1.1 The www.oz-king.com.au (the “Website”) is owned and operated by Oz King Home Improvement Solutions. ABN 66 787 903 144 (the Company). Any reference to “we”, “us” and “our” in these Terms and Conditions refers to the Company.
1.3 By using the Website you agree to be bound by these Terms and Conditions.
1.4 These Terms & Conditions apply whenever you access the Website, regardless of how you access the Website, including but not limited to; the internet, PDAs, mobile phones and RSS feeds.
1.5 The Company may revise these Terms and Conditions from time to time by updating this posting. The revised Terms and Conditions will take effect when they are posted.
2.1 All intellectual property in relation to content on the Website belongs to the Company or its licensors, advertisers or affiliates.
2.2 The Company retains all right, title, and interest in and to the Website and all related content, and nothing you do on or in relation to the Website, or any of the related content will transfer any intellectual property rights to you, or license to you any intellectual property rights unless expressly stated.
2.3 Unless expressly stated otherwise, the Oz King’s logo and mastheads on the Website are registered trademarks of the Company. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Website, without the express permission of the relevant owner.
2.4 You agree not to do anything which interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website.
2.5 You may download and view content or print a copy of material on the Website for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
2.6 Except as granted under these Terms and Conditions, permission to reprint or electronically reproduce the Website, or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at firstname.lastname@example.org if you wish to obtain such consent.
3.1 The Website may provide you with information and the opportunity for a platform on which you may interact with us and/or other registered users of the Website from time to time.
3.2 The Website may thus contain material or content uploaded, posted, emailed or otherwise electronically transmitted (posted) by users of the Website, including you (User Content).
3.3 The Company reserves the right: to access or examine any User Content; and (b) at our discretion, move, remove or disable access to User Content which we consider, in our sole opinion, to be unacceptable or otherwise breach any law.
3.4 By using and accessing the Website, you agree that you acknowledge that all communications are public and not private communications and you are solely responsible for any User Content posted by you.
3.5 You acknowledge that the Company has no responsibility or liability for the deletion or failure to store any communications or content posted on the Website.
post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libelous, contemptuous, obscene, vulgar, pornographic, profane or indecent User Content;
post, communicate or transmit content which violates or infringes the rights of any other person or party or infringes any law; stalk, harass, or otherwise harm others; inhibit or restrict any other use from using the Website;
post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
post any User Content that contains a survey, contest, pyramid scheme or any improper question; delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
post, download or communicate any file or material posted by another user of the Company Website, if you know, or reasonably ought to know, that the file or content cannot legally be downloaded or communicated in that matter; interfere with the computer systems which support the Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
post, communicate or transmit any file which contains viruses, worms, “Trojan horses” or any other harmful, contaminating or destructive features; access or attempt to access information resources you are not authorized to use; collect or store personal data about other users of the Website; impersonate or falsely represent your association with any person or organization; or attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.
3.6 You acknowledge that the Company may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
4.1 You acknowledge that posting, contributing or submitting User Content to the Company in any format, including text, photographs, graphics, video or audio, constitutes the grant of a non-exclusive, royalty–free, perpetual license to publish that content to the Company.
4.2 You agree that the Company can use your posted User Content in any way, now and in the future. the Company also reserves the right not to use the content you submit.
4.3 You represent and warrant that all User Content that you post is true, accurate and not confidential to or owned by any other person.
4.4 You represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
4.5 You warrant that all User Content posted by you is owned by you and our use of such User Content does not infringe or violate intellectual property rights or any other rights of anyone else. You license us to use, modify, adapt, publish, display, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this license.
4.6 You indemnify the Company against any and all legal fees, damages and other expenses that may be incurred by the Company as a result of a breach of the above warranty.
4.7 To the fullest extent of the law, you waive any moral rights in your User Content for the purposes of its submission to and publication on the Website.
5.1 The Website and the Forums may include links to third party sites which are not related to the Company and in relation to which the Company has no control or interest. The appearance of those links on this site does not indicate any relationship between The Company and that third party or any endorsement by the Company of that third party, its site or the products or services which it is advertising on the Website.
5.2 The Company has not reviewed all of the sites linked to the Website and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the site (including without limitation sites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.
5.3 The Website may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Website should be construed as granting any license or right for you to use that content.
5.4 You must not link to the Website from a third party site without first obtaining the prior written consent of the Company.
6.1 You agree to defend, indemnify and hold harmless the Company, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website, or resulting from, or alleged to result from, your use of the Website, a breach of your representations and warranties or your violation of any of these Terms and Conditions.
6.2 The Company takes no responsibility for accuracy of the content on the Website. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at The Company’s sole discretion and without notice.
6.3 The Company does not warrant that functions contained in the Website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that the Company or our hosting server, are free of viruses or bugs.
8.1 These Terms and Conditions constitute the entire agreement between us and you in relation to the Website and your use of the Website supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
8.2 The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or access to the Website.
8.3 These Terms and Conditions are governed by the laws of the State of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.