Before you proceed further through our website, you must acknowledge and agree to the following provisions. By checking the “I Agree” box below, you confirm that you agree as follows:
1. Legal Agreement
This is a legally binding agreement between you (‘You’ or ‘your’) and [the company] (‘we, ‘us’ or ‘our’).
You are over the age of 18 years and have the power and authority to enter into this agreement at law. The person who checks the “I Agree” box below has the authority to act on their own behalf and your behalf to enter into and bind you to these terms and conditions.
If you disagree with any of these terms and conditions or do not intend to be bound by these terms and conditions, you will exit the iTiggy website immediately.
2. Governing Law
This agreement and your relationship with us pursuant to this agreement are governed by the law of Queensland, Australia. You irrevocably and unconditionally agree to submit to the non-exclusive jurisdiction of the courts of Queensland for the purpose of resolving any disputes pursuant to this agreement.
3. Our Services
iTiggy is an online advertising medium used by members to place personal posts and as a method for members to communicate without the necessity of providing personal information to other members.
We are not involved in the transactions and communications between members of iTiggy. We are merely a passive conduit for the online distribution and publication of information. As a result we have no control over and, to the extent permitted by law, make no warranties in relation to any information provided by members of iTiggy or the accuracy or truth of any post on iTiggy.
4. Use of iTiggy
We give you a limited licence to access and use iTiggy to access and/or place personal posts with a view to communicating with other members or potential members, but not to download (other than page caching and ‘Preview Clips’) or modify it, or any portion of it, except with our express written consent.
This licence does not include any resale or commercial use of iTiggy or any content on iTiggy (“iTiggy Content”); any collection and use of any product listings, descriptions, or prices; any derivative use of this website or iTiggy Content; any downloading or copying of account information for the benefit of another company;
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page as long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use our trade names or logos as part of the link without our express written consent.
By using iTiggy, you agree not to:
(a) reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit iTiggy for any commercial purpose without our express written consent;
(b) use any meta tags or any other ‘hidden text’ utilising our names or trade marks or those of the owners of any iTiggy Content without our express written consent;
(c) data mine or conduct automated searches on iTiggy or iTiggy Content, whether through the use of additional software or otherwise;
(d) incorporate any iTiggy Content with any other material, including advertising or promotional material;
(e) frame or mirror iTiggy without our prior written consent;
(f) use iTiggy or any facilities available on iTiggy to defame, harass, threaten, menace or offend any person;
(g) tamper with, hinder the operation of, or make unauthorised modifications to iTiggy or any iTiggy Content;
(h) knowingly transmit any virus, worm or other disabling feature to or via iTiggy;
(i) use iTiggy to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
(j) violate the security or any security measures of iTiggy nor that of any of our systems and networks;
(k) access any data on or from iTiggy which is not intended for you;
(l) probe, scan or test the vulnerability of iTiggy or any of our systems or networks;
(m) interfere with service to any other member of iTiggy;
(n) use any device, software or routine to interfere or attempt to interfere with the proper working of iTiggy or any activity being conducted on iTiggy;
(o) use iTiggy or any facilities available on iTiggy for any activities, or transmit to or via iTiggy any information or materials (including placing posts), which:
(i) breach any laws or regulations;
(ii) breach these Terms;
(iii) infringe a third party’s rights (including intellectual property rights, rights of privacy or their trade secrets);
(iv) are inappropriate, offensive, obscene, threatening, indecent,
(v) are false or misleading;
(vi) are discriminatory;
(vii) identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person’s authority; or
(viii) attempt to do, or permit another person to do, any of the above acts.
You access iTiggy at your own risk and you are responsible for compliance with the laws of your jurisdiction and these Terms and Conditions of Use.
While we have taken all due care, we do not guarantee that this website or the materials on it will be free from viruses or that access to this website will be uninterrupted.
We may terminate this agreement and your access to this website at any time without notice and for any reason. All restrictions, licences granted by you and all of our disclaimers and limitations of our liability will survive termination, although you will no longer be authorized to access this website.
Any communication or material that you transmit to or post on this website by electronic mail or otherwise including any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information and you grant us a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose we see fit.
This website and the information and facilities contained on this website must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes our rights.
We reserve the right to permanently ban and/or notify the appropriate authorities of any person who uses, or attempts to use, our website or our services for illegal purposes, or who posts, or attempts to post, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material.
We reserve the right, in our sole discretion, to refuse access by any person at any time to iTiggy.
The placing of a post on iTiggy is subject to these terms and conditions of use.
By posting on iTiggy you are agreeing that the information you post is non-confidential for all purposes. You are granting permission to the public to use and copy your communications.
You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in your post. In this regard it is your responsibility to procure any necessary moral rights consents (if any) from authors of work you submit as part of your post.
Subject to these Terms and Conditions of Use, we will use our reasonable endeavours to display posts in the format submitted by you. However, we make no guarantees or representations regarding the display of your post. We also reserve the right to edit, determine the duration of, withdraw or refuse a post, although we are not responsible for, nor obliged to screen, information that members post on our website.
We do not warrant or guarantee that you will receive a response to your post. We are not responsible for any misrepresentations made by an iTiggy member.
We do not endorse or approve the content posted by other parties and members on iTiggy and will not be responsible or liable in any way for iTiggy Content (including posts) or its accuracy. We cannot guarantee the screening of any content posted on iTiggy prior to publication.
6. Copyright and Trade Marks
All iTiggy Content including without limitation words, pictures, photographs, moving images, sound and software , is owned by us and our content providers and is protected by Australian copyright and trade mark laws.
You are not authorised to use or modify any of the trade marks or logos (registered or unregistered) on this website without our written permission.
You may not reproduce, communicate, publish, or distribute any iTiggy Content on any other web site or anywhere else in any medium without our permission, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth).
7. Other Websites
As a convenience, this website may from time to time include links to other websites and/or materials, which are beyond our control (“Other Sites”). We do not review or monitor any websites linked to this website or to any Other Sites and we are not responsible for content on any websites outside this website.
If you access any Other Sites, you do so at your sole risk and subject to the terms and conditions of those sites.
The inclusion on this website of any links to Other Sites does not imply an endorsement by us of any of the Other Sites or the content contained on those sites. We do not warrant the safety or accuracy of the content on any Other Sites and we will not be liable for any adverse consequences to you whatsoever arising out of your access to or use of any Other Sites.
8. Member Privacy
We may collect personal information about you through the iTiggy website. This personal information may include your name, contact details and any other specifically requested information (“Information”).
9. Your Safety
Our principal goal is to break down barriers between people. However we are not responsible for your personal safety.
You agree to take appropriate steps to ensure your own safety. If you are able to locate the person who you were looking for and have agreed to meet, common sense must necessarily follow and you should ensure that you are meeting in a neutral and safe environment, most preferably with another person. We are not responsible for your failure to take appropriate steps in ensuring your own safety and will not be held liable for any injuries or damage that may arise.
Let’s keep it fun and safe for everyone.
10. Our Liability
We do not warrant that the materials on this website will be suitable for any particular purpose. Access to the materials is provided on a strictly “as is” basis, without any warranty of any kind, either express or implied, to the extent permitted by law.
In consideration for being given access to this website, you release and forever discharge us, our employees, servants and agents and each of them from all and any liability to you of any nature whatsoever in respect of any losses, damages (whether direct, indirect, consequential or otherwise), liabilities, claims or expenses whatsoever arising directly or indirectly from use by you or any other person of this website or any of the links provided in this website or reliance by you or any person upon information contained in or downloaded from this website.
All implied warranties are excluded to the extent permitted by law.
Our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
(a) the supply of the relevant goods or services again;
(b) repair of any goods; or
(c) payment of the cost of having the goods or services supplied again or repaired.
You will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of:
(a) your use of this website or any of its contents;
(b) any breach by you of these Terms and Conditions of Use;
(c) any actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by any post on iTiggy;
(d) any claims brought by or on behalf of any third party relating to any act or omission by you caused by any post placed on iTiggy; or
(e) any post or any proposed post by you on iTiggy.
12. No waiver
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. All rights not expressly granted are reserved.
If we do not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
14. Correspondence from iTiggy
If you register as a member of this website, you consent to receiving correspondence from us, which may include email alerts as well as our newsletter.
You may also be notified of any changes to the site or associated websites that may have a direct effect on the content or appearance of your post. This correspondence forms part of the member service and is necessary for the management of your account. If you do not wish to receive this correspondence please do not register as a member of this website.
15. Changes to these terms
From time to time, we may need to change these Terms and Conditions of Use to reflect our changing business. We may also need to change these Terms and Conditions of Use if we are required by law, for security reasons or for technical or infrastructure reasons.
We may change the Terms and Conditions of Use at any time by posting the changed Terms and Conditions of Use on iTiggy (ie. on this website).
16. No Agency
We are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms and Conditions of Use.
17. Entire Agreement
This agreement constitutes the entire agreement of the parties and supersedes all prior understandings, negotiations, agreements, written or oral, express or implied.