- YOUR USE OF THE WEBSITE
- REGISTRATION AND PASSWORDS
- UNAUTHORIZED USE
- INTELLECTUAL PROPERTY
- THIRD PARTY'S INTELLECTUAL PROPERTY
- USER GENERATED CONTENT
- DISCLAIMER AND LIMIT OF LIABILITY
- PRODUCTS AND SERVICES
- TECHNICAL ISSUES
- SECURITY OF INFORMATION
- COMMUNICATIONS WITH GIRLOSOPHY
1. YOUR USE OF THE WEBSITE
2. REGISTRATION AND PASSWORDS
You may access the site anonymously as a visitor and will not be required to provide personally identifiable information. In order to access certain services and content on the Website, however, you may be required to register to become a member of the Website. You must provide accurate and correct information when registering to become a member and may not use any aliases or other means to mask your true identity. During registration, you may be required to choose a password to use with your email address. Your password should be safeguarded at all times. You are responsible for the security of your password and will be solely liable for any use or unauthorised use under your password. We may suspend or terminate your membership at any time, with or without notice, and with or without cause.
3. UNAUTHORIZED USE
You may not use spiders, robots, or other automated data mining techniques to catalogue, download, store, or otherwise reproduce or distribute content available on the Website. You may not take any action to interfere with the Website or any other user's use of the Website, including, without limitation, via means of overloading, "flooding", "mail-bombing", "denial of service attacking", or "crashing" the Website. You must also comply with all applicable laws, including but not limited to the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth). You must not frame portions of the Website within another website, establish a link from this Website to any other website, alter the appearance of the Website, or establish links from any other website to any page of the Website other than the home page. You must not upload, post, email, transmit, or otherwise make available, any material that contains software viruses or any other computer code designed to interrupt, limit the functionality of, or destroy, any computer software, hardware, or network. You are prohibited from posting or transmitting any threatening, harassing, abusive, libellous, defamatory, obscene, scandalous, or inflammatory material, any material that is invasive of another's privacy, or any material that could otherwise violate any law. Girlosophy will fully cooperate with any law enforcement authorities or court order requesting or directing Girlosophy to disclose the identity or personal information of anyone posting any such information or materials.
4. INTELLECTUAL PROPERTY
All pages and content within this Website, including but not limited to HTML code, software, text, graphics, audio, video, photographs, surveys, logos, advertisements, and other materials are the intellectual property of, or are authorised for use by, Girlosophy and its licensors, business partners, and affiliates (unless expressly stated otherwise), including all trade marks, copyrights, designs, patents, and trade secrets contained within the Website. The trade marks, designs and copyright material on the Websites are protected by Australian and international laws. Except as expressly permitted in these Terms and Conditions or as expressly authorised in writing by Girlosophy, you may not modify, copy, reproduce, adapt, frame, communicate to the public, republish, display, up-load to a third party, post, transmit, or distribute in any way, content available on this Website, including, without limitation, fonts, icons, link buttons, wallpaper, and desktop themes, without the prior written consent of Girlosophy. Nothing contained in these terms and conditions should be construed as preventing you from making a temporary copy of a work or other subject-matter as part of the technical process of accessing the Website on your computer or other device for your personal, non-commercial use, as contemplated by sections 43B and 111B of the Copyright Act 1968 (Cth).
Some Girlosophy content can be shared and embedded using functionality expressly available for these purposes on the Websites. Even if you are expressly authorised to share or embed some Girlosophy content, you must keep all content on the Website intact and in the same form as presented on the Websites (including, without limitation, all copyright, trade mark and other proprietary notices, and all advertisements).
The Website may also contain RSS feeds and podcasting services which Girlosophy provides as free services for private, non-commercial use. RSS and podcasting aggregators may incorporate Girlosophy feeds and podcasts into their directories for the benefit of individuals using the aggregator's service. Any other use is prohibited, including copying, reproducing, republishing, uploading, posting, publicly displaying, encoding, editing, translating, transmitting, or distributing Girlosophy's feeds or podcasts in any way by any means without the prior written permission of Girlosophy. Girlosophy reserves the right to discontinue feeds and podcasts at any time.
5. THIRD PARTY'S INTELLECTUAL PROPERTY
Girlosophy takes the intellectual property rights of others, and all claims of infringement of those rights, very seriously. Girlosophy may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
(a) links to other websites or resources not maintained by Girlosophy; and
(b) information about products or services of third parties.
Girlosophy does not independently verify the business practices of these third parties and makes no warranties on their behalf. Girlosophy has no control over these other websites and resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from third party sites or resources. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such materials available on or through any such site or resource.
We encourage you to be aware when you leave our Website and to read the terms and conditions of each and every website that you visit. The information contained on this Website is for information purposes only. The views and opinions expressed on this Website are not necessarily those of Girlosophy.
7. USER GENERATED CONTENT
Girlosophy reserves the right, but is under no obligation, to do one or all of the following, at our sole discretion: (i) monitor the submission of User Generated Content; (ii) modify, remove, or refuse to post any User Generated Content; and/or (iii) disclose any User Generated through any of our websites, pages, or publications.
Girlosophy does not control the User Generated Content that may be posted to the Website or any Girlosophy pages on Social Media Platforms and therefore does not guarantee its accuracy, integrity or quality.
8. DISCLAIMER AND LIMIT OF LIABILITY
The Australian Competition and Consumer Act 2010 (Cth) as well as other laws in each Australian state and territory provide certain guarantees in relation to the quality and fitness for purpose of goods and services provided by Girlosophy in Australia (via the Website) which cannot be excluded, restricted, or modified ("non-excludable rights").
Subject to these non-excludable rights and to the extent permitted by law, Girlosophy excludes all other conditions and warranties implied by custom, law or statute. Accordingly:
(a) Girlosophy does not warrant:
- that the functions contained in any material on the Website, or visitor access to the Website, will be uninterrupted or error-free;
- that any defects in the Website, or in the material on the Website, will be corrected; or
- that the material published on the Website, the functions contained in any material on the Website, or the server which stores and transmits material to visitors, are free of viruses or any other harmful components.
(b) Girlosophy does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any material in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise of the Website or that material.
(c) visitors assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant material uploaded by them.
To the extent permitted by law, Girlosophy is not liable under any circumstance (including but not limited to any act or omission on the part of Girlosophy), under tort, contract, strict liability or other legal or equitable principles, for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury, wrongful death, special, incidental, indirect, or other consequential damages whatsoever, that result from any use or access of, or any inability to use or access, the website or any related material. To the fullest extent permitted by law, Girlosophy’s liability for breach of any non-excludable right is limited, at the option of Girlosophy, to either the supply of the goods or services (as the case may be) again, or the payment of the cost of having the goods or services (as the case may be) supplied again.
You agree to indemnify and will keep Girlosophy indemnified, for any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by Girlosophy in connection with your use of the Website, your breach of these terms and conditions, or your breach or any rights of third parties.
Girlosophy takes your privacy and the confidentiality of your personal information very seriously. Girlosophy undertakes, as a policy, not to interfere with an individual's privacy rights in the way it collects, uses, or discloses the personal information of any persons who provide it with such information in the course of carrying out its business. This policy, which applies to all personal information collected, held and used by Girlosophy, demonstrates that commitment to privacy. Girlosophy complies with the National Privacy Principles in the Privacy Act 1988 (Cth) as well as other applicable Australian laws protecting personal information ("Australian Privacy Law").
Girlosophy will, at all times, collect personal information in a fair and lawful manner. It will usually collect information directly from the individuals in question. However, Girlosophy may collect personal information from other organisations (such as 5th Finger) who, for example, offer SMS database marketing services.
Girlosophy will take all necessary steps to ensure that any personal information we collect, use or disclose is up to date and accurate.
Girlosophy only collects personal information that is necessary for its activities or functions as an online content creator and media outlet, as a vendor of products and services and in providing a range of other services to its customers and stakeholders. In this capacity, the different primary purposes for which Girlosophy collects and uses personal information are the following:
- for marketing Girlosophy's products and services, including via electronic direct marketing and/or Girlosophy pages on Social Media Platforms; however, in all such cases, you will be given the option of not receiving further communications of that nature; and
- to process customer purchases.
Girlosophy will not disclose personal information which you may provide us to third parties without your prior consent, except in the following circumstances:
- where we are required or authorised to do so by law, including (without limitation) to government agencies or in emergency situations and when assisting in law enforcement.
Girlosophy will never sell your personal information to third parties.
Girlosophy will take reasonable steps to ensure that personal information is secure from any misuse, unauthorised access, modifications or disclosure.
A cookie is a small message given to your web browser by our web server. The browser stores the message in a text file, and the message is then sent back to the server each time the browser requests a page from the server.
Unfortunately, no one can guarantee that data passing over the Internet cannot be intercepted or used by unauthorised third parties. Accordingly, although Girlosophy works hard to protect that information, it cannot ensure or warrant the security of any information you transmit to it. Once Girlosophy receives information that you have transmitted to it, Girlosophy will undertake reasonable steps to preserve the security of that information in its own systems.
10.9 Spam Protection
10.10 Social Media Platforms
Girlosophy currently has a number of social media pages including on Facebook, Twitter, YouTube which you have the option of subscribing to and in the future may join other similar social media platforms (together Social Media Platforms). You may use the Website and/or subscribe to any Girlosophy distribution lists without subscribing to any of our pages on Social Media Platforms.
Before you join the Girlosophy pages on any Social Media Platforms, we ask you to read their privacy policies. The privacy policies of Facebook, Twitter and YouTube, for example, can be found at:
- http://www.facebook.com/policy.php?ref=pf ;
- http://twitter.com/privacy ; and
- http://www.youtube.com/t/privacy_at_youtube .
10.11 Access to personal information
11. PRODUCTS AND SERVICES
From time to time, Girlosophy may provide products or services in connection with this Website. The purchase of such products or services shall be subject to any additional terms, conditions, rules, guidelines, or agreements that are provided to you at the time of purchase.
In addition, from time to time Girlosophy may provide products or services to you in conjunction with other organisations. In these circumstances, you must also comply with these other organisations' terms and conditions, which will be provided to you at the time.
12. TECHNICAL ISSUES
You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked web site.
13. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. However, we do not accept any liability for any interception of information which we transmit to you.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
Should you have any questions regarding these Terms and Conditions you may contact us at:
Address: Girlosophy Pty Ltd
PO Box 107
PALM BEACH NSW 2108
Phone / Fax: +61 (0)2 9974 3589
17. COMMUNICATIONS WITH GIRLOSOPHY