These Terms and Conditions of Use (Terms) govern your use of www.theperthcollective.com (Site) and form a binding contractual agreement between you, and us, Milne Pty Ltd ACN: 616 728 191 trading as The Perth Collective, .
These Terms are important and you should ensure that you read them carefully and contact us at email@example.com with any questions before you use the Site.
TPC may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Site. Your subsequent or continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Site.
These Terms were last updated in February 2019.
Licence to use Site
25 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the Terms.
26 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
27 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site. Nothing displayed on the Site should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Site without the express written consent of the relevant owner.
28 The material on this website is protected by copyright under the Australian Copyright Act 1968 (the Act) and, through international treaties, in other countries. Content displayed on or via the Site is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions. You agree not to copy, distribute or modify content from the Site without our express written consent. You may not disassemble, decompile, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Site (other than your own content).
29 By uploading, transmitting, posting or otherwise making available any material via the Site or to TPC directly for the purpose of uploading on to the Site, you:
29.1 grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
29.2 except where expressly stated otherwise, also grant each user of the Site a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Terms;
29.3 warrant that you have the right to grant the above mentioned licences; and
29.4 consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
30 We reserve the right (but have no obligation) to:
30.1 review, modify, reformat, reject or remove any material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
30.2 monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
31 We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Site by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made material available on the Site simply by facilitating others to post, transmit or other make material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
32 No credits can be given to photographers in SALTED magazine.
33 If you think that the Site has been accessed or used by another user in breach of the Terms, please email us at firstname.lastname@example.org. We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.
Policy on using the Site and posting in the blogs
34 We want to ensure that the Site is useful, clean, friendly and as easy to use as possible for everyone. Posts that fall outside the TPC Guidelines, or our Terms, may be removed from the site.
35 We may issue warnings, limit or terminate service, remove hosted content and take technical and legal steps to keep users off the site, if we think they are creating problems or not acting in accordance with our policies. However, TPC does not accept any liability for monitoring or for unauthorised or unlawful content on the Site or use of the Site by users.
36 As a condition of your use of the Site you agree that you will not:
36.1 violate the rules or guidelines on posting;
36.2 harvest or otherwise collect information about others, including email addresses, without their consent;
36.3 bypass measures used to prevent or restrict access to the Site.
36.4 use the Site in breach of any applicable laws or regulations;
36.5 use the Site (or material obtained from the Site):
(a) to impersonate any person or entity;
(b) to solicit money, passwords or personal information from any person;
(c) to harm, abuse, harass, stalk, threaten or otherwise offend others; or
(d) for any unlawful purpose;
36.6 use the Site to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:
(a) is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
(b) is false or misleading;
(c) contains, promotes, or provides information about unlawful activities or conduct;
(d) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(e) exploits another person in any manner;
(f) includes an image or personal information of another person or persons unless you have their consent;
(g) poses or creates a privacy or security risk to any person;
(h) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
(i) contains large amounts of untargeted, unwanted or repetitive content;
(j) contains restricted or password only access pages, or hidden content;
(k) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
(l) contains financial, legal, medical, health, nutritional or other professional advice;
36.7 interfere with, disrupt, or create an undue burden on the Site;
36.8 use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Site;
36.9 use the Site with the assistance of any automated scripting tool or software;
36.10 frame or mirror any part of the Site without our prior written authorisation;
36.11 use code or other devices containing any reference to the Site to direct other persons to any other web page;
36.12 except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so; or
36.13 delete any attributions or legal or proprietary notices on the Site.
37 You are solely responsible for all information that you submit to the Site and any consequences that may result from your post.
38 We reserve the right at our discretion to remove any post that we feel is inappropriate, breaches these Terms, is not relevant, or of value to the Site community, with or without notice to the poster. We also reserve the right at our discretion to restrict usage of the Site either temporarily or permanently, or refuse to accept a Membership.
39 You use the Site at your sole risk.
40 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
41 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to the amount paid by you for your TPC Membership.
42 You agree not to hold us responsible for things other users of the Site post or do.
43 We do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of the goods and services on offer. You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Site in any circumstance.
44 In no event do we accept any liability for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions that encourage or represent conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
45 We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
46 Accordingly, to the extent legally permitted, we disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising from your use of the Site, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
47 If we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the total fees you pay to us in the 12 months prior to the action giving rise to liability.
48 In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Site.
49 We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
50 None of our affiliates or directors, officers, employees, agents, contributors, third party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with the email or the website, its use, its content or any products or services (including our products or services) referred to on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
50.1 failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
50.2 accessing any sites or servers maintained by other organisations through links on the email or the website. Links are provided for the convenience of users of the email and the website only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by the Publishers and your linking to any such site is at your own risk. Linking our website without permission is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
50.3 the provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on the website.
50.4 defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
51 You agree to fully indemnify us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of your accessing, using or transacting on this site or your attempts to do so, and/or any breach by you or your agents of these Terms.
Access to the Site
52 While we use reasonable endeavours to ensure that the Site is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
53 The Site website utilises cookies. If you do not have cookies enabled in your web browser some functions of the site may not work as intended.
54 You are welcome to create links from your website to the Site. However, you must not use TPC trade marks or logos for this purpose, unless you have our permission.
55 Our website and emails may contain links to websites not owned or operated by TPC. We do not accept liability for the availability or content of these sites.
56 Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Site are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.
57 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
58 If we don’t enforce any particular provision, we are not waiving our right to do so later.
59 These Terms shall be construed in accordance with and governed by the laws of Western Australia, Australia. You consent to the exclusive jurisdiction of the courts in Western Australia, Australia to determine any matter or dispute which arises under the Terms.
60 Should a dispute arise between you and TPC, we strongly encourage you to contact us directly to seek a resolution by contacting us on email@example.com. Any reasonable requests will be considered and we will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
61 You may not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
62 These Terms and the other policies posted on the Site constitute the entire agreement between TPC and you, superseding any prior agreements.