1.1 This agreement constitutes a contract between you and City Beach regarding the use of the Website.
1.2 The term "City Beach" in Clause 1.1 includes City Beach, its proprietors (from time to time), assignees and successors.
2.1 Your right to use the Website is subject to the Terms of Access and City Beach may vary or modify the Terms of Access from time to time in its sole and absolute discretion. If you do not agree to the modifications made to the Terms of Access from time to time, you should immediately cease using the Website; otherwise your continued use of the Website will be evidence of your acceptance of the modified Terms of Access.
2.2 Persons under the age of eighteen (18) years require the consent of their parents or legal guardian/s before using the Website.
2.3 You agree not to use the Website for any unlawful purpose.
2.4 You agree not to use the Website to load up any virus, trojan horses or do anything that is likely to harm the Website, or to cause harm to City Beach's systems or to the system of any person who accesses the Website.
2.5 City Beach reserves its right to discontinue, temporarily or permanently, the Website and/or any of the facilities available via the Website without notice to you.
2.6 City Beach reserves its right to restrict access to the Website or certain parts of the Website at any time without notice to you. City Beach acknowledges that you may cease using the Website at any time.
2.7 City Beach is not liable to you or any third party by way of Contract or Tort for:
- Any suspension or termination of the Website and/or any of the facilities available via the Website.
- Restriction of your access to the Website and/or any of the facilities available via the Website.
2.8 You have read and agree with the following information supplied on the web site.
3.1 You agree to provide accurate and current information about yourself (termed "Registration Data") when completing the member registration form.
3.2 You agree to update your Registration Data in the event that your Registration Data changes or becomes out-of-date.
3.3 City Beach may impose or alter, without notice to you, any conditions for becoming a member and City Beach reserves its rights to alter or vary the benefits and privileges accruing to members.
3.4 Once City Beach approves you as a member, City Beach agrees to issue you with a password and it is your responsibility to maintain the confidentiality of the password. City beach is not liable for any loss or damage arising from the unauthorised use of a password.
3.5 City Beach has the right to refuse, terminate or suspend your membership, password or use of the Website in its absolute and sole discretion.
3.6 Without limiting Clause 3.5, City Beach may terminate or suspend your membership, password or use of the Website if:
- City Beach suspects that the Registration Data provided by you is outdated, false, offensive, inaccurate or impersonates someone else.
- City Beach, in its sole opinion, considers that you have breached Clause 4.3 of the Terms of Access.
3.7 City Beach is not liable to you or any third party for any loss or damage or claim arising from your membership being terminated or suspended.
3.8 You agree to City Beach sending you electronic mail (e-mail) from time to time to inform you of changes to the Website and to inform you of promotions and advertisements.
4.1 The Website provides persons with the opportunity to engage in a discussion forum and other interactive communication. City Beach requires that persons use the Website and its facilities, including but not limited to the discussion forum, in a responsible manner.
4.2 City Beach does not pre-screen the content posted, transmitted or submitted via the Website by persons other than City Beach. You acknowledge that you may be exposed to content which is offensive to you.
4.3 You are not to post, transmit or submit content via the Website which is offensive, rude, distasteful, malicious, abusive, defamatory, libelous, slanderous, harassing, racially or sexually offensive, or which infringes the privacy rights of another or which is promotional in nature or which City Beach determines, in its sole and absolute discretion, to be unacceptable.
4.4 City Beach reserves its right to refuse, remove, edit or modify any content posted, transmitted or submitted via the Website in its sole and absolute discretion and includes, but is not limited to, content which, in the sole opinion of City Beach, contravenes Clause 4.3.
4.5 City Beach is not liable for any loss or damage arising to you or third parties from content posted, transmitted or submitted via the Website.
4.6 Entry to City Beach online competitions is provided to all residents of Australia on the proviso that the entrant is available to pick up their prize from their nominated store within the allotted timeframe detailed in the winner's prize confirmation e-mail. No requests for arrangements to mail or courier a prize to a winner will be considered and no exceptions or correspondence will be entered into.
5.1 City Beach agrees to make available a SMS Service to persons that are members of the City Beach Website ("the SMS Service").
5.2 You agree that City Beach may terminate or suspend the SMS Service at any time in its sole discretion.
5.3 City Beach reserves its right to refuse to provide the SMS Service to any member in its sole and absolute discretion.
5.4 By sending a SMS to initiate the SMS Service, you will incur a cost from your mobile phone carrier and you agree to be responsible for this cost.
5.5 City Beach acknowledges that you may unsubscribe from the SMS Service at any time.
5.6 We do not guarantee that the SMS Service is compatible with all networks. We are not responsible for the non-compatibility of certain mobile phones with the SMS Service.
6.1 You acknowledge that the use of the Website is at your sole risk. City Beach gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the information contained on the Website. Any reliance upon any information contained on the Website is at your sole risk.
6.2 City Beach is not liable for any loss or damage or claims as a result of you or a third person acting on the material appearing on the Website.
6.3 City Beach makes no warranty that the Website will be secure or error-free or virus-free and any material downloaded through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or for any loss of data.
7.1 You represent and warrant in relation to any material that you post, transmit or submit via the Website that:
- You are authorised to provide the material
- The material does not infringe or interfere with the rights of any person, including the privacy of any person
- The material is original and does not infringe any intellectual property right including, but not limited to, trade marks, confidential information and copyright
- The material is not defamatory or obscene or does not constitute a "passing off" of any material
- The material does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland
7.2 You agree not to post, submit or transmit via the Website any persons' name, contact details and other personal information unless you have first sought and obtained the written permission of that person to do so.
7.3 By posting, submitting or transmitting material via the Website, you agree to grant City Beach a perpetual, non-exclusive and payment-free licence to reproduce, use and exploit the intellectual property, as part of the Website.
8.2 You agree to and acknowledge the following matters:
- That City Beach cannot ensure the security or privacy of information you post, transmit or submit through the Website and you release City Beach from any liability in connection with the use of information by other parties.
- That any information posted, transmitted or submitted through the Website by you (including your personal information) may be shared with City Beach's promotional partners and you release City Beach from any liability in connection with the use of information by City Beach's promotional partners.
- That City Beach cannot control the use by others of any information that you post, transmit or submit via the Website and City Beach recommends that you exercise caution when selecting the information that you submit.
9.1 You agree to indemnity City Beach and its proprietors, officers, directors, employees and agents against any loss, damage or claims where such loss or liability arose out of or in connection with a breach of this Agreement by you, or the publication or distribution of material or information supplied to the Website by you, or any complaints or charges made by other parties against you.
11.1 The information and material appearing on the Website is to be used for your sole personal use only.
11.2 City Beach reserves all intellectual property rights in the Website and any necessary software used in connection with the Website. Except as authorised by City Beach you agree not to:
- Distribute the Website, in whole or part, in any form
- Store the Website, in whole or part, in any storage media
- Re-transmit the Website, in whole or part, in any media
- Create derivative works based on the Website, in whole or part
- Upload the material to any other site on the World Wide Web.
11.3 City Beach is a registered trademark. The City Beach logo may not be used without the prior specific, written permission of City Beach.
11.4 You acknowledge that the Website contains advertisements and material from City Beach's promotional partners and that such material is protected by copyright, trademarks and other intellectual property law.
12.1 This agreement is entered into in Queensland. This agreement is governed by and interpreted in accordance with the laws of the Queensland.
12.2 You acknowledge that the Website contains advertisements and material from City Beach's promotional partners and that such material is protected by copyright, trademarks and other intellectual property law.
12.3 If any part of this agreement is held unenforceable or invalid, that part of the agreement will be deemed to be severed and the remaining provisions will continue in operation.