TERMS
AND CONDITIONS
Legal
Notices, Disclaimers and Privacy Policy of the Internet Website of Blackwood
On-line Pty Ltd (Blackwood On-line).
This website at www.blackwoodonline.com.au
(the “Website’) is owned and operated by Blackwood On-line Pty Ltd (“Blackwood
On-line”, “we”, “us”) and is provided for the personal information and
communication of people living in and around Blackwood, South Australia (“the
Local Community”) and for those interested in the businesses, services and
community activities relevant to this area. Please feel free to browse the Website.
- Terms and Conditions
- Privacy Policy
- Advertising
Terms
and Conditions
Through
your access and use of the Website, you accept, without limitation or
qualification, the terms and conditions ("Website Terms and
Conditions") set forth below.
- This Website contains information (‘Content’) provided
to us by third party providers, including local businesses, services,
clubs, associations and other groups and the Local Community (’Providers’)
for the personal information of those accessing the website. (‘User’).
- Although we have taken reasonable care to ensure that
the Content provided by Providers is correct and up to date, we cannot
ensure the accuracy of such information. We recommend that you confirm all
information contained on or linked from the Website with the relevant
Provider.
- The content provided in this website is intended
primarily to inform the local community, although it may be accessed by
others. Blackwood On-line will not
be responsible for the appropriateness, correctness or otherwise of this
information for those viewing this website.
- The Website may contain from time to time information
related to various health, medical and fitness conditions and their
treatment. Such information is not meant to be a substitute for the advice
provided by a professional health care provider. You should not use the
information contained herein for diagnosing a health or fitness problem or
disease. You should always consult a professional health care provider.
- The Website may contain financial and other information
which is forward-looking and involves risks and uncertainties, including,
without limitation, risks associated with the use and application of
products and services made available by and promoted by various commercial
entities represented on this Website. The use and application of any such product or service is made
solely at the discretion of the ‘User’. All reasonable steps should be taken by the User to become
adequately informed regarding the nature, purchase, use and/or application
of the products or services in question.
- You agree to the terms of our Privacy Policy
Use of Information
- You may freely browse the Website. You may freely
download material therefrom. Any and all downloaded materials may be used
by you for personal, non-commercial use. You may not, however, distribute,
modify, transmit, reuse, repost or use any of such materials for public or
commercial purposes, without the express written permission of Blackwood
On-line or the Provider of the material. All copyright and other proprietary notices contained in downloaded
materials must be retained.
- You should assume that all contents of the Website are
copyrighted unless otherwise noted and may not be used except as provided
herein and without the express written permission of Blackwood On-line.
- Images of people or places displayed on the Website are
either the property of, or used with permission by Blackwood On-line. The
use of these images by you is prohibited unless specifically permitted by
these Terms and Conditions or by specific permission provided elsewhere on
the Website. Unauthorized use of the images may violate copyright,
trademark, privacy and/or publicity laws as well as communications
regulations and statutes.
- Any communication or material that you transmit to, or
post, on the Website by electronic mail or otherwise, including any data,
questions, comments, suggestions or the like, is, and will be treated as,
non-confidential and nonproprietary information. Blackwood On-line, or any
of its affiliates, may use such communication or material for any purpose
whatsoever, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and further posting. Further,
Blackwood On-line and its affiliates are free to use any ideas, concepts,
know-how or techniques contained in any communication or material you send
to the Website for any purpose whatsoever, including, but not limited to,
developing, manufacturing and marketing products.
- The trademarks, logos and service marks (collectively,
the "Trademarks") displayed on the Website are registered and
unregistered trademarks of Blackwood On-line and others. Nothing contained
in this Website should be construed as granting, by implication, estoppel
or otherwise, any license or right in and to the Trademarks without the
express written permission of Blackwood On-line or such third party. Your
misuse of the Trademarks on the Website and in its contents, except as
provided in these Terms and Conditions, is strictly prohibited.
- While Blackwood On-line has taken all reasonable steps
to ensure that any third party website pages linked to this website are
appropriate to the intention of the link, not all of the websites linked
have been reviewed. Blackwood On-line is not responsible for the content
of any off-Website pages or any other websites linked to the Website and
makes no representation or warranty as to the accuracy or any other aspect
of the information on those linked sites. No link to another site should
be construed as an endorsement or recommendation of any information, goods
or services referred to. Your linking to any other off-Website pages or
other websites is at your own risk. Once you link to another website,
please be sure to review the legal notices and privacy policy of the new website.
They may be different from this Website.
- Although Blackwood On-line will monitor and review and
make recommendations for any
material to be posted on the Website by the public – including requests by
Users for posting content in the on-line trading page (‘Community Trader’
), within the Events Calendar, or any other web page within the Website,
Blackwood On-line is under no obligation to do so.
- You are prohibited from posting or transmitting any
unlawful, threatening, libelous, defamatory, obscene, inflammatory,
pornographic or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise
to civil liability or would otherwise violate the law. You are prohibited
from altering, damaging or defacing the Website or adding any unauthorized
material to the Website. Blackwood On-line will fully cooperate with any
law enforcement authorities or court order requesting or directing
Blackwood On-line to disclose the identity of anyone involved in the above
violations.
- Your use of the Website is at your own risk.
- Blackwood On-line:
16.1. assumes no responsibility or
liability arising from the Content of the Website (including information posted
by Users) nor for any error, misrepresentation, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in
or implied by any information within the Website.
16.2. excludes its liability for any
consequential loss resulting from use of this website, including but not
limited to loss of opportunity, lost revenue, lost profits, loss of data, and
losses resulting from security failure, disclosure of confidential information
by other parties, or the transmission of a computer virus. We recommend that
prior to using any downloaded file, you carry out an appropriate virus check.
16.3. does not represent or warrant that
this Website, the server that makes it available or any of the products or
services supplied through this Website will be free of errors, viruses or
defects or that the service will be uninterrupted or timely. Because of the
nature of the Internet, we do not warrant that this Website will be secure and
we will not be liable for any disruptions to the Website.
16.4. does not represent that any of the
services set out on the Website will be suitable for you. You release us from
any claims in relation to the services described on the Site, including but not
limited to claims that the services are not suitable.
16.5. has provided everything on the
Website to you "as is" without warranty of any kind. Blackwood
On-Line excludes all implied conditions and warranties with respect to this
website, and its content, except any implied condition or warranty the
exclusion of which would contravene any statute or cause any part of this
clause to be void.
16.6. If any warranties are implied by law
that cannot be excluded, then our liability for breach of such warranties is
limited, at our option, to:
(a) in the case of
products:
(i) the replacement of the
products or the supply of equivalent products;
(ii) the payment of the cost
of replacing the products or acquiring equivalent products;
(b) in the case of services:
(i) the supply of the services again;
(ii) the payment of the cost of having the services supplied again.
- You hereby agree to indemnify us and our officers, employees
and agents against all losses, costs, damages, claims and expenses arising
from:
17.1. any breach of these Terms and
Conditions by you;
17.2. any act or omission by you or an
officer, employee or agent of you; or
17.3. any claim, action, demand or
proceeding by a third party against us or our officers, employees or agents
caused or contributed to by you or an officer, employee or agent of you.
- Blackwood On-line reserves the right to alter or delete
material from the Website at any time, and Blackwood On-line may, at any
time, revise these Terms and Conditions and the other Policies set forth
in this Website by updating this posting. By continuing to use this
website you accept the Terms of Use as they apply from time to time and
should, therefore, periodically visit this page to review the then current
Terms and Conditions and Policies.
PRIVACY
POLICY
Blackwood On-line and its affiliates respect the interest
that visitors to our websites have in understanding what information is
collected electronically, how it is collected, how it is used and to whom it is
or may be disclosed. Blackwood On-line has developed this online privacy
policy to address those questions.
IMPORTANT LIMITATIONS TO THIS ONLINE PRIVACY POLICY
This policy applies only to
information collected on websites that are directly linked to this policy, and
does not apply to information collected in other areas, whether online or
offline. This policy does not apply to third-party websites that may be
accessed through a link from a site covered by this policy. You should
review the privacy policies of any third-party websites to understand how that
site collects, uses and discloses any Personal Information (as defined below).
This policy addresses only
information which is or may be collected by residents of
There may be content on this website
which provides information and website links intended for the educational use
and enjoyment of children or individuals under the age of 13. It is expected that access to such
information by children under the age of 13 is provided with the express permission
of and under the guidance and direction of a parent or guardian. It is also
required that the disclosure of or collection of any personal information (as
defined below) to or from children either directly or through passive
information technology such as cookies, occurs only with the express permission
of and under the guidance and direction of a parent or guardian. If a parent or guardian has reason to believe
that a child has accessed information or provided us with Personal Information
(as defined below) without the consent of the parent or guardian, the parent or
guardian should email us at
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.
COLLECTION OF PERSONAL INFORMATION
The following guidelines regarding
collection and use of personal information is in accordance with the National
Privacy Principles (NPPs) set out in the Privacy Amendment (Private Sector) Act
2000.
We do not collect any personal information unless it is
provided to us voluntarily through forms or data fields. You can visit
many areas of our websites without telling us who you are or giving us Personal
Information. Certain areas of our Websites allow you to contact us to ask
questions or provide comments or other information. Please be aware that
when you ask questions or provide comments or other information, you may be
disclosing Personal Information.
Personal Information is information that can identify you,
such as your name, street address, telephone number, email address and other
similar information (“Personal
Information.”). Please do not submit any Personal
Information if you do not want it to be collected. You should be aware,
however, that without providing requested information, even Personal
Information; you may not be able to participate in particular features or
activities that require such information.
COLLECTION OF NON-PERSONAL INFORMATION
Non-Personal Information is information that is not personal, such as
questions, comments, ideas and suggestions that you provide, or information
that we may collect that is not linked to any Personal Information.
Non-Personal Information will be treated as non-confidential, and we may
disclose and/or use that information without any obligation whatsoever to you,
for any purpose and through any means.
“Cookies” are used by this website. A “cookie” is a small
text file that a website can place on your computer’s hard drive in order, for
example, to collect information about your activities on the Website or to
track your preferences and selections. When you return to the Website,
information stored in cookies associated with the Website will be transmitted
back to us. With most Internet browsers, you can erase cookies from your
computers hard drive, block all cookies or even receive a warning before a
cookie is placed on your system. Refer to your browser instructions or
Help button to learn more about cookies. You should be aware, however,
that cookies might be necessary to provide you with certain features (e.g.
customized delivery of information such as email responses, and newsletters)
available on the Blackwood On-line Website. This information is
considered Non-Personal Information.
The Blackwood On-line. Website may also automatically collect
and store web log information relating to your computer and your visit, such as
the name of the domain and host from which you access the Internet; the
Internet address of the website from which you linked to the Blackwood On-line
website; the date and time you accessed the website, how long you spent and
which pages you visited; your Internet protocol (IP) address; and your
computer's operating system and browser software. This information is
considered Non-Personal Information.
The Blackwood On-line websites may also track your usage of
the Website through the use of pixel tags (also called clear gifs). The
information collected through use of pixel tags is not personally identifiable
and is considered Non-Personal Information.
USE OF PERSONAL INFORMATION
If
you do provide us with Personal Information we may use the information to
contact you, via e-mail, regular mail, telephone or other means, to provide you
with information you requested about specific products or services, provide
additional future information about products or services that may be of
interest to you, and to learn about and develop product and services needs
(e.g. market research). Other or additional information about use of your
Personal Information may appear at the point where you are asked to provide
Personal Information in a form or data field.
DISCLOSURE OF PERSONAL INFORMATION
Blackwood On-line. will not transfer or allow access to your
Person Information to third parties, except (i) to any affiliated entities of
Blackwood On-line (ii) to vendors and service providers who assist us in
providing service to you (iii) in connection with security related or law
enforcement investigations or in the course of cooperating with authorities;
(iv) to comply with legal requirements or to establish or exercise our legal
rights or defend against legal claims; (v) when we believe it is necessary to
share information in order to assist in an investigation regarding, or to
prevent, illegal activities, suspected fraud, or situations involving potential
threats to the safety of any person; and (v) upon a sale, merger, assignment or
transfer of the business of the website to which the information relates. Any
affiliated entity, vendor or service provider who is permitted access to, or to
whom we transfer; Personal Information is required to keep your Personal
Information confidential.
SECURITY OF PERSONAL INFORMATION
Blackwood
On-line takes reasonable precautions to keep Personal Information secure
against unauthorized access and use.
COMMUNICATION ARRANGEMENTS & OPTING OUT
If
you decide you no longer wish to receive information or communications about
particular products and services, or from Blackwood On-line (for example,
postal mailings, emails and telephone calls), you may opt out of any particular
product or service or from all mailings by emailing us at
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.
ADVERTISING: TERMS AND CONDITIONS
Where any form of advertising occurs
on the Blackwood On-line Website, the following terms and conditions will apply
in addition to the Website Terms and Conditions. To the extent of any
inconsistency, the Website Terms and Conditions shall apply.
The
term "Publisher" shall refer to Blackwood On-line Pty Ltd.
- The Publisher reserves the
right to edit, revise, or reject any listing, advertisement or other
content (collectively "advertising" or
"advertisement") for any reason.
- Neither the Publisher nor any
affiliates shall have any liability whatsoever by reason of error for
which they may be responsible in any advertisement.
- The Publisher does not
guarantee any given level of circulation, distribution, reach or
readership for an advertisement.
- The advertiser and advertising
agency assume liability for all content (Including text representation,
illustrations, updates and links to other internet content) of
advertisements published and also assumes responsibility for any claims
arising therefrom made against the Publisher or affiliates, including all
costs associated with defending any such claim.
- All advertising copy provided
to us by an Advertiser or Advertising agency that may be mistaken by a
reader as news, feature or other non-advertising materials, must be
clearly marked "advertisement".
- All positions are at the discretion
of the Publisher. In no event will adjustments, reinstatements or refunds
be made because of the position in which an advertisement has been
published. The Publisher will seek to comply with position requests and
other stipulations that appear on insertion orders but cannot guarantee
that they will be followed in all circumstances.
- The Publisher shall be under no
liability for its failure for any cause to publish an advertisement.
- Advertiser understands and
agrees that the Publisher shall be the exclusive owner of any and all
rights, title, and interest including copyright in and to any works of
authorship, derivative works, adaptations, inventions or other
intellectual property generated by the Publisher, its employees or agents
pursuant to this agreement, and any advertising and-or promotional
materials relating thereto.
- Advertiser grants to the Publisher
the worldwide royalty-free right to redistribute, sublicense, and
otherwise distribute the advertising to any third party in any medium
whatsoever.
- The advertiser or advertising
agency shall pay the production cost of advertising created by Publisher but
not used. Charges for changes (not corrections) from original layout and
copy will be based on current production rates.
- The Publisher will not be
responsible for errors appearing in advertisements which are placed after
deadline or for errors due to late delivery of material from the
advertiser or advertising agency or from a third party designated by the
advertiser or advertising agency as a source for material to be published.
- Corrections or changes of
advertising dates and/or changes of advertising content must conform to
published deadlines.
- Once an advertisement has been
accepted, it cannot be cancelled without a minimum of seven days notice. The
advertisement will continue to run for the full length of the agreement.
- The Publisher does not assume
any liability for the return of any material in any medium in connection
with advertising.
- On advertising where credit is
allowed by the Publisher at its sole discretion, monthly accounts are due
and payable on or before the fifteenth (15th) day of the month prior to
the month the ad is to appear. (Example: payment is due on March 15th for
an ad which is to run beginning April 1st). Advertising space and positions are
allocated through agreement between the advertiser and Publisher, whether
written or verbal, in good faith that the agreement will stand for the
period specified. Ads will not
begin in the middle of a month. All ads start as of the 1st day of a month
and run to the last day of the month.
- If any credit transaction is
not approved for any reason, such account shall be deemed delinquent. When
any part of an account for advertising becomes delinquent, then the entire
amount owed shall become due and payable and the Publisher may refuse to
publish any advertising from said advertiser. In this event, the
advertiser or advertising agency shall pay for advertising according to
the rate earned at the time of the delinquency.
- Advertisers who run a Full
Banner Ad, sponsorship or other site advertising packages and pre-pay for
one year will be given a discount in accordance with the discount scale
applicable.
- All advertising fees must be
paid in full for the entire length the ad is to run for, at the time the
advertisement is submitted, unless the Publisher grants "credit
status" to an advertiser. All payments must be in the form of cash, a
cashier's check, money order or via an authorized credit card facility. .
- In the event an account is
referred to a third party for collection, advertiser and advertising
agency agree to pay all collection fees including attorneys' fees and
court costs incurred to effect collection.
- Incorrect rates on orders that
do not correspond to current rates will be regarded as clerical errors and
the advertising will be published and charged at the applicable rates in
effect at time of publication.
- Orders are accepted by Publisher,
subject to the foregoing terms and conditions. Terms, conditions, rates or
agreements not set forth herein or in the current rate schedules are not
binding. Customer service representatives and sales representatives are
not authorized to modify any of these terms and conditions. Any
modification of these terms and conditions is effective only if set forth
in a separate written agreement signed by a duly authorized representative
of the Publisher. The Publisher is not bound by any promises or
representations made by its sales representatives unless set forth in
writing and signed by an officer of the Publisher.
- The Publisher shall not be
liable to the advertiser for any technical malfunction, computer error or
loss of data or other injury, damage or disruption to advertisements or Websites
or the service.
- The advertiser and advertising
agency upon and by lodging material with the Publisher for publication on Website, or
authorising or approving the publication of any material INDEMNIFY the
Publisher, its servants and agents against all liability claims or
proceedings whatsoever arising from the publication and without limiting
the generality of the foregoing to indemnify each of them in relation to defamation,
slander of titles, breach of copyright, infringement of trademarks or
names of publication titles, unfair competition or trade practices,
royalties or violation of rights or privacy and WARRANT that the material
complies with all relevant laws and regulations and that its publication
will not give rise to any rights against or liabilities to the Publisher,
its servants or agents and in particular that nothing therein is capable
of a breach of Part V of the Trade Practices Act 1974 (Australia) (as
amended).
- The advertiser and advertising
accept full responsibility for the contents of all advertisements and will
not include any defamatory content toward Blackwood On-Line or the Local
Communuty. Advertisers indemnify Blackwood On-Line, its employees, agents
and affiliates, and their employees and agents against any action, claim,
loss or expense arising from publication of copy or cancellation or
failure to publish any copy and all costs, losses and expenses suffered or
incurred by Blackwood On-Line, its employees, agents and affiliates, and
their employees and agents as a result of any breach by Advertiser of
these conditions or any agreement between Advertiser and Blackwood
On-Line.
- These Terms and Conditions supercede
any terms contained in any prior communication, even if signed by a
representative of the Publisher.
UPDATES TO THIS PRIVACY POLICY
This
policy may be updated or revised from time to time, so we suggest that you
check for updates if you access the Blackwood On-line website in the future.
Thank you
for your interest in Blackwood On-line.
Last updated: May 07, 2007
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