About this website

Thenorthernbeaches.com.au is owned and operated by Comformark Pty Ltd (ABN 54 088 126 836) and will be referred to as “we”, “our” and “us” in these terms and conditions

Domain name = http://thenorthernbeaches.com.au (the “website”)

Access via = http://thenorthernbeaches.com.au/ (the “Home page”)

 About these terms and conditions

These website terms and conditions (“terms and conditions”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website. You should read these terms and conditions and the privacy policy carefully before using this website.

 Your access/use implies agreement

The website is available for your use only on condition that you agree to these terms and conditions. By accessing/using the website, you are signifying that you agree to be bound by these terms.

 Modifications to the Terms

We may revise and update these terms and conditions at anytime. Your continued usage of the website after any changes to these terms and conditions will mean you accept those changes.

Modifications to the information

We do not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated, at any time, without notice at our sole discretion.

Errors and problems

Although we endeavour to ensure that the website will be free from viruses, faults and malicious software and that access to the website will be uninterrupted we make no guarantees to this effect. Users should use security measures to protect their personal computers and ensure that these measures are kept up to date.

Our Privacy Policy

Our privacy policy governs the use of information collected from, or provided by you, at the website. Our Privacy Policy declaring our commitment to the Privacy Act 1988 is available at this link Privacy Policy

Publication of Advertising

Publication of advertising is at our sole discretion and advertising may be removed from the web site at any time and without notice, for any reason. Advertising is only published in the specified categories, if your advertisement is not appropriate to the category you select it may be removed by us without compensation to you.

Advertising may only be published on the website by residents, or businesses registered within, or with a physical office or retail outlet, within the geographic locations specified by us. Breaches of this restriction will result in removal of the advertising from the web site without compensation or refund of any advertising fees paid.

Advertising fees are payable at the rate current at the time of payment of those fees. Advertising fees are paid for the designated  contract period and no refund or compensation is payable for advertising removed prior to the completion of that period, or not published during that period even if the non-publication is the result of our actions or fault.

License and Ownership

The copyright for the content on this website is owned or licensed by us and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.

All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Comformark Pty Ltd.

Advertisers must only upload images and material for which they own the copyright, or have written permission from the copyright holders to use such materials in their advertising. Advertisers will be solely responsible and liable for disputes arising from breaches of third part copyright. Advertisers agree to indemnify us from such breaches.

Outbound links

The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by us. We make no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. We may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the thenorthernbeaches.com.au website.

Inbound links

We generally encourage and agrees to your linking to the Home Page through a plain text link on your website without the need for agreement between yourself and us. However, linking to any other page of the website is strictly prohibited, without our express written permission.

Public Forums and User Submissions

The Website Owner is not responsible for any material submitted to the public areas by you (which include advertising, bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the us.

We have  the sole and absolute right to remove any material submitted or posted by you in the public areas, without notice to you, if we determine that the content might –

  1. defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
  2. publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
  3. contain viruses, corrupted files or any other similar software or programs that may damage the operation of the website and/or a third party’s computer system and/or network;
  4. violate any copyright, trade mark, other applicable Australian or international laws or intellectual property rights of us or any other third party;
  5. contain marketing or promotional material which is intended to solicit business, outside of our advertising system.
  6. otherwise be inappropriate to the intended purpose of the website.

Specific Use

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify us against any loss, liability, damage or expense of whatever nature which we or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website.

 Feedback, suggestions, comments or requests

We encourage you to make feedback, suggestions,comments or requests (“comments”) and these comments may be made to tnbinfo@comformark.com.au. If you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and we are under no obligation to keep such information confidential, and we will have an unrestricted, irrevocable, world-wide,royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner we choose.

Jurisdiction

The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of New South Wales.

The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the law of the State of New South Wales, Australia.

Disclaimer of Warranties

We make no representations or warranties about the accuracy,completeness, security or timeliness of the content, information or services provided by the website and disclaim all warranties, either express or implied,statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

Limitation of Liability

If we are found responsible for any damages, our responsible is limited to actual damages only. In no event shall we, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

These Terms and Conditions do not exclude warranties or conditions which we cannot, by law, exclude.

Date of Publication – July 1, 2014