- ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. ELIGIBILITY FOR USE
Although BSAA attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against BSAA for failing to adequately screen potential users or prevent the use of BSAA or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of BSAA to post content, or if you imply consent that BSAA may post content on your behalf, either by written or oral means, or you fail to inform BSAA that content should be removed, you are equally responsible for the content. You understand that BSAA does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, BSAA and Content available through the Service may contain links to other websites, which are completely independent of BSAA. BSAA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will BSAA be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. BSAA shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
5. THIRD PARTY CONTENT, SITES, AND SERVICE
BSAA and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BSAA, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for BSAA to verify information provided by the seller of any item. You agree that BSAA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that BSAA is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release BSAA, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
6. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
- that impersonates any person or entity, including, but not limited to, a BSAA employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if: posted in areas of BSAA which are not designated for such purposes;
- or emailed to BSAA users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
- or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by BSAA;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- post the same item or service in more than one classified category or forum;
- attempt to gain unauthorized access to BSAA’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
- or use any form of automated device or computer program that enables the submission of Content on BBQSAA.com.au without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
8. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on BSAA resources, you may not use a Posting Agent to post Content to the Service without express permission or license from BSAA. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from BSAA.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to BSAA email addresses or through BSAA’s computer systems is expressly prohibited by these TOU. Any unauthorized use of BSAA’s computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
11. LIMITATIONS ON SERVICE
You acknowledge that BSAA may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that BSAA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that BSAA reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BSAA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
BSAA grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by BSAA. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
BSAA does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by BSAA to do so. You may create a hyperlink to the home page of BSAA, so long as the link does not portray BSAA, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
BSAA may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. BSAA permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “BBQSAA.com.au” as the source, (d) your use or display does not suggest that BBQSAA.com.au promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden BSAA’s systems. BSAA reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by BSAA immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from BSAA that has been signed by one of BSAA’s authorized representatives.
13. TERMINATION OF SERVICE
You agree that BSAA, in its sole discretion, has the right (but not the obligation) to delete or deactivate your address directory and terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if BSAA believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that BSAA shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of BSAA. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of BSAA, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. BSAA, as well as certain other of the names, logos, and materials displayed on BSAA, constitute trademarks, trade names, service marks or logos (“Marks”) of BSAA or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with BSAA or those other entities.
Although BSAA does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to BSAA an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant BSAA all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
you agree that use of bbqsaa.com.au and the service is entirely at your own risk. bbqsaa.com.au and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. all express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. to the fullest extent permitted by law, bbqsaa.com.au disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of bbqsaa.com.au and the service. to the fullest extent permitted by law, bsaa disclaims any warranties for other services or goods received through or advertised on bsaa or the service, or accessed through any links on bbqsaa.com.au or the service, including without limitation, warranty of title to or delivery of any good or service, any warranty with respect to intellectual property rights in any good or service, any warranty that any good or service conforms to its description or the colors, texture and detail shown on the user’s computer monitor. to the fullest extent permitted by law, bbqsaa.com.au disclaims any warranties for viruses or other harmful components in connection with bbqsaa.com.au or the service. no advice or information, whether oral or written, obtained by you from bbqsaa.com.au. bbqsaa.com.au or through the service shall create any warranty not expressly made herein. some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
under no circumstances shall bsaa be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if bsaa has been advised of the possibility of such damages), resulting from any aspect of your use of bsaa or the service, whether the damages arise from use or misuse of the service, from inability to use the service, or the interruption, suspension, modification, alteration, or termination of the service. such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the service or any links on the service, as well as by reason of any information or advice received through or advertised in connection with the service or any links on bbqsaa.com.au. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. in such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold BSAA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and BSAA and governs your use of the Service, superseding any prior agreement between you and BSAA. The failure of BSAA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for BSAA to pursue legal action to enforce the TOU, you will be liable to pay BSAA the following amounts as liquidated damages, which you accept as reasonable estimates of BSAA’s damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay BSAA one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If BSAA establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay BSAA one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access BSAA in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to BSAA’s email addresses or through BSAA’s computer systems, you agree to pay BSAA twenty-five dollars ($25) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay BSAA one hundred dollars ($100) for each item of Content posted. In its sole discretion, BSAA may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay BSAA one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay BSAA an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without BSAA’s express written permission, you agree to pay BSAA three thousand dollars ($3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, BSAA retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
BSAA offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.
As a condition to your use of the Programs and as material inducement on the part of BSAA and its Affiliates to offer the Programs, you expressly acknowledge and agree that:
Use of the Programs are at your sole risk. BSAA and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:
- a) the Programs
- b) the Professional
- c) the Services to be performed by any Professional.
- a) your use of the Programs
- b) the engagement by you of any Professional
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.
– In no event will BSAA’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.
– BSAA and its Affiliates do not provide, nor will they provide, any service to or for you, nor is BSAA and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.
- a) the Programs
- b) the Consumers
- c) the agreement between you and the Consumer. BSAA, its Officers, Directors, Members and Employees, as well as BSAA Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
- a) your use of the Programs
- b) the engagement of you by any Consumer
- c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like
- d) any other matter relating to the Programs.
– In no event will BSAA’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.
– BSAA and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
Questions about our services programs may be directed to: firstname.lastname@example.org
BSAA, its Officers, Directors, Members and Employees, as well as BBQSAA.com.au affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to the above.
NOTE: ‘Barbitec’ where mentioned either by name or included email is the Parent company of Barbecue Service Alliance Australia and as such is also the controlling body for BSAA.