By using
the RAYV Services (as defined below) which
are owned and operated by RAYV Pty Ltd.
(RAYV) and by accessing the
RAYV Site located at http://www.rayv.com.au,
and all linked pages owned and operated
by RAYV (the RAYV Site), you
agree to be bound by these Terms and Conditions,
as well as any other guidelines, rules and
additional terms referenced herein, and
all such guidelines, terms and rules are
hereby incorporated herein by this reference
(collectively, Terms and Conditions).
RAYV’s on-line services which are
available at the RAYV Site will, among other
things, help you find businesses/services
you are looking for by allowing you to get
reviews from other RAYV users, post and
share these reviews with RAYV users, and
view third party postings/reviews regarding
similar businesses/services (RAYV
Service). These Terms and Conditions
set out the legally binding terms with respect
to your use of and our provision of the
RAYV Site and RAYV Services. Please read
these Terms and Conditions carefully. Your
access to or use of the RAYV Service constitutes
your acceptance of all the provisions of
these Terms and Conditions. If you are unwilling
to be bound by these Terms and Conditions,
do not continue to access or use the RAYV
Service.
1
Definitions
Content means the information,
photographs, graphics, and other material
on the Website.
Installation means all of the
computer hardware and software and any other
machinery and equipment operated in conjunction
with it and used by us to provide the Services.
Post means display, exhibit,
publish, distribute, transmit and/or disclose
information, details and/or other material
on the Website, and the phrases "Posted"
and "Posting" shall be interpreted accordingly.
Services means all or any service
provided by us through the Website.
Website means our Websites,
and includes all web pages controlled by
us.
User means any person other
than you who uses the Services or visits
the Website for any purpose.
we, us, etc means
us. Where the context permits it also includes
any business company or individual who shares
an interest in the sale of any goods and/or
service promoted on the Website. Without
limitation, it includes any subsidiary or
associated company of ours, together with
any licensor, affiliate, or network partner.
you yours etc, means
you, the party to this agreement.
2
Our contract
These terms and conditions regulate the
business relationship between you and us.
By using our Website, you agree to be bound
by them
3
Changes to terms
We may change these terms from time to time.
The terms that apply to you are those posted
here on our Website on the day you order
our services.. It may be useful to print
a copy now.
4
Eligibility
You cannot use the Service, the Website
or the Software if you are under the age
of 13.
If you are between the ages of 13 and 18
you are deemed to be a Minor.
You must provide the Agreement to your parent
(or legal guardian) who must read, understand
and agree to all of the terms and conditions
of the Agreement on your behalf.
If you are a Minor and you have chosen
to accept these Terms of Service, you are
certifying to us that you have your parent’s
(or legal guardian’s) approval and
consent to use the Service, the Software
and the Website and you represent to us
that you and your parent (or legal guardian)
have read, understood and agree to be bound
by and comply with the Agreement.
If you are a parent (or legal guardian)
registering on behalf of the Minor, you
agree to be fully responsible for the Minor,
and will be bound by the terms and conditions
of the Agreement.
If you are a Minor and your parent (or
legal guardian) does not agree to (or will
not or cannot comply with) all of the terms
and conditions of the Agreement for any
reason whatsoever, neither you, nor your
parent (or legal guardian) may use the Service,
the Software, or the Website in any way.
5
Acceptable
use Policy
You ag
ree
to comply with these provisions:
5.1
You
will not use or allow anyone else
to use the Website to post or otherwise
publish:
5.1.1
copyright
works;
5.1.2
commercial
audio, video or music files;
5.1.3
any
material which violates the
law of any established jurisdiction;
5.1.4
unlicensed
software;
5.1.5
software,
which assists in or promotes:
emulators, freaking, hacking,
password cracking, IP spoofing;
5.1.6
links
to any of the material specified
in this paragraph;
5.1.7
pornographic
material;
5.1.8
any
material promoting discrimination
or animosity to any person on
grounds of gender, race or colour.
5.2
You
will not use the Services for spamming.
Spamming includes, but is not limited
to:
5.2.1
The
bulk sending of unsolicited
messages, or the sending of
unsolicited emails which provoke
complaints from recipients;
5.2.2
The
sending of junk mail;
5.2.3
The
use of distribution lists that
include people who have not
given specific permission to
be included in such distribution
process;
5.2.4
Excessive
and repeated posting off-topic
messages to newsgroups;
5.2.5
Excessive
and repeated cross-posting;
5.2.6
Email
harassment of another Internet
user, including but not limited
to, transmitting any threatening,
libelous or obscene material,
or material of any nature which
could be deemed to be offensive;
5.2.7
The
emailing of age inappropriate
communications or content to
anyone under the age of 18.
5.3
You
will not use the Services in a manner,
which violates any city, local, state,
national or international law or regulation,
or which fails to comply with accepted
Internet protocol. You will not attempt
to interfere in any way with our networks
or network security, or attempt to
use the Services to gain unauthorized
access to any other computer system.
5.4
You
will immediately notify us, of any
security breach or unauthorised use
of your account. You will not interfere
in any way with another User(s) use
of the Services. You will not resell,
rent, lease, grant a security interest
in, or make commercial use of the
Services without our express written
consent.
5.5
You
agree not to transfer your email address
for gain or otherwise. Transfer of
such email address will result in
immediate termination of your membership
and your contract.
5.6
You
agree not to assign, transfer, or
authorise any other person to use,
your membership. If you try to do
so, we have the right to terminate
your membership.
6
Information you give us
You agree that you have provided, and will
continue to provide accurate, up to date,
and complete information about yourself.
7
System
Security
7.1
You
agree that you will not, and will
not allow any other person to, violate
or attempt to violate any aspect of
the security of the Installation;
7.2
You
agree that you will, in no way, modify,
reverse engineer, disassemble, decompile,
copy, or cause damage or unintended
effect to any portion of the Website,
or any software used on the Website,
and that you will not permit any other
person to do so.
7.3
You
understand that any such violation
is unlawful in many jurisdictions
and that any contravention of law
may result in criminal prosecution.
7.4
Examples
of violations are:
7.4.1
accessing
data unlawfully or without consent;
7.4.2
attempting
to probe, scan or test the vulnerability
of a system or network or to
breach security or authentication
measures;
7.4.3
attempting
to interfere with service to
any user, host or network, including,
without limitation, via means
of overloading, flooding,
mail bombing or
crashing;
7.4.4
forging
any TCP/IP packet header or
any part of the header information
in any e-mail or newsgroup posting;
7.4.5
taking
any action in order to obtain
services to which you are not
entitled.
8
Content
and Intellectual Property Rights
8.1
Title,
ownership rights, and intellectual
property rights in the Content whether
provided by us or by any other content
provider shall remain the sole property
of us and / or the other content provider.
We will strongly protect its rights
in all countries.
8.2
You
may not copy, modify, publish, transmit,
transfer or sell, reproduce, create
derivative works from, distribute,
perform, display, or in any way exploit
any of the Content, in whole or in
part, except as is expressly permitted
in this agreement.
8.3
You
may post into the Services any Content
owned by you. You accept all risk
and responsibility for determining
whether any Content is in the public
domain. You grant to us the right
to edit, copy, publish, distribute,
translate and otherwise use in any
medium and for any purpose any Content
that you place on the Service. You
represent and warrant that you are
authorized to grant all such rights.
8.4
You
may download or copy the Content only
for your own personal use, provided
that you maintain all copyright and
other notices contained in such Content.
You may not store electronically any
significant portion of any Content.
8.5
You
represent that any user name or email
address selected by you, when used
alone or combined with a second or
third level domain name, does not
interfere with the rights of any third
party and has not been selected for
any unlawful purpose. You acknowledge
and agree that if such selection does
interfere with the rights of any third
party or is being selected for any
unlawful purpose, we may immediately
suspend the use of such name or email
address, and you will indemnify us
for any claim or demand that arises
out of your selection. You acknowledge
and agree that we shall not be liable
to you in the event that we are ordered
or required by a court or judicial
authority, to desist from using or
permitting the use of a particular
domain name as part of a name or email
address. If as a result of such action,
you lose an email address, your sole
remedy shall be the receipt of a replacement.
9
Content
Posted By You on the RAYV Sites
9.1
You
are solely responsible for any Content
and other material that you submit,
publish or display on the RAYV Site
or transmit to other members and/or
other website users (hereinafter,
Posted Content).
9.2
You
may not post, distribute, or reproduce
in any way any copyrighted material,
trademarks, or other proprietary information
without obtaining the prior written
consent of the owner of such proprietary
rights.
9.3
You
may not submit any Content or material
that infringes, misappropriates or
violates the intellectual property,
publicity, privacy or other rights
of any party.
9.4
You
may not provide any Posted Content
that falsely express or imply that
such Content or material is sponsored
or endorsed by RAYV.
9.5
You
may not provide any Posted Content
that is unlawful or that promotes
or encourages illegal activity.
9.6
You
understand and agree that RAYV may
review and delete any business listings
(including business name, address,
phone, fax, distance, reviews, rating,
reviews) or other Posted Content that
in the sole judgment of RAYV violates
these Terms of Service or which might
be offensive, illegal, or that might
violate the rights of, harm, or threaten
the safety of other users or members
of the RAYV Site and/or other website
users.
9.7
You
are solely responsible for your ratings
and reviews of businesses listed on
RAYV. RAYV reserves the right, but
has no obligation, to monitor disputes
between you and any entity which you
have reviewed.
9.8
You
agree that you will only provide Posted
Content that you believe to be true
and you will not purposely provide
false or misleading information.
9.9
By
posting Posted Content on the RAYV
Site, you agree to and hereby do grant,
and you represent and warrant that
you have the right to grant, RAYV,
its contractors, and the users of
the RAYV Site an irrevocable, perpetual,
royalty-free, fully sub-licensable,
fully paid up, worldwide license to
use, copy, publicly perform, digitally
perform, publicly display, and distribute
such Posted Content and to prepare
derivative works of, or incorporate
into other works, such Posted Content.
This license is non-exclusive, except
you agree that RAYV shall have the
exclusive right to practice this license
to the extent of combining your Posted
Content with the Posted Content of
other RAYV users for purposes of constructing
or populating a searchable database
of business reviews.
9.10
The
following is a partial list of the
kind of Content and communications
that are illegal or prohibited on/through
the RAYV Site. RAYV reserves the right
to investigate and take appropriate
legal action in its sole discretion
against anyone who violates this provision,
including without limitation, removing
the offending communication from the
RAYV Service and terminating the membership
of such violators or blocking your
use of the RAYV Service and/or RAYV
Site. You may not post Content that:
9.10.1
false
or intentionally misleading;
9.10.2
is
patently offensive to users
of the RAYV Site, such as Content
or messages that promotes racism,
bigotry, hatred or physical
harm of any kind against any
group or individual;
9.10.3
harasses
or advocates harassment of another
person;
9.10.4
involves
the transmission of unsolicited
mass mailing or "spamming";
9.10.5
violates
the intellectual property or
other rights of any person;
9.10.6
promotes
illegal activities or conduct
that is abusive;
9.10.7
is
threatening, obscene, defamatory
or libelous;
9.10.8
is
pornographic or sexually explicit
in nature.
10
Advertising
You may have contact with third parties
such as our advertisers, sponsors, or promotional
partners as a result of your use of the
Website (Advertisers). All such
contact, including the purchase of goods
and services from Advertisers, is between
you and the Advertisers and we are not responsible
or liable to you in any way in connection
with these activities or transactions.
11
Venue Only
If you enter into correspondence or engage
in commercial transactions with third parties
in connection with your use of the RAYV
Service, such activity is solely between
you and the applicable third party. RAYV
shall have no liability, obligation or responsibility
for any such activity. You hereby release
RAYV from all claims arising from such activity.
12
Privacy
Use of the RAYV Site and/or the RAYV Service
is also governed by our Privacy Policy.
13
Indemnity
You agree to indemnify us against any claim
or demand, including reasonable lawyer’s
fees, made by any third party due to or
arising out of your use of the Services,
the breach or violation of this Agreement
by you, or the infringement by you, or by
any other user of the Services using your
computer, of any intellectual property or
other right of any person or entity, or
as a result of any threatening, libelous,
obscene, harassing or offensive material
contained in any of your communications.
14
Interruption
to the Service
14.1
If
it is necessary for us to interrupt
the Services then we may do so without
telling you first.
14.2
You
acknowledge that the Services may
also be interrupted for reasons beyond
our control.
14.3
You
agree that we are not liable to you
for any loss whether foreseeable or
not, arising as a result of interruption
to the Services.
15
Our liability
15.1
Your
use of the Services is without any
warranty or guarantee.
15.2
Where
we provide a service without specific
charge, then it is deemed to be provided
free of charge, and not to be associated
with any other service for which a
charge is made. Accordingly, there
is no contractual nor other obligation
upon us in respect of any such service.
15.3
We
or our content suppliers may make
improvements or changes to the Website,
the content, or to any of the products
and services described on the Website,
at any time and without notice to
you.
15.4
You
are advised that content may include
technical inaccuracies or typographical
errors.
15.5
We
give no warranty and make no representation,
express or implied, as to:
15.5.1
the
truth of any information given
on the Website by any Associate
or third party;
15.5.2
any
implied warranty or condition
as to merchantability or fitness
for a particular purpose;
15.5.3
compliance
with any law;
15.5.4
non-infringement
of any right.
15.6
Much
of the material provided on the Website
is Posted (and thereby published)
by Users. We are under no obligation
to monitor, vet, check or approve
any such material
We disclaim all responsibility for
information published on the Website
by any person.
15.7
The
Website contains links to other Internet
Websites. We have neither power nor
control over any such Website. You
acknowledge and agree that we shall
not be liable in any way for the content
of any such linked Website, nor for
any loss or damage arising from your
use of any such Website.
15.8
In
no event shall we or our content suppliers
be liable for any special, indirect
or consequential damages or any damages
whatsoever resulting from loss of
use, loss of data or loss of revenues
or profits, whether in an action of
contract, negligence or otherwise,
arising out of or in connection with
the use of the Website or the content
available from this Website.
15.9
These
disclaimers form an essential part
of this agreement. Each sub paragraph
in this agreement is independent and
severable from each other paragraph
and enforceable accordingly. If any
restriction is unenforceable for any
reason but would be enforceable if
part of the wording were deleted,
it will apply with such minimal deletions
as may be necessary to make it valid
and enforceable.
16
Storage
of Data
16.1
We
assume no responsibility for the deletion
or failure to store, deliver or timely
delivery of messages.
16.2
We
may, from time to time and without
notice, set limit(s) on the number
of messages a User may send, through
the service, and we retains the right
to delete any emails above such limit(s)
without any liability whatsoever,
and you hereby release us from any
such liability. Any notice provided
by us to you in connection with such
limit(s) shall not create any obligation
to provide future notification regarding
any change(s) to such limit(s).
17
Modification
We reserve the right to modify the Services
and to change the terms and conditions of
this agreement at any time, without notice.
Your continued use of the Services after
such modifications shall be deemed an acceptance
by you to be bound by the terms of the modified
agreement.
18
Termination
18.1
You
may terminate this Agreement at any
time, for any reason, with immediate
effect. You may terminate the agreement
either by sending notices to us by
post or email. We reserve the right
to check the validity of any request
to terminate membership.
18.2
We
may terminate this Agreement at any
time, for any reason, with immediate
effect by sending you notice to that
effect by email.
18.3
If
we terminate, we shall be under no
liability to you whatsoever, and you
hereby release us from any such liability.
19
Severability
If any of these terms is at any time held
by any jurisdiction to be void, invalid
or unenforceable, then it shall be treated
as changed or reduced, only to the extent
minimally necessary to bring it within the
laws of that jurisdiction and to prevent
it from being void and it shall be binding
in that changed or reduced form. Subject
to that, each provision shall be interpreted
as severable and shall not in any way affect
any other of these terms.
20
Action Limit
You and we agree that any cause of action
arising out of or related to the Services
must commence within one year after the
cause of action arose; otherwise, such cause
of action is permanently barred.
21
No duty to monitor
We are under no obligation to monitor or
record the activity of any customer for
any purpose, nor do we assume any responsibility
through our AUP or otherwise to monitor
or police Internet-related activities.
22
No Waiver
No waiver by us, in exercising any right
shall operate as a waiver of any other right
or of that same right at a future time;
nor shall any delay in exercise of any power
or right be interpreted as a waiver.
23
Relationship of parties
Nothing in this agreement shall create a
partnership, joint venture or agency or
the relationship of employer and employee
between us.
24
Dispute Resolution
In the event of a dispute arising out of
or in connection with the terms of this
Agreement between you and us, then you agree
to attempt to settle the dispute by engaging
in good faith with us in a process of mediation
before commencing arbitration or litigation.
25
Jurisdiction
This Contract shall be interpreted according
to the Laws of Australia and the parties
agree to submit to the exclusive jurisdiction
of the Australian courts. This agreement
shall not be governed by the United Nations
Convention on Contracts for the International
Sale of Goods, the application of which
is hereby expressly excluded.
26
Trade Mark Notice
This site includes registered trade marks
and trade marks which are the subject of
pending applications or which are otherwise
protected by law including, but not limited
to the word RAYV and the RAYV logo. You
may not use these trade marks or the names
RAYV or RAYV Pvt Ltd.
This
Terms & Conditions Agreement was last modified
on 07 November 2007 and is effective
immediately.