Customer Information
Terms & Conditions

Website Terms and Conditions

General
Access and use of our websites
Access and use of our automated webservices
Communication forums
Commissions
Advertising and e-commerce offers



General  Back to Top

Our web services consist of our website(s) and our automated web services owned, controlled and/or operated by us.

Our website may include materials owned by third parties and posted on our website by virtue of a licence, grant or some other form of agreement between the third party and us.

Your use of, and/or access to our website constitutes your agreement to these conditions of use. We reserve the right to amend the conditions of use at any time without notice to you. Any changes will be published in this web document. Since you are bound by these conditions of use, you should periodically refer to this web document to monitor changes.

The conditions of use are effective until terminated by us. We may terminate this agreement and your access to our website at any time without notice. In the event of termination, you are no longer authorised to access our website, but all restrictions imposed on you, licenses and waivers granted by you and all of our disclaimers are limitations of liability set out in these conditions of use (as amended) will survive.

If you become aware of misuse of our website by any person, please contact us with your concerns at Customer.support@soulaustralia.com.au.


Access and use of our websites  Back to Top

All information, text, material, graphics, software and advertisements on our website (‘content’) are protected by Australian and international copyright and trademark laws.

Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this content in any way except as expressly provided for on the relevant website or expressly authorised in writing by us.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from our website is STRICTLY PROHIBITED unless you have obtained the prior written consent from us or unless it is specifically stated otherwise within the website. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on our websites.

This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained on our websites including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

Our website may contain links to other websites for your information and convenience. We make no warranty or representation as to the function of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such websites entirely at your own risk.

Strictly on the condition that you keep all content intact and in the same form as presented on our websites (including without limitation or copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the content for your personal, non-commercial use.


Access and use of our automated webservices  Back to Top

In using our automated web services in particular you must not:

  • use the service in any manner involving illegal, malicious, deceptive or misleading activity;
  • attempt an unauthorised access or modification of our website or computer systems or information or to interfere with normal system operations of our website;
  • transmit any message using the service which may be considered offensive, indecent or obscene;
  • knowingly transmit a computer virus or other malicious computer program or otherwise access or damage our website or computer systems;
  • in any way interfere the availability of the service to other users;
  • infringe any others’ intellectual property rights;
  • disclose the private or confidential information of another;
  • to store, publish, display, distribute or post material that is obscene, offensive, defamatory, abusive or that violates any law or regulation including enabling a minor to access inappropriate material;
  • breach any standards, content requirements or codes known by any relevant authority or industry body; or
  • while using the service impersonate another person.
What constitutes inappropriate use will be determined by us at our sole discretion.


Communication forums  Back to Top

Messages Posted to Forums
Intellectual Property in Messages
Liability for Use of Forums

Messages Posted to Forums  Back to Top

Our website may contain electronic bulletin boards and other communication facilities which provide for feedback by users to our website and other electronic messaging and notice services (‘Forums’).

You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication) (collectively ‘Messages’) to the forums. However, we accept no responsibility whatsoever in connection with or arising from such messages.

We do not endorse and have no control over the content of Messages submitted by others to Forums. Messages submitted to forums are not necessarily reviewed by us prior to the posting and do not necessarily reflect our opinions or policies and we make no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any messages and other materials in the forums. Nonetheless we reserve the right to prevent you from submitting materials to forums and to edit, restrict or remove such messages for any reason at any time.

We assume no responsibility for actively monitoring forums for inappropriate messages. If at any time we choose, at our sole discretion, to monitor these forums, we assume no responsibility for the content of the messages, no obligation to modify or remove any inappropriate messages, and no responsibility for the conduct of the user submitting any message. In submitting messages to forums, you agree to strictly limit yourself to discussions about the subject matter for which the forums are intended. You agree that we accept no liability whatsoever if it determines to prevent your messages from being submitted or if it edits, restricts or removes your messages. You also agree to permit any other user of this site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the site by any other person.

You agree that you will not submit messages to forums which:

  • are unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication or material that constitutes (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or otherwise violates any local state, national or international law;
  • violate the copyright, trademark or other intellectual property rights of any other person. By submitting messages to forums, you represent to Soul Communication Pty Ltd that you are the rightful owner of such material or that you have first obtained permission from the rightful owner to submit the material;
  • improperly assume or claim the identity, characteristics or qualifications of another person;
  • are spam (mass posting of messages) or the promotion of spam;
  • contain any virus or other harmful component;
  • are libellous, or an invasion of privacy or publicity rights or any other third party rights;
  • post advertisements other than in newsgroups that specifically encourage or permit advertising;
  • post binary files other than in newsgroups that specifically encourage or permit such postings;
  • post large or numerous messages with the purpose of disrupting a forum.
Intellectual Property in Messages  Back to Top

By placing a message on a forum, you grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence (‘Licence’) to do the following in respect of the information or material:

  • use, copy, sub-licence, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
  • sub-licence to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The Licence also includes the right to exploit all proprietary rights in any such information or other material including but not linked to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. By your acceptance of these conditions of use, you expressly waive in favour of us and any other party authorised by us all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Liability for Use of Forums  Back to Top

You agree to release us, our parent and affiliates together with their employees, agents, officers, directors and shareholders, from any and all liabilities and obligations whatsoever in connection with or arising from your use of forums.

You agree to indemnify us against any loss, claim, damage or action that we may suffer or incur as a result of any Message submitted by you.

If at any time you are not happy with the forums or object to any material within forums, your sole remedy is to cease using them.

You expressly acknowledge and agree that the Forums provide a means of public and not private communications.

We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.


Commissions  Back to Top

You acknowledge and agree that we may receive a commission or fee from a third party in relation to revenue earned by that third party from your use of our website (including any purchases you make or initiate through our website).


Advertising and e-commerce offers  Back to Top

Our website may also contain third party advertisements (including banner advertisements and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by us. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Soul Communication Pty Ltd and the third party advertiser is solely responsible to you for the delivery of any goods or services.



Current as at 22/01/2008