Terms of Use

1. Introduction

1.1 The website www.thesquiz.com.au is owned and operated by Tangari Media Pty Ltd (ACN 616 204 052) (The Squiz, us or we).

1.2 By accessing the Website and any of their associated services and functionality (including the Website and any related sites) or subscribing to receive communications from The Squiz or creating an account with the Website you agree to be bound by these terms and conditions of use (Terms of Use) and the Privacy Policy.

1.3 If you do not agree to these Terms of Use or the Privacy Policy, you must not use or continue to use the Website.

1.4 The Squiz reserves the right to amend the Terms of Use from time to time in its sole discretion and, by using, holding an account with or accessing the Website at any time, you acknowledge that you have read, understood and agree to be bound by the current Terms of Use in place.

1.5 If you do not understand any of the Terms of Use, or if you have any questions, please contact The Squiz at hello@thesquiz.com.au.

2. Registration to use the Website and Receive Newsletters

2.1 In order to receive newsletters published by The Squiz (Newsletter Services) you must first register as an Account Holder. As part of the registration process you will be required to provide your name and email address, and personal information about yourself including:
a) age band;
b) profession;
c) state; and,
d) gender.

2.2 You warrant that any information you provide to The Squiz in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will hold an Account with and be an Account Holder of the Website and agree to be bound by these Terms of Use.

2.3 Once you have completed the registration process, you will hold an Account with and be an Account Holder of the Website and agree to be bound by these Terms of Use.

2.4 You may not use the Website, receive the Newsletter Services and may not become an Account Holder and may not accept the Terms of Use if:
a) you are not of legal age or lack capacity to form a binding contract with The Squiz; or,
b) you are a person barred from receiving the Newsletter Services under the laws of Australia or the laws of other relevant countries including the country in which you are resident or from which you use the Newsletter Services.

3. Your obligations and prohibited use of the Website

3.1 You must use the Website and the Newsletter Services only for purposes that are permitted by:
a) these Terms of Use;
b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3.2 You must protect the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Account.

3.3 Any disclosure of or use of your password or registration information by any other person, or third party, is strictly prohibited. You agree to immediately notify The Squiz of any unauthorised use of your password or email address or any breach of security of which you have become aware.

3.4 Access and use of the Website and the Newsletter Services is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Squiz providing the Newsletter Services.

3.5 You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or their services in anyway (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of their resources to others.

3.6 The Squiz cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release The Squiz entirely of all responsibility of any consequences of their use. The Website and its content is provided to you on “as is” basis; the Website may contain errors, faults and inaccuracies and may not be complete and current.

3.7 The Website and its content is provided to you on “as is” basis; the Website may contain errors, faults and inaccuracies and may not be complete and current.

3.8 You must not:
a) use the Website or the Newsletter Services for any activities, or post or transmit to or via the Website any information or materials which:
– breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes;
– interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Website
– is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
b) use the Website to send unsolicited commercial or bulk electronic messages;
c) make any fraudulent or speculative enquiries, reservations or requests using the Website;
d) provide false information when registering or changing your registration details;
e) tamper with, hinder the operation of or make unauthorised modifications to the Website;
f) knowingly transmit any virus or other disabling feature to or via the Website; or,
g) attempt any of the above acts or permit another person to do any of the above acts.

4. Intellectual Property Rights

4.1 The Website and all content forming part of the Website and the Newsletter Services, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.

4.2 You acknowledge and agree that The Squiz owns, controls or is licensed all legal right, title and interest in and related to the Website and the Newsletter Services, including all intellectual property rights.

4.3 You may not:
a) modify or copy the layout or appearance of the Website or any communication you receive from us or any computer software or code contained in the Website; and/or,
b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

4.4 Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in your computer’s cache and a single copy for your own personal use, any of the Website’ content or the content of any communication you receive from us (including any substantial part of them) must not otherwise be used, stored, copied reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.

4.5 If you correspond or otherwise communicate with The Squiz, you automatically grant to The Squiz an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content, in any media format and in any media channel without restriction and without payment or the provision of consideration to you of any kind and without any notification to you. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.

5. Copyright Notices

5.1 The Squiz has adopted the policy of blocking access to or removing material that it believes in good faith infringes the intellectual property rights of another party.

5.2 If you believe that your intellectual property rights have been copied in a way that constitutes an infringement of your rights, please notify us at hello@thesquiz.com.au.

5.3 Alternatively, if you believe that your work has been removed or disabled by mistake or misidentification, please notify us at hello@thesquiz.com.au.

6. Third Party Website

6.1 The Website may contain links to other web sites controlled by third parties (Third Party Website).

6.2 The Squiz is not responsible for the content or privacy practices of Third Party Website.

6.3 The Third Party Website are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by The Squiz of the third party or the products or services provided by the third party or any affiliation between The Squiz and the third party.

6.4 You access those sites and/or use those sites’ products and services solely at your own risk and should make your own enquiries before relying on any content contained in such Third Party Website.

7. Use of Cookies

7.1 Cookies are small pieces of information that your browser stores on your computer hard drive. The Squiz uses Cookies to provide you site usage information as well as to assist us to improve and develop the services we offer. [Our cookies do not contain any personal identifiable information.]

7.2 If you disable cookies on your web browser, you may not be able to fully experience all features of the Website.

8. Accuracy of communications

8.1 You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by you using the Website are true, complete and accurate.

8.2 If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.

8.3 To the fullest extent permitted by any applicable laws, The Squiz hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.

9. Availability, withdrawal and suspension of service

9.1 Whilst The Squiz endeavours to provide continuous access to the Website, The Squiz does not warrant that your access will be safe, uninterrupted, timely, secure or error free.

9.2 The Squiz may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including without limitation:
a) if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
b) if you breach any part of these Terms of Use; or
c) if you use or assist others to use the Website for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.

10. Our Use of User Content

10.1 Some features of this Website may allow users to view, post, publish or share their ideas, opinions, preferences or feedback (User Content). By posting or publishing User Content you represent and warrant to The Squiz that:
(i) you have all necessary rights to distribute the User Content, either because you are the sole author and owner of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content; and
(ii) you have not violated or infringed upon the rights of any third party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it.

10.2 The Squiz reserves the right, but is not required to screen User Content and decide whether any item of User Content is appropriate for publication. The Squiz reserves the right to decline to post User Content and to remove from the Website or social media accounts any User Content. The Squiz may also block access or terminate a user’s access to the Website at any time.

10.3 User Content is not confidential and by creating User Content you automatically grant to The Squiz an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your User Content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content, in any media format and in any media channel without restriction and without payment or the provision of consideration to you of any kind and without any notification to you. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.

11. Paid Services

11.1 The Squiz currently does not charge users to access the Website or the Newsletter Services. However, as The Squiz grows and develops new products and features, we may charge fees in connection with new or offerings (Fees).

11.2 The Squiz will notify you of any Fees and the terms and conditions associated with new products and features so that you may choose whether to purchase or subscribe to the new service, product or feature.

12. Exclusion and limitation of liability

12.1 We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.

12.2 The Squiz and its directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of the Website or the information, content or material included or services described on the Website, except as otherwise provided under applicable laws.

12.3 Subject to any rights you have under any consumer protection law, The Squiz excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms of Use.

12.4 Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, The Squiz’s liability will be limited to that provided by law.

12.5 To the maximum extent permitted by applicable law, neither The Squiz, nor its directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
a) the Website;
b) your use of the Website and any sites linked to the Website;
c) any information obtained through the Website;
d) services supplied to you following your use of the Website;
e) reliance on or failure to act, on any information or service contained on or accessed through the Website;
f) a withdrawal or suspension of availability of services;
g) errors, mistakes, inaccuracies or omissions on the Website;
h) personal injury or property damage of any nature resulting from your access to or use of the Website;
i) any unauthorised access to or use of our secure servers and/or Personal Information and/or financial information stored on those servers;
j) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party;
k) the quality of any product or service of any linked sites; or,
l) an inability to use the Website or with any delay in using the Website including, but not limited to, any interruptions to or cessation of access to the Website, in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.

12.6 The Squiz’s liability to you for loss or damage of any kind arising out of these Terms of Use will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.

12.7 Without limiting the foregoing, to the extent permitted by law, The Squiz limits its liability in respect of any claim to the supply of the Newsletter Services again.

12.8 You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that The Squiz and its directors, officers, employees, agents, contractors, successors, assignees and suppliers have no responsibility for the legality of your actions.

13. Warranties and Indemnities

13.1 Warranties
You warrant that:
– You have read and understood the Terms of Use and agree to comply with the Terms of Use at all times;
– You have not been induced to enter into using the Website or creating an Account by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in these Terms of Use;
– You have been given the opportunity to take legal advice on the terms of these Terms of Use;
– You have the capacity, power and authority to agree to these Terms of Use and have taken all necessary action in order to agree to these Terms of Use; and
– You have obtained all third party approvals necessary for you to agree to these Terms of Use.

13.2 Indemnities
You indemnify The Squiz, its related bodies corporate and their directors, employees, contractors, agents, workers and personnel and shall keep them indemnified against all actions, costs, charges, claims and demands in respect of:
a) any breach of these Terms of Use by you including without limitation the enforcement or the attempted enforcement of these Terms of Use; and
b) any act or omission by you or your employees, contractors, workers or agents.

14. Termination

14.1 You may stop using the Website or unsubscribe from Newsletter services at any time for any reason.

14.2 The Squiz may suspend or limit your access to the Website in its absolute discretion without notice or liability to you for any reason.

14.3 The Squiz reserves the right to, at its discretion, terminate these Terms of Use your access to and use of the Website at any time.

14.4 The exclusions and limitations of liability made by The Squiz in these Terms and Condition will survive termination or suspension of your access to the Website.

15. General

15.1 The Squiz may in its sole discretion amend these Terms of Use at any time. Any variations to these Terms of Use will take effect from posting on the Website.

15.2 The Squiz may give notice to you by electronic mail. You may give notice to The Squiz by electronic mail to hello@thesquiz.com.au.

15.3 Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.

15.4 A failure or delay by The Squiz to exercise a power or right under these Terms of Use does not constitute as a waiver of that power or right, and the exercise of a power or right by The Squiz does not preclude its future exercise or the exercise of any power or right by or on behalf of The Squiz.

15.5 Your use of the Website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this Website are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

15.6 The Website may be accessed throughout Australia and overseas. The Squiz makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.

March 2017