2. Membership. General access to the website is provided free of charge. Your access to certain functionality may be subject to you registering on the website and/or confirming membership credentials (such as a username and password) to become a member. For example, receiving exclusive or early access to new products and offers, receiving our electronic newsletter, and contributing to any forums, chat rooms or other similar services we may provide. In becoming a member you must ensure that all information you provide us is true and accurate and remains up to date. If there are any changes to the information you have provided, you should contact us at email@example.com or, where you are able to, update your details through your membership login.
You are solely responsibility for ensuring the confidentiality of your membership credentials and the security of how you access your membership account. You agree to accept full responsibility for all use of your membership credentials. You should contact us immediately if you suspect or know of any unauthorized use of your membership credentials (such as your username and/or password). You agree to comply with all reasonable security procedures which we may require you to undertake.
If you inadvertently publish content in some circumstances you may be able to remove that content by logging into your member account. If not, please email us and we will endeavor to assist. Not all content published can be readily retracted (or retracted at all) such as if it has passed to a communication system outside of our control. Such information may be retained by our computer systems.
Do not assume we vet any person or business using the Website. We have the right (but not the obligation) to monitor use of the messaging service(s) and we may intervene in, alter, remove or prohibit content and communications as we determine to be appropriate. We do however only as a passive conduit and do not monitor material published by Website users on a constant basis.
Use caution always when giving out any information about yourself and or your business, especially if it can be used to personally identify you. Disclose any personal information at your own risk. Please assume all messaging services are not secure and exercise extreme caution.
5. Limitations on our involvement and services. At times the website may advertise different businesses. You agree that in no way: (i) do we act as an employer (of website users or members), an employment agency, broker or any type of referral service; or (ii) are we involved in any aspect of the relationship between you and any other website user – any contact or relationship you establish is purely a matter between you and that user.
6. Website functionality. The website functionality may change over time and without you receiving notice. It may include the addition or removal of content and/or products and/or services, the addition of new features or variations to existing features (such as look and feel and the user interface), and the restriction of the use of any available messaging service(s). If you are not satisfied with any changes to the website functionality, you may terminate your use of the website and this agreement (see Termination below).
8. Website security. You agree to comply with all reasonable security procedures which we may require. If you suspect or know of any unauthorized use of the website, you must contact us immediately.
9. Linking. The website may contain links to or from other external websites not operated by us ("linked sites"). The linked sites are not under our control and we are not responsible for the contents of or transmissions from any linked site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer.
Please contact us to request permission if you would like to link to, frame or mirror any part of the website or to include a link in content you provide through a messaging service. You must not proceed without our express permission. However, since we cannot control external websites linking to our website, and links should not be considered as our endorsement of any external website or business.
10. Intellectual property rights. The website, products available over the website and our communications with you may contain material that is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations. You must ensure you do not breach those rights and obligations and comply with any limitations on use, reproduction and/or dissemination. This applies to content we provide and content provided by others. You may not:
Third party intellectual property. Provision of the website, including any related content and services, may include the sublicensing of third party content, software, information systems and/or other material.
12. Warnings and Disclaimers. The provisions below are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability.
The website, including all functionality and content, are provided “as is” and may contain inaccuracies, errors and/or be out of date, may be unreliable and unsuitable for your requirements and purposes and may not provide the results you desire. Your use of the website and related services is on the basis that you assume responsibility for all associated risks, whether or not foreseen.
Where goods or services fail to meet the guarantees mandated by the ACL you may be entitled to: (i) for any major failure, a refund and compensation for your losses or damages which were reasonably foreseeable; or (ii)for a non-major failure and at our option, to have the goods (if relevant) repaired or replaced and/or to have the services (if relevant) re-supplied by us or to be reimbursed the cost of their re-supply (in both cases, at our option).
To the maximum extent permitted by law:
1. You assume all risk: your use of the website, any goods or services we provide, any messaging service(s) and any content is on the basis that you assume responsibility for all associated risks, whether or not foreseen, and that we are in no way liable or responsible except as set out in this section;
3. Limitation of liability: In summary, we limit our liability to you (or anyone else) to the lesser of the amount we have charged you (or, where no amount has been charged, $10) or the cost of us remedying any defect. This means that our total liability (including the total liability of our officers, directors, employees, agents, representatives and third party suppliers) to you or any other third party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of: (i) the fees we have charged you (or if we have not charge you any fees, $10); or (ii) the cost of us remedying any defect; and all liability in respect of any special, indirect or consequential loss or damage is excluded (except for any consequential loss which cannot be excluded by law, such as that arising under the ACL).
You also agree to waive any claim which you may otherwise have against any of our third party suppliers. To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability shall be limited to the maximum extent permitted by law.
4. Where limitation cannot legally be limited, then to the maximum extent permitted by law, our liability in respect of any claim, at our option, is limited to:
(i) in the case of goods, either the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of having the goods repaired, and
(ii) in the case of services, either the supply of the services again; or the payment of the cost of having the services supplied again.
The security of any payments made in respect of the website (such as for membership) is dependent upon the security of our third party payment systems provider(s). We in no way guarantee or make any recommendations as to the security or reliability of their systems. Any use of their payment systems is entirely at your risk and you agree that we are in no way responsible for any inadequacy in the security measures or failures in the security of the payment systems. Should you prefer, you may contact us directly on firstname.lastname@example.org to discuss any alternative payment method.
15. Termination. Termination of your membership may be of immediate effect and without any prior notice. You may do this by contacting us at email@example.com. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination. Any content you have previously provided may or may not (in our discretion) be removed following termination of this agreement.
16. Miscellaneous. You agree that notices and other communications are sent to your last advised email address. You must keep us updated with your current working email address and ensure that our emails do not get filtered to your “junk” email folder or get blocked by your firewall.
You may contact us at firstname.lastname@example.org if you are experiencing any problems with any website user. You agree however that we will never be involved in any dispute between you and any other website user.
17. Definitions. In addition to the definitions already set out: “content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website or any messaging service; “including” and “may include” mean “including but not limited to” and “may include (without limitation)” respectively; “member” means any person or business who we have accepted as a member of the website;“membership credentials” means the username, password or any other information which is used to access a membership account;“the website” means www.omika.com.au and all content residing in that domain, including the website functionality, any messaging service(s), the layout, design and underlying code and systems; “we”, “us” and “our” refers to M Dexter & O.J Dexter t/as Omika ABN 65 698 879 614;“website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; and“you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).
(Updated as at 21 October 2014)