TERMS AND CONDITIONS
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
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.
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.
- 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.
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
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
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.
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