myturf Website, myturf electronic newsletter and myturf Bulletin Terms and Conditions of Use

By accessing or otherwise using the myturf Website, its associated electronic newsletter or myturf Bulletin (“myturf Publications”, you agree to be bound by these conditions of use. You acknowledge that myturf provides access to the myturf Publications to you subject to these conditions of use.

General
The myturf Website, electronic newsletter and Bulletin is a service provided by myturf for the following purposes:

  • informing local residents & community groups on local issues and promoting local small businesses;
  • enabling local residents, community groups and small businesses to conduct activities relating to their local community, including buy and sell goods & services, debate local issues and promote local events
  • providing local small businesses with the ability to communicate and connect with local residents

By accessing or otherwise using the myturf Publications, you agree to be bound by these conditions of use. You acknowledge that myturf provides the myturf Publications to you subject to these conditions of use.

myturf is entitled, at its sole discretion, to amend, add or remove any part of these conditions of use at any time without notice. You should periodically read these conditions of use. Your continued use of the myturf Publications after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.

Intellectual Property
Unless indicated otherwise, all intellectual property in the myturf Publications is owned or licensed by myturf (myturf Website IPR). Subject to these conditions of use, myturf grants to you a non-exclusive and non-transferable limited licence to:

  • view, download and use information directly accessible through the myturf Website; and
  • use the myturf Website IPR for the purpose of participating in myturf activities only.
  • Not to use the myturf Publications to promote political activities,

You agree that, subject to your use of the myturf Publications in accordance with the limited licence granted to you, you will not infringe myturf's intellectual property in the myturf Publications and will not modify, copy, republish, frame, distribute or communicate any part of the myturf Publications or any information contained therein or otherwise use the myturf Publications in a way which will infringe myturf's intellectual property or other rights.

Disclaimer
Except as provided by law, the myturf Publications is provided "as is" and without any warranty or condition, expressed or implied.

myturf enables local residents, small businesses and community groups to promote themselves, and publish information relating to their activities. In most cases, this information or content is created by local residents, community groups and small businesses.  myturf does not warrant that the information contained in or accessible through the myturf Publications,  is accurate, suitable for your purposes or without errors, omissions or viruses. myturf does not guarantee continuous, uninterrupted or secure access to the myturf Website. You acknowledge that access and use of the myturf Website (including the software operating in connection with the myturf Website) may be interfered with by numerous factors outside of myturf's control. myturf does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the myturf Website.

Subject to the provisions of the Trade Practices Act 1974, myturf makes no representations or warranties in respect of the information and materials available on the myturf Publications or the means of accessing that information and material (including the software operating in connection with the myturf Website). myturf makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than myturf which are or may become linked or framed to or from the myturf Website.

Use of Information
If you upload or otherwise provide any information or content (Content) in the course of accessing or using the myturf Publications, you agree that such Content will be available to myturf to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that you will not upload or otherwise provide any Content which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading;
  • infringes the intellectual or other proprietary interests of third parties;
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services myturf considers to be inappropriate;
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the myturf Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the myturf Website or otherwise breaches or encourages other users to breach these terms of use;
  • violates any law, statute or regulation;
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other Customer to engage in any of the above behaviour.

You agree to grant myturf a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in myturf's favour.

Privacy
You agree to comply with myturf's privacy policy, guidelines and statements as may be applicable from time to time.

Security
Access to certain myturf functions (such participating in Forum debates) is requires registration and password protection. Either memorise your password or store your password in a safe and secure place. Do not disclose your password to anyone.

Limitation of Liability
You agree that myturf is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising out of, or in connection, with:

  • the use of the myturf Publications;
  • the use by myturf of information provided by you to myturf through the myturf Publications;
  • being unable to access the myturf Publications for whatever reason and however arising, including (without limitation) negligence; and
  • the use of your myturf Website password by you or any third party whom you have made the password available.

To the extent that myturf is able to limit the remedies available under these conditions of use, myturf expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at myturf's sole discretion):

  • in the case of goods, any one or more of the following:
    - the replacement of the goods or supply of equivalent goods;
    - the repair of the goods;
    - the repayment of the costs of replacing the goods or of acquiring equivalent goods; or
    - the payment of the costs of having the goods repaired; and
  • in the case of services:
    - the supply of the services again; or
    - the payment of the cost of having the services supplied again.

You indemnify myturf against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of these conditions of use; or
  • any breach or inaccuracy in any representations or warranties made to myturf.

Links
You may establish links on any other website to the myturf Website. myturf reserves the right to delete a link in the event that it breaches any of these Terms and Conditions.

Alternation
myturf may alter any of the content on this website at any time.

Breach and termination
If you breach any provision of these terms of use, myturf may immediately issue a warning, prevent or remove publication of any item,  temporarily suspend or permanently prevent your access to all or certain parts of the myturf Publications. In any event, myturf may terminate these terms of use (and your right to use the myturf Publications) at any time and for any reason without prior notice to you.

Choice of Law and Use of myturf Publications
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia. myturf has designed the myturf Publications for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the myturf Publications outside the Commonwealth of Australia. The myturf Publications is available only to people in Australia who can form legally binding contracts under applicable law.

No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and myturf by these terms of use.

Defined Terms
Customer or you: means existing or potential customers of myturf or persons accessing or otherwise using the myturf Publications.

myturf or us: means [Ology Ventures Pty Ltd] ACN 101 759693.

myturf Website: means the website accessible through the address: www.My Turf.com.au, local myturf websites (such as myturffitzroy.com.au and sunburyonline.com.au)  and operated by myturf.

 

www.My Turf.com.au  PO Box 190 Clifton Hill 3068, Victoria Australia