Privacy Policy & Terms of Use
Privacy Policy
Scope
This statement applies to personal information collected by eMow.
Personal Information
1. It is our usual practice to collect personal information directly from you. Sometimes we collect personal information from a third party if you have consented or would reasonably expect us to collect the information in this way, for example from publicly available sources such as websites or telephone directories. We do not collect personal information about you if you only browse this website. When you close your browser the session is destroyed and no personal information is kept which might identify you to us in the future.
Uses
2. We only use your personal information for the purposes for which you give it to us and for related, internal management purposes. We do not give personal information about you to other government agencies, organisations or anyone else. We analyse non-identifiable website traffic data to improve our services. You may access the personal information that we hold about you or you can ask us to correct personal information we hold about you.
Important Information
3. eMow is bound by the Information Privacy Principles of the Privacy Act 1988.
Terms of Use
Definitions
1. The following definitions apply:
Any Law: means common law, equity or any statutory instrument.
Claim: means any claim, action, proceeding, demand, liability or expense.
Intellectual Property: means any:
a. invention or discovery
b. manner, method of process or manufacture
c. drawing or design
d. improvement
e. patent, application for patent or right to apply for a patent;
f. trademark
g. tight of secrecy or confidentiality in respect of any information or document; or
h. copyright or other rights in the nature of copyright.
Material: means all information belonging to, created by or uploaded by us which:
a. forms the basis of the Website; or
b. requested through the Website.
Person: means a natural person, corporation or other legal entity.
Terms of Use: means these terms and conditions which govern the use of this Website.
We/Our/Us: EMOW PTY LTD trading as eMow.
Website: means this eMow website with the domain name www.emow.com.au.
You/Your: means the user of this Website.
Background
2. This Website is owned by us and is made available to you under these Terms of Use. In using this Website you agree to be bound by the following conditions.
3. You agree that you will not use this Website for any illegal purpose, or in any way which is otherwise inconsistent with our Terms of Use.
Reservations
4. We also reserve the right to:
a. make alterations to the Website;
b. to withdraw all or any part of it; or
c. vary our Terms of Use at anytime without notice;
Intellectual Property
5. Putting aside any information that is uploaded by you onto the Website, all Intellectual Property in all Material on this Website either belongs to, or is licensed by us:
a. The name 'eMow' is a registered trademark. This means that you personally (or you acting through anybody else) are not allowed to use and/or reproduce our trademark for any reason; and
b. The logo, contents and database which form the basis of this Website were all created by us. This means that all Intellectual Property in the Material (including Copyright) is ours.
6. We grant you a non-exclusive licence to both access and use our Material for personal use only. You may print or download parts of our material for your personal use, but you will receive no ownership or any kind of interest in any of it.
7. You are also not allowed to:
a. Use and/or distribute any of our material for any commercial or public purpose unless you have our prior agreement (requests can be made through our ‘Contact Us’ page); or
b. Do anything which infringes the legal rights of any other Person and which also exposes us to loss to us as a consequence of you infringing these legal rights.
Disclaimer
8. The information which appears on our Website is obtained through a variety of sources. While we have used our best endeavours to ensure that all information is accurate, to the full extent permitted under Any Law, we provide no guarantees as to accuracy, quality or completeness of any information included in this Website.
9. We also provide no warranties or assurances as to:
a. the reliability or fitness of any of our Material or other information on the Website for any particular purpose; and
b. the operation, quality or functionality of our Website (which you acknowledge may be interrupted at anytime for any reason); or
c. continued availability of any products, goods or services advertised or referred to on our Website
10. The contents of listings uploaded onto our Website by end users are not screened and we take no responsibility for the contents of any listing.
11. We do not endorse the comments or views expressed in any information included on the Website. This includes information which is uploaded by any end user.
12. The information on this Website is general only, and nothing constitutes the giving of financial, legal or other professional advice. You are advised to seek out independent advice before acting on any information which appears to be ‘professional advice’.
13. Any links connecting our Website to other sites are for convenience only. We do not endorse or approve the information or products which is located on or received through those sites.
14. To the maximum extent permitted by Any Law, you agree to discharge and release us from all loss resulting from any Claim (including negligence) which you or any other person may have and which arises directly or indirectly from:
a. the use of our Material;
b. the use of any other information on the Website; or
c. your breach of these Terms of Use.
15. Where liability cannot be legally excluded, our liability is limited to:
a. the re-supply of goods or services for which the liability arose; or
b. the refunding of any amounts paid for those goods or services.
Your Obligations
16. You warrant that:
a. you are the owner of, or are otherwise authorised to, provide information that is uploaded by you onto our Website;
b. all information uploaded by you is accurate and does not infringe Any Laws, or the legal rights of any other Person.
17. You must only use our Website to post, send and receive proper information, and (when applicable) related to the particular service.
18. You must not:
a. misrepresent your own identity, or misrepresent your affiliation with any other Person.
b. forge any TCP or IP packet header or any part of such header in any email or newsgroup posting.
c. use the Website for any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
d. upload any information which defames, abuses, harasses, stalks, threatens, misleads, violates Any Laws or otherwise infringes the legal rights of any other Person (including Intellectual Property);
e. upload any information or images which in our opinion (in our absolute discretion) is inappropriate, profane, obscene or indecent.
f. upload any information which is not in a standard English readable format.
g. harvest or otherwise collect information about others, including e-mail addresses.
h. use repetitive keywords in information uploaded by you to target search engines or use our Website for other spamming techniques.
19. To the maximum extent permitted under Any Law, you also agree to:
a. give us with a non-exclusive, royalty-free, universal licence to use any information uploaded by you for purposes directly related to the operation of this Website; and
b. indemnify us for all loss suffered by us which is arises directly or indirectly as a consequence of your breaching these Terms of Use.
Data Protection and Personal Information
20. The use of personal information supplied by end users is governed by our privacy policy. In summary, we will use and disclose personal information only for the purpose for which it was originally disclosed.
21. While we use our best endeavours to keep personal information secure, the internet operates across open, public networks that may not be secure. In using this website you acknowledge and accept that:
a. transmissions to or from our Website may be intercepted, used or modified by third parties; and
b. information obtained through our Website may contain viruses or other defects.
22. You also agree to allow us to use your personal information for internal purposes, including accounts processing, newsletters, services updates and offers.
Subscriptions, Payments, Refunds and Cancellations
23. A minimum subscription period of 12 months applies to all priority listings. Subscription automatically renew for another 12 months unless you have selected to cancel your subscription before the renewal date.
Credit Card Payments
24. We have appointed and authorised EWAY to accept and all credit card payments and manage recurring billing payments for subscriptions.
Refunds
25. Subscription fees will only be refunded if eMow ceases trading or an error has been made during credit card processing. In the event that an error has been made during the processing of subscription by us. EWAY or you the amount overcharged will be refunded. Subscription fees are non-refundable for cancellations.
Cancellations
26. We will notify you via email 30 days before your subscription expiry date advising a payment will be debited from your nominated credit card account for subscription renewal. To cancel your subscription you must login into your account and select cancel my subscription. You subscription will end automatically cancel at the end of the contracted period.
Jurisdiction
27. To the maximum extent possible, this agreement is government by the laws which apply in the State of Queensland, Australia.
28. In using this website you agree to submit yourself to the exclusive jurisdiction of the courts in that State.
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