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AGREEMENT COVERING THE TERMS AND CONDITIONS OF USE
OF THE LETSGETOGETHER SERVICE
When you
join Letsgetogether and/or use the Letsgetogether Service
(“Service”) you agree to all of the terms and conditions of this
Agreement. Please read
the following terms and conditions carefully, as they form the agreement
between us. If you do not agree to these terms and conditions, you may
not use the Service and should not proceed to register.
By using the
Letsgetogether Service you are agreeing to be bound by this Agreement,
including all amendments made to date.
By entering
a tick alongside the "I Accept the Terms and Conditions ", and
pressing the 'Send' button, you register as a Member and accept the terms
and conditions described below applicable to your use of the
Letsgetogether Service.
- User Agreement
This Agreement constitutes your agreement with Letsgetogether
with respect to your use of the Service. You must agree to abide by all
of the terms and conditions contained in this Agreement in order to
become or remain an authorized user of the Service. As used in this
Agreement, "we" and "us" means Letsgetogether or any successor or
assign of Letsgetogether
- Modifications
We may modify this Agreement from time to time. Notification of changes
in this Agreement will be posted on the Service or sent via electronic
mail, as we may determine in our sole discretion. If you do not agree
to any modifications, you should terminate your use of the Service.
Your continued use of the Service now, or following the posting of
notice of any changes in this Agreement, will constitute a binding
acceptance by you of this Agreement, or any subsequent modifications.
The current version of the Agreement, binding you, is that displayed on
the Letsgetogether web site.
- Able to make legally binding contract
You represent, warrant and covenant that you are at least 18 years old
and are fully qualified and empowered to enter into this Agreement.
- Right to use
Your right to use the Service is subject to any limitations, conditions
and restrictions established by us from time to time, in our sole
discretion. We may alter, suspend or discontinue any aspect of the
Service at any time, including the availability of any Service feature,
database or content. We may also impose limits on certain features and
aspects of the Service or restrict your access to parts or all of the
Service without notice or liability.
- Right to terminate
We reserve the right to terminate the Service, or any part thereof, at
any time in our absolute discretion. We reserve the right to terminate
this Agreement, or your use of the Service, at any time in our absolute
discretion, with your sole entitlement being a right to refund of any
unused portion of subscription payments.
- Public and Private Information
Information you may enter into or upload to Letsgetogether may include
Information that remains Private to you and Letsgetogether, and
Public Information that you choose to make available for other users of
the Service. Letsgetogether will deal with your private
information in accordance with our Privacy Statement, which you can
review here.
- Letsgetogether does not control
information
You, and not Letsgetogether, are entirely responsible for all of your
Public Information, including all postings, messages, text, files,
images, photos, video, sounds, or other materials, that you upload,
post, e-mail, transmit or otherwise make available via the
Letsgetogether web site and our services. We do not control your
information or the information of other users and do not guarantee the
accuracy, integrity or quality of your information or the information
of other users.
- Letsgetogether not liable for
any information
You agree that under no circumstances will Letsgetogether be
liable in any way for any Information, including, but not limited to,
for any errors or omissions in your Information or the Information of
other users, or for any loss or damage of any kind incurred as a result
of the use of your Information or use of or reliance upon Information
of other users posted, e-mailed, transmitted or otherwise made
available in connection with our web site and services.
- We have the right to monitor and
eliminate materials
We reserve the right to monitor all advertisements, public postings and
messages, pictures, photographs, audio and video recordings to ensure
that they conform to the terms of this Agreement and to any Information
Guidelines that may be applicable from time to time.
- Exposure to objectional materials
You understand that Letsgetogether does not control, and is not
responsible for Information made available through the Service, and
that by using the Service, you may be exposed to Information that is
offensive, indecent, inaccurate, misleading, or otherwise
objectionable.
- Removal of Information
While we do not and cannot review every message or other material
posted or sent by users of the Service, and are not responsible for any
content of these messages or materials, we reserve the right, but are
not obligated, to delete, move, or edit messages or materials,
including without limitation profiles, public postings and messages,
that we, in our sole discretion, deem to violate terms regarding
Information as set out in this Agreement or any applicable information
guidelines, or to be otherwise unacceptable.
- Removal of Member Account
It is your responsibility to notify Letsgetogether that you wish
to close your registration
- Links to other web sites
The Letsgetogether site and Information available through the Service
may contain links to other websites, which are completely independent
of Letsgetogether. Letsgetogether makes no representation
or warranty as to the accuracy, completeness or authenticity of the
information contained in any such site, and we do not warrant that such
information may be free of objectionable materials. Your linking to any
other websites is at your own risk.
- You agree not to do certain things
You agree not to post, email, or otherwise make available Information:
- that is unlawful, harmful, threatening, abusive, harassing,
defamatory, pornographic, libelous, invasive of another's privacy, or
harms minors in any way;
- that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable;
- that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, or falsely states or
otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another
person without that person's explicit consent.
- that is false, deceptive, misleading, deceitful or mis-informative;
- that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party, or Information that you do not
have a right to make available under any law or under contractual or
fiduciary relationships.
- that constitutes or contains "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial email;
- that constitutes or contains any form of advertising or
solicitation;
- that includes links to commercial services or web sites, except
as specifically authorized in writing by Letsgetogether;
- that advertises any illegal services or the sale of any items the
sale of which is prohibited or restricted by applicable law;
- that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive
number of messages (flooding attack) to the Service, or that
otherwise negatively affects other users' ability to use the Service;
or
- that employs misleading email addresses or otherwise manipulated
identifiers in order to disguise the origin of Information
transmitted through the Service.
- Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- collect personal data about other users for commercial or
unlawful purposes;
- infringe another user’s privacy rights;
- purposefully post Information in an irrelevant category,
repeatedly post the same or similar Information or otherwise impose
an unreasonable load on the Letsgetogether systems and
infrastructure; or
- attempt to gain unauthorized access to Letsgetogether
computer systems or engage in any activity that disrupts, diminishes
the quality of, interferes with the performance of, or impairs the
functionality of, the Service or the Letsgetogether website.
- Security
Your account is private and should not be used by anyone else. You are
responsible for all usage or activity on the Service by users using
your password, including but not limited to use of your password by any
third party. You are responsible for maintaining the confidentiality of
your password. You agree to immediately notify us of any unauthorized
use of your password or any other breach of security. You agree that
Letsgetogether cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 15.
- Meetings or activities you organise
or attend are your responsibility
The Letsgetogether service provide tools that enable users to
arrange physical meetings for various activities. Letsgetogether
does not supervise such meetings or activities and is not involved in
any way with the conduct of any individuals at these meetings or
activities. As a result, we have no control over the identity or
conduct of individuals who are present at these meetings or activities.
- Because Letsgetogether does not supervise any meetings or
activities between users and other persons, and because
Letsgetogether is not involved in any way with such meetings or
activities or with the conduct of any individuals at such meetings or
activities, you unconditionally release Letsgetogether from
claims, demands, and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with your
attendance at, or the conduct of you or other persons at, such meetings
or activities.
- You agree to exercise caution and good judgment when attending
meetings or activities with other people that you have arranged whilst
using Letsgetogether services.
- Proprietary rights & copyright
The Letsgetogether Service contains information which is
proprietary to us, our partners and our users. We assert full copyright
protection in the Service. Information posted by us, our partners or
users of the Service may be protected whether or not it is identified
as proprietary to us or to them. You agree not to modify, copy, rent,
lease, loan, sell, distribute or create any such information in any
manner whatsoever, including derivate works based on such information,
without having first received the express permission of the owner of
such information.
- You may not decompile or disassemble, reverse engineer or otherwise
attempt to discover any source code contained in the Service. Without
limiting the foregoing, you agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes, any aspect of the
Service.
- Letsgetogether trademarks and service marks, and other
Letsgetogether logos, products and service names, are trademarks of
Letsgetogether (the " Letsgetogether Trademarks"). You agree not
to display or use in any manner the Letsgetogether Trademarks
without Letsgetogether prior written consent.
Letsgetogether written consent shall not, however, be required if your
display or use of the Letsgetogether Trademarks constitutes
non-commercial use, news reporting or news commentary.
- Privacy and use of information
By issuing the services you have also agreed to our Privacy Statement.
You acknowledge that (a) we cannot ensure the security or privacy of
information you provide through the Internet and your email messages,
and you release us from any and all liability in connection with the
use of such information by other parties; (b) we are not responsible
for, and cannot control, the use by others of any information which you
provide to them and you should use caution in selecting the personal
information you provide to others through the Service; and (c) we
cannot assume any responsibility for the content of messages sent by
other users of the Service, and you release us from any and all
liability in connection with the contents of any communications you may
receive from other users. We cannot guarantee, and assume no
responsibility for verifying, the accuracy of the information provided
by other users of the Service.
- Disclosure and other communication
We reserve the right to send electronic mail to you, for the purpose of
informing you of changes or additions to the Service, or of any
Letsgetogether related products and services. We reserve the right to
disclose information about your usage of the Service and demographics
in forms that do not reveal your personal identity. By your use of the
Service, you consent to such disclosures and communications subject to
the terms of our Privacy Statement.
- You license us to use information you
generate
We do not claim ownership of your Information. We will use your
Information only in accordance with our privacy policy. However, to
enable us to use your Public Information and to ensure we do not
violate any rights you may have in your Public Information, you
automatically grant, and you represent and warrant that you have the
right grant, to Letsgetogether a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable (through multiple
tiers) right to exercise use, copy, perform, display and distribute
your Public Information in any media now known or not currently known,
and to prepare derivative works of, or incorporate into other works,
such Information.
- As is service
The Letsgetogether service, and all materials, information
(including, without limitation, any information or materials obtained
or accessed through the Letsgetogether services), products and
services included therein are provided on an "as is" basis, with no
warranties of any kind whatsoever.
- Exclusions of liability
Letsgetogether and its affiliates, licensors, partners, suppliers,
consultants and agents expressly disclaim to the fullest extent
permitted by law:
- any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or
availability of information or materials displayed on the
Letsgetogether service;
- any and all responsibility and liability for the conduct of any
Member;
- all express, implied, and statutory warranties, including,
without limitation, the warranties of merchantability, fitness for a
particular purpose, and non-infringement of proprietary rights;
- any warranties for the security, reliability, timeliness,
accuracy, and performance of the Letsgetogether site and the
service;
- any warranties for other services or goods received through or
advertised on the Letsgetogether site or the sites or service,
or accessed through any links on the Letsgetogether site;
- any warranties for viruses or other harmful components in
connection with the Letsgetogether site or the service; and
- any warranties that this Service will be uninterrupted or
error-free. There may be delays, omissions, and interruptions in the
availability of the Service.
- Limitation of liability
You agree that in no event shall Letsgetogether be liable for any
direct, indirect, special, incidental, consequential or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses, arising out of or in
connection with our web site, our services or this Agreement (even if
Letsgetogether has been advised of the possibility of such damages) or
the inability to use our web site or our services (however arising,
including negligence), or arising out of or in connection with
attendance at meetings or activities, and the conduct of you or others
at meetings or activities.
- Letsgetogether liability to you or any third parties in any
circumstance is limited to the greater of (a) the amount of fees, if
any, you pay to us in the twelve (12) months prior to the action giving
rise to liability, and (b) $100.
- Indemnity
You agree to indemnify Letsgetogether, our officers, directors,
employees and agents, from any loss or damages, including without
limitation reasonable legal fees, which we may suffer from your
activities on or use of the Service, including without limitation any
breach by you of this Agreement or any charges or complaints made by
other parties against you. You shall cooperate as fully as reasonably
required in the defense of any claim. We reserve the right to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, provided, however, that you shall remain liable
for any such claim.
- Notices
Except as otherwise stated, any notice to us shall be given by
registered postal mail to Letsgetogether or by e-mail to
info@letsgetogether.com and any notice to you shall be given to the
e-mail address that you provided us during the registration process.
Notice shall be considered given 24 hours after e-mail is sent, unless
the sending party is notified that the e-mail address is invalid.
Notice given by postal mail shall be considered given three (3) days
after the date of mailing.
- Privacy Policy Statement incorporated
by reference
Letsgetogether privacy policy statement is incorporated by reference. We
may change our privacy policy statement at any time or times and our
changes are effective after we provide you with at least thirty (30)
days notice as provided under our privacy policy statement.
- No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship between you and Letsgetogether
is intended or created by this Agreement.
- Assignment
You agree that this Agreement and all incorporated agreements may be
automatically assigned by Letsgetogether, in our sole discretion,
in whole or in part, to one or more third parties in the event of a
merger or acquisition. At the election of Letsgetogether, if
Letsgetogether obligations hereunder are assumed by a third party,
Letsgetogether shall be relieved of any and all liability under this
Agreement. You do not have the right to assign this Agreement or any of
your rights to the Service to anyone.
- Force Majeure
Without limiting the foregoing, under no circumstances shall
Letsgetogether be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or causes
beyond its reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures, strikes,
labour disputes, riots, insurrections, civil disturbances, shortages of
labour or materials, fires, floods, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or fluctuations
in heat, light, or air conditioning.
- No Waiver
Letsgetogether failure to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision
and does not waive our right to act with respect to subsequent or
similar breaches.
- Severance
If any provision of this Agreement is found to be invalid by a court of
competent jurisdiction, you and Letsgetogether nevertheless agree that
the court should endeavour to give effect to the parties' intentions as
reflected in the provision, and that the other provisions of this
Agreement will remain in full force and effect.
- Survival
Sections 8, 17, 19, 20, 21, 24 to 29 (inclusive) and 33 shall survive
any termination or expiration of this Agreement.
- Limitation
You and Letsgetogether each agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to the use of our services or this Agreement must be filed within one
(1) year after the claim or cause of action arose or be forever barred.
- Titles
The section titles in this Agreement are for convenience only and have
no legal or contractual effect.
- Governing Law
This Agreement and the relationship between you and Letsgetogether
shall be governed by the laws of the State of New South Wales,
Australia. You and Letsgetogether agree to submit to the personal and
exclusive jurisdiction of the courts located within the State of New
South Wales, Australia.
- Entire Agreement
This Agreement constitutes the entire agreement between you and
Letsgetogether, superseding any prior agreements between you and
Letsgetogether.
ACCEPTED BY THE REGISTERING USER
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