About Us

1 The Ausswingers website, accessible at www.ausswingers.com.au (“the website”), is owned and operated by Ausswingers.com.au on the World Wide Web (“WWW”).

2 The material on the website is copyright © 2007 Ausswingers.com.au and/or other copyright owners.

3 This is a legal agreement between you and Ausswingers.com.au with respect to your access and use of the website.

4. You must accept without modification all of the terms, conditions and notices contained in these Terms and Conditions in order for you to be able to access the website.

5 If you do not accept these Terms of Use in their entirety, you may not access the website.

6 Your use of the website will be deemed as agreement to the Terms and Conditions.

Modification of These Terms and Conditions

1 Ausswingers.com.au may change the Terms and Conditions at any time.

2 Any such changes to the Terms of Use shall be effective immediately.

3 You are responsible for regularly reviewing the Terms and conditions.

4 The most recent version of the Terms of Use can be found at the website homepage.

5 Your continued use of the website affirms your agreement to comply with the Terms of Use and any modifications that have been made to the Terms of Use.

Your Registration Obligations

1 To gain access to the website, you must be a registered member.

2 As the website contains material that is to be restricted in accordance with Australian law, a restricted access system operates on this website to regulate the registration, validation and access of users.

3 Registration must be conducted by an adult over the age of 18 years.

4 In the interests of security, you agree to provide accurate, current and complete information about yourself as prompted by the website’s registration form, and maintain and promptly update the registration data to keep it accurate, current and complete.

5 If Ausswingers.com.au suspects that any information provided through the registration process is untrue, inaccurate or incomplete, Ausswingers.com.au has the right to terminate your account, or refuse access to the website.

6 Each member will be designated their own login name and password, this will be known only to Ausswingers.com.au and the individual user. You are responsible for the use of your account and for preventing unauthorised use of the account.

7 Ausswingers.com.au will not accept any registration that Ausswingers.com.au suspects is being made by or on behalf of a member who has had their registration previously terminated or refused.

Payment Methods

1 Ausswingers.com.au accepts payment via major credit cards including VISA and MASTERCARD.

Refunds

1 Please choose carefully as we do not give refunds simply because you changed your mind or make a wrong decision.

2 Where a duplicate payment may have been received by ausswingers.com.au and has been verified by both parties and their financial institutions, a refund will be made.

Please note: Refunds can take up to 10 working days to show up on your bank or credit card statement. This is a condition of the financial institutions involved.

Privacy Policy

1 Registration data and certain other information about you is subject to Ausswingers.com.au’s privacy policy.

2 For more information, please see our full privacy policy

Member Account, Password and Security

1 You will receive a password and account designation upon completing the website’s registration process.

2 You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

3 You agree to immediately notify Ausswingers.com.au of any unauthorised use of your password or account or any other breach of security.

4 Ausswingers.com.au cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

5 If at any time you wish to cancel your account, you must send an email, stating your account name to admin@ausswingers.com.au.

No Unlawful or Prohibited Use; Responsibility of Your Account

1 As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use.

2 You may not use the website in any manner that could damage or disrupt the website.

3 You may not use the website in any manner that could interfere with any other member's use and enjoyment of the website.

4 You may not use the website to advertise or offer to buy or sell any goods or services.

5 You agree that your account is to be used within the website only to send and receive appropriate messages and material. By way of example, and not as a limitation, you agree that when using the website, you will not:

i)Use the website in connection with surveys, contests, chain letters, junk email, or spamming;

ii) Transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying or otherwise violates the legal rights of others;

iii) Act in a manner that is intentionally false or misleading, including the use of a false identity;

iv) Post any inappropriate, profane, defamatory, obscene, indecent or unlawful material;

v) Infringe upon intellectual property rights, copyright or trademark laws, trade secret, or other proprietary right of any party;

vi) Transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

vii) Transmit files or other material that contain viruses, Trojan horses, worms, corrupted files, or anything else that may damage another member’s property;

viii) Use the website to collect information about others, including personal information such as e-mail addresses;

ix) Act in a manner that negatively affects other users’ ability to engage in real time exchanges.

6 Ausswingers.com.au reserves the right at all times to monitor communications on the website.

7 Ausswingers.com.au reserves the right to disclose any information Ausswingers.com.au deems necessary to ensure your compliance with these Terms of Use.

8 You agree that any personally identifiable information given out through the website via your account will always be done so with caution. Ausswingers.com.au does not control or endorse anything discussed on the website and, therefore, Ausswingers.com.au specifically disclaims any liability with regard to any actions resulting from any participation in the website using your account.

9 You are responsible for all activities that occur in your website account.

10 You agree to notify Ausswingers.com.au immediately of any unauthorised use of your account.

11 You acknowledge that Ausswingers.com.au does not pre-screen content, but that Ausswingers.com.au shall have the right in its sole discretion to remove material posted on the website.

Materials You Post or Provide

1 Ausswingers.com.au is not liable to readers for information posted on the website via your account.

2 You hereby agree to indemnify Ausswingers.com.au for any loss arising from the posting of material on the website using your account.

3 You understand that you, and not Ausswingers.com.au, are entirely responsible for all content that is posted or otherwise transmitted on the website via your account.

4 Ausswingers.com.au does not control the content posted in the website and, as such, does not guarantee the accuracy, integrity or quality of such content.

5 You understand that by using the website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Ausswingers.com.au be liable in any way for any content posted on the website.

6 You warrant and represent in relation to any material and/or information you provide to the website that:

(a) you are authorised to provide the material and/or information;

(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

(c) the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;

(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1999 (Vic), and any other parliament competent to legislate in relation to the website or any law in any country where the material and/or information is or will be available electronically to users of this website.

7 By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the “intellectual property”) on to the website, you are granting Ausswingers.com.au a perpetual, non-exclusive and payment-free license throughout the world to:

(a) reproduce, use and exploit the intellectual property including, as part of the website, to the full extent permitted by intellectual property law in any jurisdiction in which the website is available to users; and

(b) allow Ausswingers.com.au to sub-license others the same rights granted to Ausswingers.com.au in (a) above.

No Warranties; Liability Disclaimer; Exclusive Remedy

1 Ausswingers.com.au is making the website available for others to publish information without assuming a duty of care to users. Ausswingers.com.au is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the website and/or linked sites on the WWW.

2 To the full extent permitted by law Ausswingers.com.au disclaims any and all warranties, express or implied, regarding:

(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the website and/or of any linked sites;

(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the website and/or on any linked sites.

3 Ausswingers.com.au does not warrant guarantee or make any representation that:

(a) the website or the server that makes the website available on the WWW are free of software viruses;

(b) the functions contained in any software contained on the website will operate uninterrupted or are error-free; and

(c) errors and defects in the website will be corrected.

4 Ausswingers.com.au is not liable, whether caused through negligence of Ausswingers.com.au, its employees or independent contractors, or through any other cause, to you for:

(a) errors or omissions in the website, or linked sites, on the WWW;

(b) delays to, interruptions of or cessation of the services provided in the website, or linked sites; and

(c) defamatory, offensive or illegal conduct of any user of the website.

5 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the website.

6 The provisions of this clause 8 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law Ausswingers.com.au liability for any implied warranty or condition is limited to the supply of information available on the website again, or the payment of the cost of having information supplied again.

7 Ausswingers.com.au has no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this website; and as a consequence of removing any material and/or information from this website.

Indemnity

1 You will at all times indemnify and keep indemnified Ausswingers.com.au and its respective officers, employees and agents (in this paragraph 9.1 referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

Termination or Restriction of Access

1 Ausswingers.com.au reserves the right, in its sole discretion, to terminate your access to and use of the website or any portion thereof at any time, without notice.

2 You agree that Ausswingers.com.au shall not be liable to you or any third-party for any termination of your access to the website.

Information Obtained Through the Website

1 Any information obtained through the use of the website is not intended to render professional advice. End users should obtain professional advice in relation to the particular circumstances of their case.

Special Admonitions for International Use

1 Recognising the global nature of the Internet, you agree to comply with all local rules regarding on-line content and acceptable content.

General Information

1 The Terms of Use constitute the entire agreement between you and Ausswingers.com.au and govern your use of the website, superseding any prior agreements between you and Ausswingers.com.au.

2 The Terms of Use and the relationship between you and Ausswingers.com.au shall be governed by the laws of the State of Victoria without regard to its conflict of law provisions. You and Ausswingers.com.au agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, without giving effect to any principles of conflicts of laws.

3 If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

4 The failure of Ausswingers.com.au to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

5 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Moderating

1 Ausswingers.com.au reserves the right to moderate chat rooms available on the website.

Links

1 The website provides links to sites on the WWW owned and operated by third parties and which are not under the control of Ausswingers.com.au.

2 Any links provided or accessed as a result of using the website will allow you to leave the website. The links sites are not under the control of Ausswingers.com.au, and as a result Ausswingers.com.au is not responsible for the contents of any linked site or any link contained in a linked site.

3 Ausswingers.com.au provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by Ausswingers.com.au of the linked site.

Accepting the Terms of Use

1 By accepting these Terms of Use, you acknowledge that:

i)you have read and understand the Terms of Use;

ii)posting commercial messages or messages promoting a product is prohibited and will result in the source computer being banned from using the website;

iii)all chat rooms generate transcripts;

iv)the website’s chat room cannot block all words and phrases that might be deemed unacceptable to everyone.

Comments or Complaints

1 Comments or complaints about the content and management of ausswingers.com.au can be made to Ausswingers.com.au through email info@ausswingers.com.au.

Customer Service Hours

Customer Service hours are between 9am to 6pm (AEST), Monday to Friday.

Use of Material On The Website

1 You may not use the website, or the material contained on it, for any purpose. This involves:

(a) the reproduction of the material in any form;

(b) the distribution of the material in any material form;

(c) re-transmission of the material by any medium of communication;

(d) uploading and/or reposting the material to any other site on the WWW;

(e) “framing” the material on the website with other material on any other WWW site.

2 The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.

3 You may not modify or copy:

(a) the layout of the website;

(b) any computer code or software contained on the website.

4 Ausswingers.com.au reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the website is provided for personal use only and may not, without the prior written consent of Ausswingers.com.au, be:

(a) re-sold and/or re-distributed in any material form;

(b) stored in any storage media; and/or

(c) re-transmitted in any media.