Terms of
use
Set out below are the terms
and conditions on which Savy Soda Pty Ltd (ACN 132 786 951) (“Savy
Soda”) makes
available to you access to its Classifieds Mobile
Application, website
at www.theclassifiedsapp.com, www.clsapp.com, (“Website”) and the products, services,
pages and advertisements accessible from the WebsiteSystem. Each time you access the Website and any products, services,
pages and advertisements accessible from it (“Content”), you accept those terms and
conditions as binding on you (hereafter “You”, including anyone with
express or implied authority to act on Your behalf).
1.
Agreement.
Your Agreement with
Savy Soda includes
these terms and conditions, and any other policies and guidelines published on
the Website, and the terms of those policies and guidelines are incorporated by
reference. Accordingly, a
reference to this “Agreement”
in these terms and conditions includes reference to such policies and
guidelines. Those
policies and guidelines include, without limitation, Savy Soda’s Privacy Policy.
These terms and conditions and
Savy Soda’s policies and guidelines may change from time to time, and You acknowledge and agree that even as amended, those
policies and guidelines and these terms and conditions form part of this
Agreement. Any amendments
take immediate effect from the time and date on which they are first published
on the Website. It is Your responsibility to read these terms and conditions,
policies and guidelines and check regularly for any amendments to them.
The Website and its Content
may contain links to third party websites and website content. You acknowledge that Savy Soda has no
control over the content and operation of such websites and content, and you
follow any hyperlinks entirely at your own risk. Similarly, if you have arrived at this Website or Content by
following a hyperlink from a third party website or other similar location,
Savy Soda also is not responsible for anything represented or contained on that
website or location.
2.
Role of Savy
Soda. You acknowledge
and agree that Savy Soda is not involved in any actual transactions that may
take place between users of the Website, and merely provides a means by which
users can advertise goods and services and make contact between one
another. Any arrangement that you
enter into with another user of the Website is entirely a matter between You and that user, and You are responsible for ensuring that
You comply with Your obligations to that user. Savy Soda does not validate, nor guarantee the accuracy of,
any Content that is posted or generated by third parties.
Most Content comes from third parties, and as such
You agree that Savy Soda makes no representation as to any Content’s accuracy
or compliance with any applicable laws, nor is Savy Soda responsible in any way
for any aspect of any website, product or service offered through, advertised
or identified in, or hyperlinked to by, such Content. It is entirely Your responsibility to verify that any Content is accurate
and suitable for Your purposes.
Nothing in this Agreement creates any partnership,
employment, agency or other similar relationship between You
and Savy Soda, and Savy Soda does not act as the partner, employer, agent or
similar representative of any other user of the Website.
3.
Responsibility
for Content. You
acknowledge and agree that any Content that is uploaded, posted or otherwise
made accessible through the Website whether directly or indirectly (“Posted Content”) by You is Your sole responsibility,
and that Savy Soda has no editorial control over that Content. You are solely responsible for ensuring
that Your Posted Content and your dealings with other users of the Website complies
with all applicable laws. You also must ensure that You
comply strictly with the terms of this Agreement (including the policies and
guidelines that form part of this Agreement).
Nothing in this clause affects Savy Soda’s right to
take down Content as permitted elsewhere in this Agreement.
Further, when You access
Posted Content of third parties, Savy Soda does not guarantee that Posted
Content will be free of unsafe, objectionable or unlawful material. You agree that You
access Posted Content at entirely Your own risk.
4.
Improper use and material. You
agree that You must not do any of the following when accessing the Website or
any Content, when submitting Posted Content or when making use of the Website
in any way whatsoever:
a.
post any material
that is threatening, abusive, defamatory, obscene, indecent or otherwise
unlawful, or that is likely to be perceived as such;
b.
engage in any conduct,
or make any representation, that is false, misleading or deceptive;
c.
infringe any third-party
right, including third party intellectual property rights (such as, but not
limited to, copyright or rights in respect of trade marks);
d.
engage in fraudulent
activity, or offer for sale counterfeit products;
e.
engage in conduct that
is likely to cause harm or loss to any person or Savy Soda;
f.
copy, alter, or
distribute any Content on the Website without the prior written consent of Savy
Soda;
g.
seek to obtain, by
any means, information about other users of the Website without their consents;
h.
upload, provide
hyperlinks to or otherwise seek to distribute computer viruses or other harmful
programs or code;
i.
post, upload,
provide hyperlinks to or otherwise seek to distribute or publish spam or
unsolicited advertisements;
j.
interfere with the
operation of the Website in any way.
By submitting any Posted Content, You represent and
warrant to Savy Soda that that Posted Content does not and is not likely to
offend against any of the prohibitions set out above.
5.
Licence and personal information. When submitting any Posted Content, you
grant Savy Soda a non-exclusive, worldwide, irrevocable, royalty-free licence,
to use and sub-license the use of any information and intellectual property
rights (including copyright, trade mark rights and rights in respect of
databases) contained in any such Posted Content, for the purpose of making that
Posted Content available on the Website.
By submitting any Posted Content, you thereby represent and warrant that
You have the right to grant a licence in those terms.
By using the Website or posting Content, you agree to
Savy Soda using, collecting, storing and where necessary transferring any
personal information you submit, in accordance with the Privacy
Policy.
6.
Removal/refusal. You also acknowledge and agree that the
ability to submit, post and access Content on the Website is a privilege, not a
right. Accordingly, You agree that
Savy Soda has the right at its absolute discretion and without any liability to
You to do any of the following:
a.
cease to operate any
or all of the Website or discontinue any service or feature available through
the Website;
b.
reject any application
for, or subsequently cancel, any member account;
c.
restrict Your usage of
the Website or the accessibility of Posted Content;
d.
refuse to make
accessible through, or remove from, the Website any Posted Content that in Savy
Soda’s opinion offends, or is likely to offend, against any of the terms of
this Agreement;
e.
take legal steps or
introduce technical measures to address any issue arising in respect of the
Website, Your use of it and any Posted Content,
whether temporarily or
permanently, without notice to You.
7.
Fees. Savy Soda does
not at present charge a fee for a person to become a member of the Website or to
make general use of the Website and its Content. This may change in the future, but if so Savy Soda will
notify You of any applicable fee and related terms and conditions prior to any
fee being applied.
A fee applies if You wish to feature upload Posted
Content. Please refer to our [insert hyperlink to fee and service information
page] web site for further
details, including as to fees and payment options.
Where a fee does apply, You
must pay that fee when it falls due (which may be in advance of You being
permitted to use the relevant services or to upload Posted Content). If you are in default of payment, Savy
Soda reserves the right to seek recovery of the amount owing and/or refuse to
supply, limit or suspend the service or access to which the payment relates.
8.
Disclaimer of
warranties. You acknowledge and agree that the
Website and Content is provided “as is” without representation or warranty,
whether express or implied. To the
maximum extent permitted by law, Savy Soda expressly disclaims all warranties
and representations, express or implied, including those as to quality,
merchantability, or fitness for a particular purpose and those arising by
statute.
To the extent that Savy Soda is able to do so, Savy
Soda on its own behalf and on behalf of its affiliates, related entities and
officers expressly limits their liability for breach of any non-excludable
condition or warranty implied by virtue of any legislation to the following
remedies (the choice of which is to be at Savy Soda’s sole discretion):
a.
in the case of goods, any one or
more of the following: the replacement of the goods or the supply of equivalent
goods; the repair of the goods; the payment of the cost of replacing the goods
or of acquiring equivalent goods; or the payment of the cost of having the
goods repaired; and
b.
in the case of services: the
supply of the services again; or the payment of the cost of having the services
supplied again.
Savy Soda does not guarantee that Your
access to the Website or Content will be uninterrupted, error-free or secure,
and to the maximum extent permitted by law gives no warranty about the
availability of its Website, services or Content.
9.
Limitation of
liability. You agree that Savy Soda is not responsible in any
way for any conduct, act or omission of other users of the Website, including
Posted Content, and You will not hold Savy Soda
responsible for the same.
You agree that Savy Soda is not liable in connection
with this Agreement or the Website for any liability for consequential losses,
lost profits, lost opportunity, loss of goodwill or any other direct and
indirect losses of any kind, whether arising under a claim for breach of
contract, tort, contravention of trade practices legislation or otherwise, even
if You have advised Savy Soda or it could reasonably foresee the possibility of
any such damage occurring.
If notwithstanding the terms of this Agreement, Savy Soda
is found to be liable to You or any third party in any way in relation to the
Website or its Content, whether that liability arises under contract, tort,
negligence, statute or otherwise, then You agree that Savy Soda’s liability is
limited to the amount of $1000 in the aggregate for all such liability
(including costs and legal fees) or the total fees paid by You in the 12 months
prior to the event giving rise to liability, whichever is the greater.
Nothing in this Agreement limits Savy Soda’s liability
for fraud, or for death or personal injury arising from Savy Soda’s negligence
or that of its agents and employees in the scope of their employment.
10.
Indemnity. You are solely responsible for all Posted Content
submitted or accessed by You, Your use of the Website, and any consequences
that may result from the same.
You hereby indemnify Savy Soda and agree to keep Savy
Soda forever indemnified against any and all losses, damages, costs, expenses,
claims or actions inclusive of all legal fees and disbursements resulting from
or arising out of any breach by You of Your obligations under this Agreement or
out of any use made by You of the Website or Savy Soda’s services, including
any such losses, damages, costs or expenses incurred in relation to claims by a
third party that its rights have been infringed.
11.
Notices. Notices to us
must be sent by registered mail to the following address: 201 / 441 Docklands Drive, Docklands
VIC 3008, Australia. Savy Soda may send notices to You via any email address You provide, or by registered mail to any postal address
that You provide. Notices sent by
email are deemed to be received the same day that they are sent unless an automated notification is received by Savy Soda within 24
hours that the transmission was unsuccessful. Notices sent by registered mail are deemed
to be received 3 business days after they are sent.
12.
General matters. This
Agreement represents the entire agreement between You
and Savy Soda, and supersedes all prior agreements and representations. You acknowledge and agree that in
entering into the Agreement, or in using the Website or Content in any way, You have not relied upon any representation made by Savy
Soda.
If Savy Soda does not immediately enforce a provision
of this Agreement, this does not amount to a waiver of Savy Soda’s right to do
so at a later date.
Savy Soda can assign its rights under this agreement
in its absolute discretion.
Clauses 88, 99 and 1010 survive the
termination of this Agreement for any reason.
Where a clause of this Agreement is void, illegal or
unenforceable and its severance would not fundamentally alter the character of
the bargain struck between the parties, it may be severed without affecting the
enforceability of the other provisions in this Agreement.
This Agreement shall be construed in accordance with
and governed by the laws in force in the State of Victoria, and You irrevocably submit to the exclusive
jurisdiction of the courts of Victoria, Australia.