Terms and Conditions
Last updated: August 13, 2016
Acceptance of terms
When using this website you may provide us with information about yourself or other matters. The Platform is not intended for users under the age of 18, and WePlanr does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
When submitting content in any format, including text, photographs, graphics, video or audio, and placing any information or other material on the website (including posting messages, uploading files, inputting data or engaging in any other form of communication), such content shall be considered non-confidential and you grant to WePlanr a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display in all existing or future media, and Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including, but not limited to, rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide.
You expressly waive in favour of WePlanr and any other party authorised by WePlanr all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any communication or other material that you submit on the Platform.
In respect of submitting information on the Platform, you agree that you will not post, transmit or otherwise publish on the Platform or to the website servers any material that:
- restricts or inhibits any other user from using or enjoying the website;
- restricts or inhibits any other user from using or enjoying the website;
- is unlawful, threatening, libellous, defamatory, abusive, obscene,
- vulgar, pornographic, profane, racist or indecent or any other material of a similar nature, including without limitation any transmissions that would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or infringe any applicable laws;
- violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trade mark or any other proprietary right, without first obtaining permission from the owner;
- contains a virus, worm, Trojan Horse or other harmful or destructive component(s) or device(s) that has a negative impact on the normal operation and use of the website, its servers and the Content thereon;
- contains any promotional material or advertising; or constitutes or contains false or misleading statements.
You expressly acknowledge and agree that WePlanr does not exert control over users of the Platform and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
WePlanr does not and cannot review or moderate all information posted to the website by users and is not responsible for such information. However, WePlanr reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason at all. WePlanr also reserves the right to ban a user at any time, without notice for any reason whatsoever.
If you are in doubt as to whether the content you wish to submit is appropriate, please contact firstname.lastname@example.org who can advise you on the issue.
General information only – non advisory
WePlanr does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on the Platform blog, forums or other areas of the Platform or on third party social media websites. WePlanr and its third party service providers do not make any warranties with respect to any of the merchandise or services featured or mentioned on the website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements or those who actually sell any merchandise and services, and do not necessarily represent the views of WePlanr or its third party service providers.
The material on this site is provided as general information only. It is not intended as advice and must not be relied upon as such. Please be aware that although WePlanr attempts to keep the information on the Platform current and up-to-date, the information on the Platform may contain errors or omissions. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. WePlanr will not be liable for any loss incurred or accrued from relying upon any information on the Platform.
Intellectual Property Ownership, Copyrights and Rights Notices
The Platform and its services and collective content are protected by copyright, trademark and other laws by Australian and international trademark and copyright laws. You acknowledge therefore and agree that all content on the Platform including but not limited to text, graphics, logos, icons, and advertisements, including the selection and arrangement thereof are exclusive property of WePlanr and its licensors unless expressly indicated otherwise. Once content is published, you must not use, copy, modify, reproduce, publish, redistribute, upload to a third party or transmit the content without the prior written approval of WePlanr or the appropriate supplier or licensor of WePlanr, except in accordance with the below.
Strictly on the condition that you keep all content intact and in the same form as presented on the Platform, including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
- using an industry standard web browser, download and view the content for your personal, non-commercial use, or if you are an internet service and/or access provider, supply the content to your subscriber.
As a user, visitor, customer or member of the Platform, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Platform.
All other trademarks displayed on the website are registered and unregistered trade marks of others. Nothing contained on the Platform should be construed as granting any license or right of use of any trademark displayed on the Platform without the express written permission of WePlanr or the third-party owner. Some of the logos appearing on the Platform may be available to you to place on your own website as a hyperlink to a WePlanr website. However, such use requires the express written authorisation of WePlanr or the relevant third party, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
Advertising & links to third party websites
The Platform may contain hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of WePlanr and WePlanr is not responsible for the contents of any linked website or any hyperlink contained in a linked website. WePlanr provides these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by KDE or its affiliates. By following a link to any such website you do so entirely at your own risk.
The website may also contain third party advertisements (including, but not limited to, pop-up/pop-under ads, banner ads, button ads, tower ads and text) which may contain embedded hyperlinks to websites operated by third parties. All third party advertising (including embedded hyperlinks) is paid for by the relevant third party and are not recommendations or endorsements by WePlanr or its affiliates unless expressly indicated otherwise.
In some instances, advertisements may contain representations or offers by third party advertisers, which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by WePlanr. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WePlanr shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings with, or as the result of the presence of, any advertisers on the Platform.
Disclaimer and limitation of liability
The Trade Practices Act 1974 (Cth) and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by WePlanr of goods or services on the Platform which cannot be excluded, restricted or modified (“Non-excludable Rights”). WePlanr does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
- All content and functionality is provided “as is” and without warranties of any kind, either express or implied.
- WePlanr may source or aggregate content from other sites and/or businesses via RSS Feeds. All content is credited to that particular provider, and every piece of content sourced via this method will point the end user to the sources site.
- WePlanr and its suppliers expressly disclaim all warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- WePlanr does not warrant that the information or functions contained in any content, or your access to the Platform will be uninterrupted or error-free, that any defects will be corrected or that the Platform or the server which stores and transmits the content to you are free of viruses or any other harmful components,
- WePlanr does not warrant or make any representation regarding your access to, or the results of your access to, the Platform (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and under no circumstances (including, but not limited to, any act or omission on the part of WePlanr) will WePlanr or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of any kind (including any loss of income or profits) whatsoever which result from any use or access of, or any inability to use or access, the Platform or any content.
Governing law and entire agreement
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
WePlanr Pty Ltd