Terms of Use

The use of this website (www.westernchances.org.au) by a person ("User") is subject to the following terms and conditions and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on this website from time to time (together, "Terms of Use").

By using this website, you agree to be bound by the Terms of Use as updated from time to time. If you do not agree with any of the terms contained in the Terms of Use, do not use this website.

1. Use of this website

This website is operated by Western Chances (ABN 17 110 713 865). The information and material on this website is provided for general informational purposes only. Users access this website, and rely on the information and material contained in this website, at their own risk.

2. User-posted content

Some parts of this website may allow Users to submit, upload, post or transmit content or material such as text, photos, images, audio and video (including links to content or material) (Material) that may be accessed and viewed by others via the website. Users are responsible for any Material they submit to this website and must respect the legal rights and sensibilities of other Users.

Western Chances reserves the right to (but has no obligation to) review, remove, modify, deny access to or not display any Material submitted, uploaded, posted or transmitted to or on this website in its sole discretion.

By submitting, uploading, posting or transmitting Material to or on this website, Users:

• grant Western Chances a royalty free, perpetual, worldwide licence to (and to authorise others to) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Material for the purposes of operating this website and any promotional purposes of Western Chances;

• consent to Western Chances using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them which is contained in the Material for the above purposes; 

• warrant that they are legally entitled to submit, upload, post or transmit the Material to or on the website and have obtained all necessary licences, consents and approvals in relation to the Material (including intellectual property licences and in relation to the use of any name, character, likeness, image, voice or anything else that identifies any person that is included in the Material) to enable them to submit, upload, post or transmit the Material on this website and to permit Western Chances to deal with the Material in accordance with the licence granted above; and

• consent to any act or omission that would otherwise infringe their moral rights in the Material and present and future rights of a similar nature conferred by statute anywhere in the world.

3. No liability for misuse by third parties

Western Chances does not warrant that Material submitted, uploaded, posted or transmitted by Users will be protected against misuse by third parties. In particular, Western Chances is not responsible for the infringement of the copyright in Material by other Users.

4. Conduct of users

Users must not submit, upload, post or transmit Material on this website:

  •  that contains advertising or is otherwise submitted, upload, posted or transmitted for commercial purposes (except where expressly permitted by Western Chances);
  • about a product or service that they own or are otherwise associated with (including if they are an employee or agent of the supplier);
  • that is offensive, unlawful, defamatory, false or misleading, discriminatory, unsuitable for minors or of an abusive, obscene, offensive or menacing nature;
  • that contains nudity, swear words or excessive violence;
  • that is reasonably likely to offend another User;
  • that violates or infringes (or the use of which violates or infringes) the intellectual property or other rights of any person or entity;
  • that contains personal information of any person (such as name, address, email address, phone number), except with the relevant person's permission;
  • that contains financial, legal, medical or other professional advice.
     

Users must not use this website to:

  • conduct any illegal activity;
  • cause annoyance or inconvenience to any person including other Users; or
  • harvest information about Users for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.

5. Material posted by other Users

Western Chances is not responsible for, and accepts no liability with respect to, any Material submitted, uploaded, posted or transmitted on this website.

The views and opinions expressed in Material posted by Users on this website are the views and opinions of the authors and do not necessarily represent the views or opinions of Western Chances or its clients. Western Chances does not endorse or support any views or opinions posted by Users on this website or guarantee the accuracy, completeness, currency or suitability of any information posted by Users.

6. Reporting violations

By using this website, Users may be exposed to Material submitted, uploaded, posted or transmitted by other Users that may be offensive, indecent or objectionable. Users agree that Western Chances is not liable for the opinions or behaviour of other Users, including any Material they submit, upload, posted or transmit on this website and any defamatory statements or offensive conduct.

Users who believe that the behaviour or Material of another User is objectionable or contrary to the Terms of Use can report the behaviour or Material to Western Chances by contacting Western Chances at .(JavaScript must be enabled to view this email address).

 7. Disclaimer of warranties and representations

Except as required by law, Western Chances gives no express or implied warranties or guarantees, and makes no representations, in relation to this website. In particular, while care has been taken in creating this website, Western Chances does not warrant or represent that:

  • the information or any material provided on this website is accurate, complete, up to date or suitable for any purpose;
  • this website itself is free from any computer viruses or other defects; or
  • User's access to this website will be continuous or uninterrupted.

8. Limitation of Western Chances' Liability

Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, Western Chances limits its liability, where it is entitled to do so, to the resupply of the relevant service, or paying the User the cost of that resupply. Otherwise, to the maximum extent permitted by law, Western Chances and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on this website or otherwise as a result of or in connection with the use of this website or any information or material provided on this website.

9. Links to third party websites

This website may contain links to other websites that are not operated or controlled by Western Chances. Those links are provided for convenience only and may not be current. Provision of a link should not be construed as an endorsement or approval of the third party website by Western Chances.

Western Chances is not responsible for the content of third party websites, which are not covered by the Terms of Use. Users access those websites at their own risk. Third party websites should have their own Terms of Use, which Western Chances encourages Users to read.

10. Availability and Use

This website is designed for use within Australia only. Users must ensure that their access to, and use of, this website, is not illegal or prohibited by laws which apply to them or in their location.

Western Chances reserves the right to change or remove any feature of this website at any time.

11. Indemnity

Users indemnify Western Chances in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by Western Chances as a direct or indirect result of the User acting inconsistently with or breaching any part of the Terms of Use.

12. Copyright

Copyright in the material in this website is owned by Western Chances or its licensors. 

Users may download information from this website and print out that information, but only for their own private, non-commercial use. Otherwise, except as permitted by the Copyright Act 1968 (Cth), no part of this website (including any Material posted on this website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without the prior written consent of Western Chances. Requests or consent should be directed to Western Chances at .(JavaScript must be enabled to view this email address).

13. Jurisdiction

The content, operation and interpretation of this website and the Terms of Use will be governed by the laws of Victoria, Australia. The User agrees to submit to the non-exclusive jurisdiction of the Courts of Victoria in the event of a dispute arising out of, or in connection with, this website.

14. Changes to these terms and conditions

Western Chances may amend these terms and conditions from time to time by posting the amended version on this website. Subsequent or continuing use of this website will constitute acceptance of any changes.

If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

Updated October 2013


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