreements.
Responsibility for the content of advertisements appearing on the Website, and for the
content on Linked advertisers’ websites, rests solely with the advertisers. The inclusion of
advertisements, or Links to advertisers’ websites, on the Website does not constitute a
recommendation and/or endorsement by us of the advertisers’ goods and/or services, and
each advertiser (and not us) is responsible for any representations made in connection with
its advertisement.
Disclaimer
To the extent permitted by law:
1. we do not accept responsibility for any loss (including loss of business profits, revenue, opportunity, goodwill, or anticipatory profits or business interruption, loss of data or any indirect or consequential loss) and/or cost (including legal cost), however caused (including through negligence and/or wilful misconduct) which you may directly and/or indirectly suffer and/or incur in connection with your use of and/or reliance on:
(a) the Website;
(b) any Linked website; and/or
(c) information accessed at and/or through the Website and/or any Linked website, whether or not legal proceedings are instituted;
2. any condition, warranty, right or liability which would otherwise be implied into these
Terms of Use is excluded;
3. where legislation implies any condition and/or warranty and prohibits us from excluding and/or modifying the application of, and/or excluding our liability under, that condition and/or warranty, that condition and/or warranty is deemed to be included, but our liability for a breach of that condition and/or warranty is limited to:
(a) if and to the extent the breach relates to goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; and/or
(b) if and to the extent the breach relates to services:
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again.
Release and indemnity
You release and indemnify us and our related bodies corporate, officers, employees, agents and contractors against all actions, claims, demands, loss (including loss of business profits, revenue, opportunity, goodwill, or anticipatory profits or business interruption, loss of data or any indirect or consequential loss) and/or cost (including legal cost), directly and/or indirectly suffered and/or incurred as a result of:
1. a breach by you of these Terms of Use;
2. your use of Links to our content; and
3. your use of the Website and/or our content, whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner and/or nature of any settlement, compromise and/or determination.
Security
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the
security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
If we provide you with any password and/or account, you agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account and/or your account.
Intellectual property rights
Intellectual property rights in the Website are owned and/or licensed by us. Subject to anything to the contrary expressly stated in these Terms of Use (or to you making an express agreement with us separately), we do not grant you any right to use in any way any intellectual property used in, on or by the Website.
Linking
Subject to your observance of these Terms of Use, we grant you a revocable, non-transferable and non-exclusive right to provide Links to the Website. In consideration of being granted permission to access the Website and any other rights granted to you by these Terms of Use, you undertake:
(a) not to copy, reproduce, translate, adapt, vary and/or modify any information accessible via the Website (“Material”) without our express consent, except as expressly authorised by these Terms of Use; and
(b) in respect of your use of any Material:
(1) not to bring us, our related bodies corporate, our goods, our services and/or our officers and/or employees into disrepute;
(2) to use active Links to Material (ie Links which operate correctly to enable a user of the Link to access the Material);
(3) not to use:
(i) any Link to a web page or internet location that is part of the Website other than a Link to the home page of the Website; and/or
(ii) any method or mechanism of Linking which results in Material appearing to be:
A. part of the website containing the Link; and/or
B. not part of the Website;
(4) not to use any process by which a webpage containing Material will be returned in the search engine results when a search is conducted for a competitor’s brand and/or identity, and/or vice versa;
(5) to use Material in the form in which it is provided;
(6) not to alter, amend, redraw, distort, animate and/or tamper with any of the Material in any way;
(7) to retain any copyright and/or trade mark symbols that appear in the Material;
(8) to supervise and control the use of Material in accordance with these Terms of Use;
(9) to ensure your employees, contractors and/or other agents who have authorised access to the Material are made aware of, and comply with, these Terms of Use;
(10) not to use the Material in a manner that gives the impression and/or represents that any person, organisation and/or event is in any way related to, sponsored by and/or affiliated with us; and/or
(11) to comply, within a reasonable time, with any demand or request by us in relation to your use of Material.
The Website may contain Links to other websites. Those Links are provided for convenience only and may not remain current, and/or those other websites may not be maintained and/or kept up to date. We are not responsible for the content, privacy practices and/or other activities of Linked websites.
Our Links to Linked websites do not represent, and should not be construed as, an endorsement, approval and/or recommendation by us of the owners and/or operators of those Linked websites, or of any information, graphics, materials, goods or services referred to on or contained in those Linked websites, unless and to the extent expressly stipulated to the contrary.
Privacy collection statement
We may collect personal information about you, including the information you provide upon accessing and/or using the Website (including information provided without your knowledge by the device you use to access the Website).
We collect this information for the purpose of:
1. providing the Website, and other services you request, to you;
2. facilitating our internal business operations, including the fulfilment of any legal requirements;
3. analysing our services and customer needs with a view to developing new and/or improved services; and/or
4. providing you with information about other services we offer (“Secondary Purposes”).
At any time, you may notify us you do not want us to use your personal information for Secondary Purposes by contacting our privacy officer by any of the following methods:
Email address: [email protected]
Postal address: 54 Lorward Avenue, Bardon QLD 4065
Please allow a reasonable time for your preference to be implemented.
We may disclose this information to:
(a) service providers who assist us in operating our business, including a service provider in the USA;
(b) a purchaser of the assets and operations of our business, providing those assets and operations are purchased as a going concern; and/or
(c) our related bodies corporate.
If the personal information you provide to us is incomplete and/or inaccurate, we may be unable to process any order you place and/or be unable to provide you with information and/or the services you seek.
You should also read our privacy policy, which explains how we will deal with your personal information, including how you may access, and seek correction of, your personal information held by us, how you may complain about any breach of the Australian Privacy Principles (or any applicable registered APP Code) and how we will deal with your
complaint.
Amendments to Terms of Use
We reserve the right to amend these Terms of Use from time to time. Amendments to these Terms of Use will be effective immediately upon posting on the Website. Your continued use of the Website following such posting will represent your agreement to be bound by these Terms of Use as amended.
Termination of access
Access to the Website may be terminated at any time by us without notice. The provisions of these Terms of Use which by their nature are capable of surviving the termination of access to the Website, including our disclaimer and the release and indemnity, will nevertheless survive any such termination. Termination of access to the Website will be without prejudice to any accrued rights or obligations.
General
You agree we are not liable for any failure to comply with these Terms of Use where that failure is due to circumstances beyond our control.
If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights are, or will be automatically, waived on any other occasion.
If any of these Terms of Use are held to be invalid, unenforceable and/or illegal for any reason, the remaining Terms of Use will nevertheless continue in full force.
Governing law
These Terms of Use will be governed by and construed according to the laws of the State of Queensland and the Commonwealth of Australia. You irrevocably submit to the jurisdiction of the courts of the State of Queensland and the Commonwealth of Australia.