Acceptable Use Policy
The information on this site is copyright ONLYMELBOURNE.COM.AU.
Reproduction in whole or in part or any text, photograph or illustration without the written permission of the publisher is strictly prohibited.
1. Permitted Use
Copyright and other rights that subsist in the home page and in the sub pages of the ONLYMELBOURNE.COM.AU website are owned by Ripefruit Pty Ltd.
In consideration of Ripefruit Pty Ltd allowing you to access the pages of the Site all users of the Site are deemed to accept the following terms and conditions of use:
1.1 Subject to what is said below material from the Site may be downloaded, viewed, printed, copied on the hard disk of your computer for your own personal, non-commercial purposes as a personal information resource in good faith only. Any other type of use requires the prior written agreement of Ripefruit Pty Ltd.
1.2 You agree that you will not use the Site:
(a) for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
(b) in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
(c) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail', "spam', "chain letters', "pyramid schemes', or any other form of solicitation or commercial exploitation;
(d) for the posting, uploading, emailing or any other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
(e) to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;
(f) to transmit or re-circulate any material obtained from the Site to any third party;
(g) in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or
(h) in any way that might bring Ripefruit Pty Ltd into disrepute.
1.3 Ripefruit Pty Ltd may publish any material you submit, post, upload, email or otherwise transmit to them or to the Site at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
1.4 You hereby grant Ripefruit Pty Ltd a non-exclusive, royalty-free, perpetual and worldwide licence to republish any material you submit, post, upload, email or otherwise transmit to them or to the Site in any format, including without limitation print and electronic format.
1.5 You hereby waive all of the moral rights that you have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any material you submit, post, upload, email or otherwise transmit to Ripefruit Pty Ltd or to the Site.
1.6 You hereby agree that you are aged 18 years or over when making online payments with a credit card and that you have the specific authorisation of the Card Holder.
2.1 You agree to provide true, accurate, current and complete information about yourself as requested by Ripefruit Pty Ltd in the registration or subscription form ("the Registration Information").
2.2 You agree to maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
2.3 These terms shall apply in relation to your use of the Newsletters and the Publications in the same manner in which they apply to your use of the Site. Without affecting the generality of the foregoing, Clauses 1.1 and 1.2 above and Clauses 4 and 5 below shall also apply as if the words "the Site"were replaced by "the Newsletters and the Publications".
3. Removal of Material and cancellation of Access to the Site
3.1 Ripefruit Pty Ltd shall have the right to refuse to provide you with Newsletters and/or refuse to allow you access to any of the pages on the Site at any time and for any reason without giving you any advance notice and Ripefruit Pty Ltd shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Ripefruit Pty Ltd or its employees) arising from Ripefruit Pty Ltd's refusal to provide you with Newsletters or your inability to access any of the pages on the Site.
3.2 Ripefruit Pty Ltd shall have the right at any time and for any reason to remove from the pages on the Site any material posted, uploaded, emailed or otherwise transmitted by you without giving you any advance notice and Ripefruit Pty Ltd shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Ripefruit Pty Ltd or its employees) arising from the removal of such material.
4 . Rights Clearances
The copyright, and other rights, in some of the material appearing on or in the Site may belong to a third party. It is your responsibility to obtain any licences or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by Ripefruit Pty Ltd which arise as a result of your failure to obtain such licences and permissions.
5.1 The information provided on or in the Site is intended for recreational, non-commercial purposes only. Whilst every effort has been taken to ensure the accuracy of the information provided by Ripefruit Pty Ltd and its employees in these pages, the contents of the Site reflect the opinions of the writers, they are personal to them and are naturally subject to change from time to time. IT IS THE RESPONSIBILITY OF USERS TO CHECK THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT BASED UPON THEM.
5.2 Ripefruit Pty Ltd cannot guarantee that your use of the Site will be free from error and/or uninterrupted. Ripefruit Pty Ltd possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of Ripefruit Pty Ltd or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.
5.3 Some of the pages on or in the Site include material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to Ripefruit Pty Ltd and for ensuring that such content complies with all relevant legislation. Ripefruit Pty Ltd accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.
5.4 On some of the pages of the Site users may be given the opportunity of entering into agreements with third parties. Ripefruit Pty Ltd is not liable in relation to, and takes no responsibility for, any contract entered into by users with any third party.
5.5 Save unless otherwise stated, Ripefruit Pty Ltd makes no warranty whatsoever as to any goods or services purchased or obtained or offered to you through use of the Site, whether accessed directly or otherwise.
6.1 Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Ripefruit Pty Ltd is not responsible for the content of these Internet sites.
6.2 No links from external websites to the Site are permitted without the prior written consent of Ripefruit Pty Ltd.
7. Competitions and Special Offers
Ripefruit Pty Ltd may, from time to time, have competitions, prize draws or other promotions and offers on the Site. These will be subject to additional terms and conditions that will be made known to you.
8.1 Whilst effort has been taken to ensure that the pages of the Site and the Newsletters are free from viruses, Ripefruit Pty Ltd give no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
8.2 Ripefruit Pty Ltd excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of Ripefruit Pty Ltd or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
a) the pages on the Site or any other Internet sites;
b) any material downloaded from the Site or any other Internet sites;
c) any Newsletter; or
d) any Publication.
9. Intellectual Property
The names, images and logos identifying Ripefruit Pty Ltd or third parties and their products and services, are the proprietary marks of Ripefruit Pty Ltd, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Ripefruit Pty Ltd reserves all rights to enforce such rights that it might have.
These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
The terms and conditions shall be governed by and construed in accordance with the laws of England and Wales . Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales .
13. Ripefruit Pty Ltd
Ripefruit Pty Ltd is a company registered in Australia (ACN 118 342 788) whose registered office is at PO Box 12728 A'Beckett Street Melbourne VIC 8006.
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