Disclaimer
Terms of Use
Effective from 20 May 2013
READ THIS ENTIRE AGREEMENT.
The 1MUM web site is offered to you on the condition of your total acceptance without modification of the terms, conditions and notices contained herein. These are the general terms and conditions, and your use of the 1MUM web site and our services constitutes your agreement to all such terms, conditions and notices.
Introduction
The www.1MUM.com.au web site and associated web sites ("Associated web sites") are provided to you ("the user") by 1MUM PTY LTD. Associated web sites include, but are not limited to, blogs operated by 1MUM PTY LTD. including, but not limited to the "1MUM Money Smart not Money Short" blog on the www.1mum-money-smart-not-money-short.blogspot.com.au web site, and to social media web sites including, but not limited to the 1MUM Facebook, Twitter, Tumblr, Google Blogger, Google+ and Pinterest pages. THE WWW.1MUM.COM.AU WEB SITE, ASSOCIATED WEB SITES AND THE INFORMATION, CONTENT AND SERVICES MADE AVAILABLE TO YOU, IS COLLECTIVELY REFERRED TO AS "1MUM" OR "WEB SITE" OR "1MUM WEB SITE". These Terms of Use represent the terms, conditions and notices which governs your use of this Web site. By accessing or using this Web site you unconditionally accept and agree to be legally bound by this Terms of Use, the 1MUM Disclaimer and 1MUM Privacy Statement (collectively referred to as "Agreement"), and acknowledge they may be modified and extended on an ongoing basis.
Modification to the 1MUM Agreement
1MUM reserves the right to make changes to the terms, conditions and notices under which the 1MUM web site and its information, content and services are presented to you, in its sole discretion, by posting the new Agreement on this Web site and stipulating the effective date of the updated version. Your continued use of the 1MUM web site following any such posting of a new version of the Agreement represents your acknowledgement and acceptance of the modifications contained herein. It is therefore recommended to check if a new version of the Agreement of the 1MUM web site has been posted whenever you visit this Web site.
Links to Third Party Sites
The 1MUM web site may contain links to other web sites ("Linked sites"). Linked sites are supplied to you in good faith and are not under the control of 1MUM. Linked sites are provided for your convenience and do not constitute any form of endorsement or recommendation by 1MUM. 1MUM is not responsible, or to be held accountable, for the contents of any of the Linked sites, including, but not limited to, any link contained in a Linked site, or any modifications or updates to a Linked site.
Your Contact with Advertisers or Other Third Parties
Your contact and transactions and/or business with other third parties on or accessible through the 1MUM web site are solely between yourself and the third party. These transactions and/or business include, but are not limited to, the payment for and delivery of items if any, your participation in promotions, and any terms, conditions and warranties, or representations associated with such transactions and/or business.
1MUM does not make any representations or warranties in regards to any items or services that you may acquire from such third parties, and you agree that 1MUM will have no liability in regards to any loss or damage of any kind incurred as an outcome of any transactions and/or business between you and any such third party.
No Unlawful or Prohibited Use
As a condition of your use of the 1MUM web site and its information, content and services, you declare to 1MUM that you will not use the 1MUM web site for any purpose that is unlawful or prohibited by this Agreement. You may not use the 1MUM web site in any manner which could harm, immobilise, hinder or negatively impact the 1MUM web site, or impede any other user's or party's use and enjoyment of the 1MUM web site.
Materials Provided to 1MUM or Posted to the 1MUM Web Site
As a condition of your use of the 1MUM web site you acknowledge and agree that 1MUM does not claim ownership of any material you or other people who use the 1MUM web site ("Users") provide to 1MUM. This includes, but is not limited to, feedback, suggestions, input, uploaded content, submissions and posts (collectively referred to as "Material") to the 1MUM web site. 1MUM is under no obligation to pre-screen, edit or remove any Material provided by Users that is made available through the 1MUM web site. By providing your Material to the 1MUM web site you acknowledge and agree that you are granting 1MUM and its affiliated companies and sub-licensees a worldwide, nonexclusive, ongoing, royalty-free permission to use your Material (in whole or part), without limitation, the rights to copy, share, supply, communicate, reproduce, publically exhibit, modify, translate and reformat your Material, and to publish your name in connection with your Material. No compensation will be paid in relation to the use of your Material. 1MUM is under no contract to post, use or publically distribute your Material and the removal of any Material is at the sole discretion, but not the obligation, of 1MUM. By providing 1MUM with your Material you warrant and represent that you are solely responsible for the information and content of your Material. You represent and warrant that any Material provided by you is not confidential and that you have all necessary permission to provide it and make it publically available.
Restrictions to Material Provided to 1MUM or Posted to the 1MUM Web Site
You agree you will not provide or otherwise make available to or through the 1MUM web site any Material which:
• contains any viruses, worms, Trojan horses, or other damaging or detrimental files, code or programs,
• is unlawful, troublesome, offensive, derogatory, libellous, insulting, abusive, aggressive, obscene, damaging, or that invades another's personal privacy rights,
• breaches or violates any other party's copyright, trademark, patent, or any other proprietary right,
• contains any unauthorised promotional material, advertising, junk mail, spam, chain letters, or any other type of unsolicited mass email to parties that have not agreed to be part of such distributions and mailings, and
• you do not have the permission to disseminate, provide or make publically available.
Contact Information
Please contact 1MUM by email at info@1mum.com.au or mail 9 Taupo Court, Coombabah, QLD 4216 with any questions or concerns in respect to this Agreement or the 1MUM web site. If you wish to complain about any Material or unlawful activity connected to Material on the 1MUM web site, please contact 1MUM by email at info@1mum.com.au or mail 9 Taupo Court, Coombabah, QLD 4216.
Web Site Intended Audience
The 1MUM web site is aimed at adults in Australia and is not intended for children under the age of 18. By using this Web site you warrant and represent that you are at least 18 years of age.
Privacy Statement
This Privacy Statement applies to the 1MUM.com.au web site. It tells you how we collect information from you and how we use it. The information is collected through your use of the Web site, including, but not limited to, through the registration process, information submitted by you in posts and information submitted by you in order to obtain our Newsletter services. 1MUM takes the issue of our customers privacy very seriously, and has taken all appropriate measures to ensure that any information given to us by our customers is protected online by encryption and firewall software. We recognise the sensitivity of your personal information and will never share or disclose your details with any other third party without your permission. 1MUM is the owner of the information collected on this Web site.
1MUM collects and stores customer personal information for the following reasons:
Newsletters
Special Offers
Promotions
We also at times collect additional information that will help us improve communications, offers and marketing strategies. Providing your information allows us to communicate with customers via email, mail or phone.
If you are unwilling to accept the terms and conditions of the 1MUM Privacy Statement, you must not use the Web site.
LIABILITY DISCLAIMER
A VARIETY OF INFORMATION, ADVICE, RECOMMENDATIONS, MESSAGES, OPINIONS, COMMENTS, SUBMISSIONS, POSTS, TEXTS, MUSIC, SOUND, VIDEOS, PHOTOGRAPHS, DATA, PRODUCTS, SERVICES AND OTHER MATERIAL ("CONTENT"), IS INCLUDED IN, OR AVAILABLE THROUGH, THE 1MUM WEB SITE. THE CONTENT IS PROVIDED BY 1MUM OR ITS SUPPLIERS, AND INCLUDES, BUT IS NOT LIMITED TO, AUTHOR OPINIONS IN BLOGS AND IN THE QUESTION AND ANSWER SECTION OF THE WEB SITE. IN SOME CASES THE MATERIAL MAY INCORPORATE OR SUMMARISE VIEWS, GUIDELINES OR RECOMMENDATIONS OF THIRD PARTIES. SUCH MATERIAL IS ASSEMBLED IN GOOD FAITH, BUT DOES NOT NECESSARILY REFLECT THE CONSIDERED VIEWS OF EVERYONE, OR INDICATE A COMMITMENT TO A PARTICULAR COURSE OF ACTION. THE CONTENT AND MATERIAL AVAILABLE ON THE 1MUM WEB SITE AND ASSOCIATED SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WHILE 1MUM ENDEAVOURS TO KEEP THE CONTENT THAT IT POSTS ON THE WEB SITE ACCURATE, COMPLETE AND UP-TO-DATE, 1MUM CANNOT GUARANTEE, AND IS NOT RESPONSIBLE FOR, THE ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY AND TIMELINESS OF ANY CONTENT, WHETHER PROVIDED BY 1MUM OR ITS SUPPLIERS. 1MUM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE 1MUM WEB SITE AND CONTENT AT ANY TIME. ADVICE RECEIVED, AND AUTHOR OPINIONS PROVIDED THROUGH THE 1MUM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, HEALTHCARE, LEGAL, FINANCIAL OR OTHER DECISIONS. YOU MUST ACCEPT RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY OR USEFULNESS OF SUCH CONTENT. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION AND FAMILIAR WITH YOUR UNIQUE CIRCUMSTANCES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH CONTENT IS PROVIDED 'AS IS' WITHOUT WARRANTY OR CONDITION OF ANY KIND. 1MUM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 1MUM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE 1MUM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE 1MUM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT OBTAINED THROUGH THE 1MUM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE 1MUM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 1MUM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AS SOME STATES/TERRITORIES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE 1MUM WEB SITE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 1MUM WEB SITE.
YOUR USE OF THE 1MUM WEB SITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE WEB SITE.
Indemnification
You agree to indemnify and hold blameless 1MUM, its directors, authors, suppliers, employees and affiliates, from and against any and all liability, damages, losses, claims, expenses of any type, including , without limitation, reasonable legal fees, directly or indirectly related to your violation of this Agreement, or the Material you disseminate, provide or make publically available through the 1MUM web site.
Termination/access restriction
1MUM reserves the right, in its sole discretion, to terminate your access to the 1MUM web site and the related services at any time and without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Australia. and you hereby consent to the exclusive jurisdiction and venue of courts in Australia, in all disputes arising out of or relating to the use of the 1MUM web site. Use of the 1MUM web site is unauthorised in any jurisdiction that does not allow for all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint partnership, employment, project or relationship exists between you and 1MUM as a result of this agreement or your use of the 1MUM web site. 1MUM's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 1MUM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the 1MUM web site, or information provided to or gathered by 1MUM with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 1MUM with respect to the 1MUM web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 1MUM with respect to the 1MUM web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Ownership and Intellectual Property Rights
This Web site is owned by 1MUM PTY LTD. All rights to, title to, and interest in the Content available through the Web site, to the Web site's designs, trademarks and trade names displayed on the Web site, and the Web site URLs are the property of 1MUM PTY LTD or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
1MUM PTY LTD. provides Users with a nonexclusive, non-transferable, revocable, limited license to view, copy, print and disseminate Content from the 1MUM web site, only for your personal, non-commercial use, with the proviso that you do not conceal or remove any copyright notice, trademark notice, or other proprietary rights notices displayed or in conjunction with the Content. You may not use any Content made available through the 1MUM web site in any other way or for any other intention than for the purpose described above, without the prior written consent and authorisation of 1MUM PTY LTD. All rights not specifically granted in this Agreement are explicitly reserved to 1MUM PTY LTD.
Copyright and trademark notices
All trademarks, service marks, logos, designs and Content displayed and/or used on the 1MUM web site, whether registered or unregistered, are owned by 1MUM PTY LTD. or other third parties. All powers (if any) conferred on you by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.
All Content of the 1MUM website are: Copyright 2012 by 1MUM PTY LTD. and/or other third parties. All rights reserved.
Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the 1MUM Web Site shall be governed by and construed in accordance with the laws of Queensland without giving effect to any principles of conflicts of law. Any legal action or proceeding between 1MUM and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Queensland, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Use of communication services
