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Last update: 23/08/2009
Travelfriend.com.au is owned and operated by Becatel Pty Ltd, ABN
54 121 528 336
Travelfriend.com.au acts at all times as a merely passive
conduit for you to distribute your profile information to others.
In
these terms of use, the following terminology applies:
The term, "terms" of use
also refers to "terms and conditions", "terms"
"member, members or
membership"
means any registered member of travelfriend.com.au including standard (non
paying) members and silver (paying) members.
The
terms "You", "Your", "User", or "Users" refers to anyone accessing our
services or web site for any reason.
The term Travelfriend.com.au also refers to
www.travelfriend.com.au
and travelfriend
The term Becatel Pty Ltd
also refers to www.becatel.com.au and becatel
The terms "We", "Us", or "Our" refer to
www.travelfriend.com.au, Travelfriend.com.au (or
Travelfriend) and www.becatel.com.au, Becatel Pty Ltd (or Becatel)
The
terms "website, web site or site" means Travelfriend.com.au through which
the services are offered, including (without limitation) to www.travelfriend.com.au,
Travelfriend, Becatel Pty Ltd, Becatel, Becatel.com.au,
www.becatel.com.au
The term
www.travelfriend.com, travelfriend.com.au or travelfriend also refers to Becatel Pty Ltd, Becatel,
Becatel.com.au, www.becatel.com.au
Please
review the following policies, terms and conditions of service carefully before
using this site.
WELCOME TO TRAVELFRIEND.COM.AU
USER AGREEMENT. THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH
TRAVELFRIEND.COM.AU, BECATEL PTY LTD OFFERS YOU ACCESS TO OUR SERVICES. USE OF
THIS WEBSITE CONSTITUTES THAT YOU ARE BOUND TO ACCEPT THESE TERMS OF USE .
1. Eligibility
You
must be at least 18yrs old to use this site or to view its content. By
using or viewing the web site, you represent and agree that:
1.1. You are at least 18 years
of age (or the age of adult in your location if the age of
adult is higher than 18 years)
1.2. You
will not permit any person(s) under the age of 18(or the age of adult in your
location if the age of adult is higher than 18 years) to have access to any of
the material contained within this Web Site
1.3.
You have ever been convicted of a sexually or violent related criminal offence.
2. User
Content
TRAVELFRIEND.COM.AU
maintains interactive portion(s) of the Web site free of charge and other
portion(s) of the web site are chargeable. By
using any interactive services provided herein, you are agreeing to comply with
and be bound by the terms of use and notices relating to is use.
2.1. As a condition of
your use of this Web site and the interactive services contained therein, you
represent and warrant to TRAVELFRIEND.COM.AU that you will not use this Web site
for any purpose that is unlawful or prohibited by these terms of use,
conditions, and notices.
2.2. This Web site
contains one or more of the following interactive services: Profiles, photos,
videos, bulletin boards, chat areas, news groups, forums, communities and/or
other message or communication facilities. You agree to use such services only
to send and receive messages and material that are proper and related to the
particular service, area, group, forum, community or other message or
communication facility. In addition to any other terms or conditions of use of
any Profiles, photos, videos bulletin board services, chat areas, news groups,
forums, communities and/or other message or communication facilities, you agree
that when using one, you will not:
2.2.1.Publish, post,
upload, distribute or disseminate any inappropriate, profane, derogatory,
defamatory, infringing, improper, obscene, indecent or unlawful topic, name,
material or information.
2.2.2. Upload files
that contain software or other material protected by intellectual property laws
or by rights of privacy of publicity unless you own or control such rights or
have received all necessary consents.
2.2.3. Upload files
that contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer.
2.2.4. Advertise any
goods or services for any commercial purpose without explicit permission from TRAVELFRIEND.COM.AU
2.2.5. Offer to sell
any goods or services for any commercial purpose without explicit permission
from TRAVELFRIEND.COM.AU
2.2.6. Conduct or
forward chain letters or pyramid schemes.
2.2.7. Download for
distribution in any manner any file posted by another user of another website
that you know, or reasonably should know, cannot be legally distributed in such
manner.
2.2.8. Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
2.2.9. Falsify or
delete any author attributions, legal or other proper notices, proprietary
designations, labels of the origin, source of software or other material
contained in a file that is uploaded.
2.2.10. Restrict or
inhibit any other user from using and enjoying any of the website profiles,
photos, videos, board services, chat areas, news groups, forums, communities
and/or other message or communication facilities
2.2.11. Members accounts, including standard and
silver membership accounts, are not transferable.
2.2.12. For all levels of memberships, the amount of
message(s) that a member can send to another member per day within the website
will be capped (limited)
2.2.13. You will not create multiple aliases
(usernames)
3. Secure Access to our
website
3.1.You are responsible for maintaining the
confidentiality and security of your travelfriend.com.au username and
password. You are fully responsible for all activities that occurs under
your travelfriend.com.au username and password.
3.2. You agree to immediately notify travelfriend.com.au
of any unauthorized use of your travelfriend.com.au member name or password.
You must ensure that you exit from your travelfriend.com.au account at the
end of each session.
3.3. Travelfriend.com.au reserves
the right at any time to request any form of identification to verify your
identity and/or your compliance with the travelfriend.com.au Terms of use.
4. Fees / Refunds / Termination
4.1. Travelfriend.com.au offers paid memberships. The fees specified on
the web site are payable in advance and are non-refundable. Paid fees will not
attract interest or other financial charges.
4.2. The fees specified on travelfriend.com.au include all applicable
taxes, including goods and services tax (GST).
4.3. travelfriend.com.au reserves the right to change the fees charged or
introduce fees for any of the services at any time. If we introduce a new
service, fees for that service or change fees for current services,
Notification of these changes would be posted on the Web Site.
4.4. We use a third party companies (PayPal) to process
payments on our website. Once you agree to purchase a paid membership, you will
be directed to the PayPal website to paid your fee(s) and directed back to our
website (Travelfriend.com.au) after payment has been made. We (Travelfriend.com.au,
Becatel Pty Ltd) do not keep credit cards or bank account details on our website
and any issues regarding payments or usage of credit cards, bank account
details, etc will need to be directed to the third party company that processed
your payment.
PayPal is a secure website with more
than 100 million members in more than 80 countries. To learn more about PayPal,
click
here
4.5. In the event that you are removed from the website for
breach of our terms of use or for any other reason, your remaining subscription
will be lost and is not refundable.
4.6. Memberships are non refundable.
If you choose to cancel your membership before the expiry date, no refund(s)
would be issue.
5. TRAVELFRIEND.COM.AU has no obligation to monitor Profiles, photos, videos, bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities. However, TRAVELFRIEND.COM.AU reserves the right at all times to disclose any information deemed by TRAVELFRIEND.COM.AU necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
6. You acknowledge that communications to or with the view of profiles, photos, videos, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. TRAVELFRIEND.COM.AU does not control or endorse the content, messages or information found in any of the profiles, photos, videos, bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, website managers or hosts, none are authorized TRAVELFRIEND.COM.AU spokespersons and their views do not necessarily reflect those of TRAVELFRIEND.COM.AU. You are solely responsible for your interactions with other TRAVELFRIEND.COM.AU members. TRAVELFRIEND.COM.AU reserves the right, but has no obligation, to monitor disputes between you and other members.
7. TRAVELFRIEND.COM.AU has links to third party web sites. These links are provided solely as a convenience to you and such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked site or its content. TRAVELFRIEND.COM.AU has not reviewed any of these third party sites and should you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
8. The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. TRAVELFRIEND.COM.AU may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
9. TRAVELFRIEND.COM.AU MAKES NO REPRESENTATIONS about THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
10. TRAVELFRIEND.COM.AU HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
11. IN NO EVENT SHALL TRAVELFRIEND.COM.AU BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
11.1. WITH THE USE OR PERFORMANCE OF THIS WEB SITE,
11.2. WITH THE DELAY OR INABILITY TO USE THIS WEB SITE,
11.3. WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
11.4. FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRAVELFRIEND.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
12. DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
13. TRAVELFRIEND.COM.AU reserves the right in its sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.
14. This agreement is governed by the laws of the State of Victoria, Australia.
The jurisdiction for all disputes arising under this Agreement shall lie
exclusively in the courts of the State of Victoria. You hereby consent to the exclusive jurisdiction and venue of courts in in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TRAVELFRIEND.COM.AU as a result of this agreement or use of this Web site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
15. This agreement constitutes the entire agreement between the user and TRAVELFRIEND.COM.AU with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.
16. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at
http://www.netalert.net.au
http://www.iia.net.au/guideuser.html or other analogous sites providing information on such protections. Please note that TRAVELFRIEND.COM.AU is
not affiliated, does not represent and have no connections to the services provided on the websites described above.
17. We use third-party advertising companies (e.g.
Google) to serve ads when you visit our website. These companies may use
information (not including your name, address, email address or telephone
number) about your visits to this and other websites in order to provide
advertisements about goods and services of interest to you. If you would like
more information about this practice and would like to know your options in
relation to·not having this information used by these companies,
click here.
- Google, as a third-party vendor, uses cookies to
serve ads on your site.
- Google's use of the DART cookie enables it to serve
ads to your users based on their visit to your sites and other sites on the
Internet.
- Users may opt out of the use of the DART cookie by
visiting the Google ad
and content network privacy policy.
18. All messages express the views of the author and neither the owners of Travelfriend.com.au will be held responsible for the content of any messages.
19. The owners of Travelfriend.com.au reserve the right to remove, edit, move or close any information posted of the website.
20. All logos and trademarks in this site are property of their respective owner. All profiles, photos, videos, messages, comments are property of their users.
21. Limitation of Liability
Subject to any responsibilities
implied by law and which cannot be excluded, Travelfriend.com.au, Becatel Pty
Ltd nor any of its directors, employees, servants or agents is liable to
you for any losses, damages, liabilities, claims and expenses (including but not
limited to legal costs and defence or settlement costs) whatsoever arising out
of or referable to the Content on the Web Site whether in contract, tort,
negligence, statue or otherwise.
22. Indemnity
You agree to fully indemnify Travelfriend.com.au and Becatel Pty Ltd for any
costs, including legal costs related to any content
You", "Your", "User", or "Users", "members" or "member uploads",
publishes or displays on the Travelfriend.com.au site, or transmits to other
Travelfriend.com.au users, registered users or non registered users. You will
also indemnify Travelfriend.com.au and Becatel Pty Ltd for breach of terms of
use or any applicable laws.
Any questions regarding these terms of use, should be directed to
legal@travelfriend.com.au
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