2.2
You must not:
(a)
use the Web-Site for any activities, or
transmit to or via the Web-Site or to BigO
any information or materials, which breach
any laws or regulations, infringe a third
party's rights, or are contrary to any relevant
standards or codes;
(b)
use the Web-Site to make any fraudulent
enquiries, bookings, reservations, bids,
entries or requests;
(c)
disclose your username or password to any
other person;
(d)
use another Web-Site user's name, username
or password without permission; and
(e)
transmit to or via the Web-Site or to BigO
any obscene, indecent, inflammatory or pornographic
material or material that could give rise
to civil or criminal proceedings.
3
Disclaimer and liability
3.1
The contents of the Web-Site are provided
as is. Although BigO takes care in compiling
the information contained in the Web-Site,
BigO, its officers and employees do not
accept any responsibility for errors or
inaccuracies in any of the information contained
on the Web-Site or accessible via the Web-Site.
3.2
To the extent permitted by law, all warranties,
conditions and representations about the
Web-Site, the availability of the Web-Site,
products or services supplied or offered
to be supplied via the Web-Site or supplied
in connection with the Web-Site and information
contained on the Web-Site are excluded.
If a term is implied by law into these Terms
and Conditions and the law prohibits provisions
in a contract excluding or modifying liability
under that term, then it will be included
in these Terms and Conditions. However,
our liability for breach of such term will
be limited, at our option, to one or more
of the following (a) in relation to goods:
(i) the replacement of the goods or the
supply of equivalent goods; (ii) the repair
of such goods; (iii) the payment of the
cost of replacing the goods or acquiring
equivalent goods; or (iv) payment of the
cost of having the goods repaired; (b) in
relation to services: (i) the supply of
the services again; (ii) the payment of
the cost of having the services supplied
again.
3.3
Subject to clause 3.2 and to the extent
permitted by law, BigO, its officers and
employees will not be liable in any way
(including for negligence) for any loss,
damage, costs or expenses suffered by you
or claims made against you in relation to
your use of the Web-Site or any failure
to provide the Web-Site or any email service
or other service supplied via or in connection
with the Web-Site.
4 Third Party Content and Links
4.1 The Web-Site may offer for sale or advertise
third party products or services and may
contain information provided by third parties.
4.2
The third party products, services and information
are not provided or endorsed by BigO and
your legal relationship is with the third
party supplier. Any representations made
or statements relating to these third party
products or services are made by the third
party suppliers not BigO.
4.3
We have not checked the accuracy or completeness
of the information or the suitability or
quality of the products or services of the
third parties. You must make your own enquiries
with the relevant third party supplier before
relying on the third party information or
entering into any transaction in relation
to the third party goods or services supplied
via the Web-Site.
4.4
The Web-Site may contain links to other
web sites operated by third parties ("Linked
Sites"). We are not responsible for the
contents of any Linked Sites and we are
providing these links for convenience only.
BigO does not make any representations or
recommendations relating to matters referred
to in any Linked Sites. The inclusion of
a link does not imply any endorsement of
any Linked Site and you enter any Linked
Site solely at your own risk.
5
Copyright
5.1
The Web-Site together with any software,
designs, text, graphics, audio recordings
and any other material contained on or supplied
via the Web-Site are owned by BigO or licensed
by BigO from third parties and are protected
by copyright under the laws of Australia
and other countries.
5.2
You may view the Web-Site and its contents
using your web browser and save an electronic
copy of the Web-Site solely in the usual
operation of your web browser in visiting
the Web-Site.
5.3
You may print hard copies of the Web-Site
and its contents solely for your personal
use.
5.4
You must not otherwise reproduce, transmit,
adapt, distribute, sell, modify or publish
or otherwise use any of the material contained
on the Web-Site or contained in any email
sent to you by BigO except as permitted
by law or with BigO's prior written consent.
6
Trade Marks
6.1 The Web-Site contains trade marks which
may be registered or which may be the subject
of pending applications or which may otherwise
be protected by law including but not limited
to BigO and OCTAGONAL ("Trade Marks").
6.2 You may not use the Trade Marks or any
of them without BigO's prior written consent
or the prior written consent of BigO's licensor
if BigO does not own the Trade Mark concerned.
7
Use of your information or material
Subject
to our obligations to you regarding privacy
as set out in the BigO Privacy Policy, we
may use, publish, reproduce, modify, adapt
and transmit any information and materials
you provide to us in connection with the
Web-Site including any articles, stories
or reports you might prepare for inclusion
on the Web-Site at our discretion. By submitting
your personal information to us and each
time you access the Web-Site, you agree
we may use your name in relation to any
of these materials and use the materials
as set out in this clause. 8 Goods and
Services Tax
If
Goods and Services Tax ("GST") is imposed
on the supply of any goods or services made
by us through the Web-Site you must pay
to us, in addition to any consideration
payable or to be provided by you for this
supply, an additional amount for the supply
calculated by multiplying the prevailing
GST rate by the consideration for the relevant
supply payable or to be provided (without
deduction or set off) by you under any other
clause in these Terms and Conditions. Any
amount payable is payable on demand by us,
whether such demand is made by an invoice
or otherwise.
9
Changes to these Terms and Conditions
9.1
We may make changes to these Terms and Conditions
at any time. [We will notify you of any
changes by advertising the change on the
Web-Site.]
9.2
Your continued use of or access to the Web-Site
after such notification constitutes acceptance
of any change to the Terms and Conditions.
10
Termination
We may immediately suspend, terminate or
limit your access to the Web-Site and/or
immediately terminate the Terms and Conditions
if, in our reasonable opinion, you have
breached these Terms and Conditions.
11
Governing law and waiver
11.1
This agreement is governed by the law in
force in the State of New South Wales, Australia
and the parties irrevocably submit to the
non-exclusive jurisdiction of the courts
of New South Wales, Australia in relation
to any dispute or matter of interpretation
concerning this agreement.
11.2
If we do not act in relation to a breach
by you of one the terms contained in these
Terms and Conditions, this does not waive
our right to act with respect to other breaches.
