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SNOWSEARCH Website – Terms of Use.

Welcome to the SNOWSEARCH website!  This page sets out the Terms of Use for the SNOWSEARCH website www.snowsearch.com.au.  You should read these Terms of Use and our Privacy Policy carefully. If you need to contact us about the Website or anything set out in these Terms of Use or our Privacy Policy, please email us at info@snowsearch.com.au or, for any urgent matters, by calling (+61) 07 5535 1931.  We may contact you (whether via email, phone or post) to seek your feedback on your experience using the SNOWSEARCH website and/or social media platforms.

By continuing to use the Website you agree to these Terms of Use, including the terms set out under the headings Warnings and disclaimers and Our liability to you.   

At SNOWSEARCH, we believe the excitement and anticipation of going to the snow really starts with the planning stage. Everything we do is about creating a world class experience for those who want to visit the snow.

Our main goal is to provide the best online solution that is modern, innovative, easy and enjoyable to use, whilst being exclusive to and ultimately enhancing Snow Tourism in Australia.

We are truly passionate about skiing, snowboarding, tobogganing and all things snow related so we’re here to help you get to the snow by knowing about great choices in equipment, packages, accommodation and anything else which we think might help you along the way.

License to use the Website

Subject to you complying with these Terms of Use, we grant you a non-exclusive and revocable license to use the Website for the following limited purposes: 

  • to find out information about our business and the products or services we and others offer;
  • to review news articles, commentary, information and other content published on the Website (including content published or supplied by businesses listed in our directory); and
  • to subscribe to our electronic newsletter and any other product(s), service(s) or member benefits we may offer from time to time.

You may also print a copy of any page within the Website for your own personal use.          

Subscription to the SNOWSEARCH eNewsletter

When you provide your email address to us through the Website, you may choose to become a subscriber to the SNOWSEARCH electronic Newsletter (“eNewsletter”).  Where you do so, the SNOWEARCH eNewsletter will be sent to your email account (as you have advised us).  Please contact us at exclusive@snowsearch.com.au if you no longer wish to receive your eNewsletter and wish to unsubscribe from receiving further editions.

Website functionality

The Website functionality is a dynamic part of our business and may change over time.  In general, changes to Website functionality will happen without you receiving notice and may include:

  • addition or removal of content and/or services;
  • addition of new features or variations to existing features (such as look and feel and the user interface); and
  • restricting use of any available bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messaging service(s).

If you are not satisfied with any changes to the Website functionality, you may terminate your use of the Website and this agreement (see Termination below).

Messaging Services

By “Messaging Service” we mean any communication facility offered over the Website to enable communications between you and the public at large, a group or an individual.  The types of Messaging Services available may change over time but may include:

  • forums, bulletin boards, news services and chat rooms;
  • your ability to post or comment on others’ articles or on a Website blog; and
  • the facility to contact us or other Website users.

All use (whether viewing, actively contributing or otherwise) of any public Messaging Service is subject to the SNOWSEARCH social media forums – Terms of Use.

Messaging Services may only be used for the limited purposes for which you are granted a license for the Website (see License to use the Website above).  If you provide information (whether personal or not) through a Messaging Service you must ensure that it is true, accurate, up to date and not misleading. 

Messaging Services etiquette

Please ensure that your use of any Messaging Service(s) is at all times reasonable and appropriate in the context in which such service is provided.  Feel free to comment and share your opinions if you think they are helpful, up to date, based on accurate information and cast a positive light on topics being discussed.  However, you must not use any Messaging Service to do any of the following:

  • to publish disparaging comments about another person or businesses;
  • to transmit content that is sexual, obscene, defamatory, offensive, abusive, harassing or threatening, discriminatory or liable to incite racial hatred;
  • to exploit or embarrass someone;
  • to provide any image or information about someone without their consent;
  • to impersonate someone;
  • to promote, provide information about, cause or contribute to an activity which is unlawful;
  • to cause or contribute to an activity which is an infringement of the intellectual property, publicity, privacy,  confidentiality or any other legal rights of any person – such as publishing photos or content in which you do not own (or are not licensed to use) the copyright or information which may be confidential;
  • to promote or market your own business or commercial activities unless you are a SNOWSEARCH Business Customer.

Prohibitions as to your use of the Website generally

In addition to all other requirements in these Terms of Use, you must not use the Website:                                         

  • to bring us or the Website into disrepute;
  • in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation;
  • for the purpose of commercial resupply of products or services offered over or available from the Website (unless you are a SNOWSEARCH Business Customer);
  • in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website;
  • to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the Website;
  • to conduct or forward surveys, contests, pyramid schemes or chain letters;
  • to harvest or otherwise collect information about others, including e-mail addresses, or to send any junk mail or unsolicited commercial messages;
  • to change or attempt to change the presentation, content or layout of any part of the Website;
  • to attempt to probe, test or circumvent the security aspects of the Website;
  • to use any code or device referring to the Website or otherwise to our network(s) to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the Website or any of our network(s) other than generally available third party web browsers (such as Microsoft Explorer); or
  • to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the Website (except to the extent permitted by law); or
  • to upload files that contain viruses, corrupted files, or any other similar software or programs that may limit or damage the operation of another's computer.

Website security

You agree to comply with all reasonable security procedures which we may require.  If you suspect or know of any unauthorised use of the Website, you must contact us immediately.

Linking

The Website may contain links to or from other external websites not operated by us ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of or transmissions from any Linked Site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the Linked Site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer.  

Please contact us to request permission if you would like to link to, frame or mirror any part of the Website or to include a link in content you provide through a Messaging Service. You should not proceed without our express permission.  However, since we cannot control external websites linking to our Website, any links should not be considered as our endorsement of any external website or business.   

Advertising, advertorials and directory listings

Advertising, advertorials and directory listing(s) do not represent our endorsement of or warranties in relation to whatever is being listed or otherwise advertised. All advertising and advertorials are subject to a separate Business Promotion Agreement between us and the relevant business and all directory listings are subject to our Directory Listing – Terms of Business agreement between us and that business.

Becoming a SNOWSEARCH Business Customer

If you become a SNOWSEARCH Business Customer, we will enter into a separate agreement with you in respect of our services to you, such as our “Directory Listing – Terms of Business” or our “Business Promotion Agreement” (collectively, “SNOWSEARCH Business Terms”).  Fees, charges and other conditions will apply as set out in that agreement. Where additional Website functionality becomes available to you as a SNOWSEARCH Business Customer, your use of that functionality must be restricted to the limited purposes of our relationship as set out in the SNOWSEARCH Business Terms. 

Intellectual property rights etc

The Website, goods and services displayed on the Website and our communications with you contain material that is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations.  You must ensure you do not breach those rights and obligations and comply with any limitations on use, reproduction and/or dissemination.  This applies to content we provide and content provided by others.  You may not:

  • re-use any content or Website service in providing your own publications, Website, other type of distribution service(s) or for the purpose of commercial re-supply; or
  • reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any Content without our express permission or the permission of the copyright owner of that Content (apart from fair dealing for the purpose of personal use, private study, research, criticism or review as permitted under Australian copyright legislation).

No transfer of rights to you. Except for the limited license expressly granted, nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you. As between you and us and except in respect of any content you provide, we own all intellectual property rights in connection with the Website.

Third party intellectual property.  Provision of the Website, including any related content and services, may include the sublicensing of third party content, software, information systems and/or other material.

Content you provide.  We do not claim ownership in any opinions, logos, photos, graphics and any other materials or content you provide in using the Messaging Service(s) (“Content You Provide”). You grant us, our affiliates and sublicensees, a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use the Content You Provide in any way and permit us to sublicense and authorise any person to do the same thing, including reproducing, changing and communicating the Content You Provide to the public or using it in connection with the operation of our business. This license includes the right to display, reproduce and republish Content You Provide, including in other formats and on other mediums, such as using it at various locations within the website, in social media sites, using it in our eNewlsetters, in blog posts within the website and using it in in promotional emails.

Content You Provide may be used by us for any purpose, whether commercial, advertising, or otherwise, on or in connection with the website or the promotion thereof. You further acknowledge that the license you provide includes the right to delete, edit, modify, reformat, translate, excerpt, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit (for the purpose of promoting and operating the website and our business) any Content You Provide.  You further license us to use any trademarks, service marks, slogans, logos, and similar proprietary rights which are included in any Content You Provide.

You represent and warrant to us that you have all necessary rights to grant this license.  You acknowledge that your name, your representative(s)’s and/or your business name may or may not be published in connection with Content You Provide. To the extent legally permissible, you consent to any act or omission which would otherwise constitute an infringement of your moral rights and, if you provide any content in which any other person has moral rights, you must also ensure that person also consents in the same manner. 

If you believe any content on the website breaches your (or any third party’s) intellectual property or other legal rights, please contact us immediately.

Consumer guarantees        

All disclaimers in these Terms of Business and all limitations on our liability to you are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability, including (without limitation) any consumer guarantees mandated by the Australian Consumer Law (“ACL”).  If our products or services we supply are covered by the ACL and fail to meet the consumer guarantees, you may be entitled to:

  1. for any major failure, a refund and compensation for your losses or damages which were reasonable foreseeable; or
  2. for a non-major failure to have the products or services re-supplied.

WARNINGS AND DISCLAIMERS

Subject to the ACL and to the maximum extent permitted by law:

  • we exclude all representations and warranties related to any goods or services we provide other than those expressly set out in these Terms of Use; and
  • your use of the Website and related services is on the basis that you assume responsibility for all associated risks, whether or not foreseen.  

In addition to other statements made in these Terms of Use as to warnings and possible problems you may encounter using the Website, the Messaging Service(s) and any content, we draw your attention to the following:

  1. General disclaimer: the Website, Website functionality, Messaging Service(s) and all content are provided “as is”, may contain inaccuracies, errors and/or be out of date, may be unreliable and unsuitable for your requirements and purposes and may not provide the results you desire;

  2. Technical aspects of the Website may be unreliable: we make no representation about the suitability, reliability, security, availability, timeliness or accuracy of any Website functionality, Messaging Service(s), information, software, products, services and related graphics contained on the Website;  

  3. Suspension of service: For business, technical and other reasons, the Website (and its various components) will not operate on a continuous basis and may be unavailable from time to time, such as for maintenance purposes.  Operation of the Website and your access to certain Website functionality may also be temporarily or permanently suspended for various reasons and at our discretion.  Suspensions may apply to you individually or to all (or any group of) Website users;

  4. Your safety and security.  Please exercise extreme caution in deciding whether to publish personal information about yourself.  Be aware that Messaging Service(s) may be public and may be viewed by the world at large.  Only share information or opinions if you are comfortable that they may be read by anyone, anywhere.  In developing relationships with any person or business to whom you are introduced online, please exercise all care and take precautions – we all know that sadly some persons and businesses are not legitimate.  Please alert us and the appropriate authorities immediately if you suspect this to be the case.

  5. Editorial rights.  We retain complete editorial rights over the Website.  We have the right (but not the obligation) to monitor the Website and we may, as we consider appropriate, with or without notifying you, alter or remove content or refuse to post content. 

  6. Take care in what you publish.  Like email, once a message is published on a Messaging Service it cannot necessarily be retracted effectively, so please exercise care prior to sending any messages or posting any Content.

  7. Opinions are just opinions.  Any opinions, advice or types of commentary published represent one person’s opinion only and may not be widely held.  One person’s experience and overall level of satisfaction may vary widely from another’s.   You personally may think they are not well formed or not well founded (but please keep disparaging comments to yourself).  Any reliance you place on the opinions or views expressed on the Website is at your risk.

  8. It’s a group conversation, not individual advice.  Content is not generally tailored to your specific needs or circumstances so you should be aware that it may not suit your specific purposes.  

  9. We can’t promise all Content is spot on.  If you plan to rely on any Content, whether in the form of opinions or factual material, you should make further inquiries to confirm that the Content is up to date and accurate prior to relying on it.   At the time you view Content, it may be out of date, inaccurate or just outright wrong – we regret this if it’s the case, but unfortunately we cannot guarantee that Content will always be up to date or without errors.  

  10. Sounds great but it’s out of stock.  At times the Website may draw your attention to a great deal but the vendor cannot be reached, says the service/product has gone up or, for some other reason, you can’t get your hands on that great deal.  Unfortunately this is going to happen from time to time.  While we publish deals which we believe may be of interest to our SNOWSEARCH audience, we cannot guarantee the continued availability, pricing or quality of the deals, packages or products or services Generally.  

  11. We don’t vouch for vendors and suppliers. We might have had a great experience with one vendor or supplier but you can’t be sure that you will too. Again, we publish opinions and Content which we hope is of general interest and reasonably accurate, but we cannot guarantee and make no promises about the business practices of any vendors and suppliers we discuss or the quality of their products or services. Our opinions are simply opinions and our commentary is just based on personal experience or information provided to us (but we hope they’re helpful). We make no representations or warranties as to the experience you may have in dealing with vendor or suppliers we discuss or the quality of their products or service(s). Any transaction between you and any vendor or supplier is outside of our control and is entirely a matter between you and that vendor.

  12. Other people’s contributions. The Website may also include Content provided by others.  We may monitor Content but do not verify whether all users’ contributions are reasonable or justified.  Any Content (including opinions and commentary) contributed by other users does not necessarily represent our own views or opinions nor our endorsement of any business operated or promoted by that contributor.  Although prohibited by these Terms of Use, unfortunately it is possible that you will encounter Content which is inappropriate, offensive or which you may consider to be defamatory or in breach of your legal rights (such as your intellectual property rights).  If this is the case, please contact us immediately on info@snowsearch.com.au 

OUR LIABILITY TO YOU

Subject to the ACL and to the maximum extent permitted by law, we limit the entirety of our liability to you (or anyone else) in relation to this agreement to the amount we have charged you for access to the Website, or, where no amount has been charged, $10 (AUD) and all liability in respect of any special, indirect or consequential loss or damage is excluded. 

To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability is limited to the maximum extent permitted by law.  

Liability limited by this section includes (without limitation) liability in any way related to:

  • the Website, including any Website functionality and any Messaging Service(s);
  • the security of the Website, Website functionality and any Messaging Service(s);
  • links by external websites to or from the Website and the Linked Sites;
  • advertising on the Website;
  • content and/or your reliance on any content; 
  • the conduct of other Website users;
  • support we may provide to you; and
  • loss of data, breach of our Privacy Policy and/or interruption of business.   

You also agree to waive any claim which you may otherwise have against any of our third party suppliers.

Changes to the Terms of Use

At times we may change the Terms of Use by publishing an updated version on the Website which will supersede all previous versions.  Changes may be made to protect our interests and to reflect changes in the Website and any products or services we offer.  At all times you are free to terminate your use of the Website and this agreement with us without any further charge or penalty.

Termination

These Terms of Use may be terminated at any time and for any reason by:

  • you, by ceasing all further access to or use of the Website and, if you have become a member or subscriber, by advising us by email; or
  • us, by ceasing to operate the Website, terminating your membership (where applicable) or advising you by email.

Termination may be of immediate effect and without any prior notice.  Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.  Any content you have previously provided may or may not (in our discretion) be removed from the Website following termination of this agreement.

Miscellaneous

You agree that notices and all other communications are effectively given to you if they are sent to your last advised email address.  Please ensure you keep us up to date with your current working email address.   You should also add us to your email contacts book and check to ensure our emails do not get filtered out to your “junk” email folder without your awareness or get blocked by your firewall.

You may contact us if you are experiencing any problems with any Website user or business listed in our directory or otherwise promoted on the Website. Where we consider it appropriate we will endeavor to assist, however, you agree that we will never be involved in any dispute between you and any other website user or business promoted on the Website.

You may only use the Website within Australia.  As an individual, you must be at least eighteen years of age and an Australian resident.  As a company you must be incorporated and conducting business within Australia.  [Let’s discuss the reason for including this over the phone] If you are accessing the Website on behalf of a company, you must be duly authorised to accept these Terms of Use on behalf of that company. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. If you do not comply with these Terms of Use you should immediately cease all use of the Website. 

These Terms of Use, including (where applicable) the SNOWSEARCH social media forums Terms of Use, form the entire agreement between you and us with respect to the subjects set out.  If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect.  Any failure to assert any right under the Terms of Use does not constitute a waiver of such right. No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of that term.  These Terms of Use are governed by and construed in accordance with the laws of the state of Queensland (Australia) and each party submits to the exclusive jurisdiction of the courts of Queensland.

Definitions and interpretation

In these Terms of Use, in addition to the definitions already set out:

  • Content” means any information, opinions, commentary, graphics and any other materials viewable on the Website or otherwise transmitted using the Website or any Messaging Service ;
  • the Website” means www.snowsearch.com.au and all content residing in that domain, including the Website functionality, any Messaging Service(s), the layout, design and underlying code and systems;
  • SNOWSEARCH”, “we”, “us” and “our” means Optimal Solutions and Services Pty Ltd ACN 600 312 703 t/as SNOWSEARCH;
  • SNOWSEARCH Business Customer” means someone who has entered into SNOWSEARCH Business Terms;
  • Website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the Website; and
  • you” and “your” refer to (i) you as a Website user personally and (ii) if you are accessing the Website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).  

Unless the context requires otherwise: (i) a reference to a person includes a corporation or any other legal entity; (ii) the singular includes the plural and vice versa; (iii) headings are for convenience only and do not affect the interpretation of this agreement; (iv) the term "includes" (or any similar term) means "includes without limitation"; and (v) a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.

Version 1.0; Updated as at [20.01.2016]

 

 

SNOWSEARCH Social Media forums – Terms of Use.

Welcome to the SNOWSEARCH social media platforms!  Our platforms include our SNOWSEARCH Facebook page https://www.facebook.com/SNOWSEARCH.australia, our SNOWSEARCH Instagram account https://instagram.com/snowsearch_aus, our SNOWSEARCH Twitter account https://twitter.com/snowsearch_aus and the SNOWSEARCH website blog, plus any other social media or messaging forum we make available over the course of time (“SNOWSEARCH social media platforms”). 

Please read these Terms of Use and our Privacy Policy carefully. By continuing to use the SNOWSEARCH social media platform(s) you agree to these Terms of Use and our Privacy Policy.  If you need to contact us about our social media platforms or anything set out in these Terms of Use or our Privacy Policy, please email us at info@snowsearch.com.au or, for any urgent matters, by calling (+61) 07 5535 1931.  We may contact you (whether via email, phone or post) to seek your feedback on your experience using the SNOWSEARCH website and/or social media platforms.

At SNOWSEARCH, we believe the excitement and anticipation of going to the snow really starts with the planning stage. Everything we do is about creating a world class experience for those who want to visit the snow.

Our main goal is to provide the best online solution that is modern, innovative, easy and enjoyable to use, whilst being exclusive to and ultimately enhancing Snow Tourism in Australia.

We are truly passionate about skiing, snow-boarding, tobogganing and all things snow related so we’re here to help you get to the snow by knowing about great choices in equipment, packages, accommodation and anything else which we think might help you along the way.

Through our social media platforms we hope to provide and encourage others to contribute content, including information, commentary, graphics, images and opinions (collectively, “Content”) that is up to date, accurate and relevant at the time of publication. However, when using our social media platforms, please keep the following points in mind.

  • Forum etiquette. Please ensure that your use of the SNOWSEARCH social media platform(s) is at all times reasonable and appropriate in the context in which we provide the SNOWSEARCH social media platforms (outlined above).  Feel free to comment and share your opinions if you think they are helpful, up to date, based on accurate information and cast a positive light on topics being discussed.  However, you must not use the SNOWSEARCH social media platforms to do any of the following:
    • to publish disparaging comments about another person or businesses;
    • to transmit content that is sexual, obscene, defamatory, offensive, abusive, harassing or threatening, discriminatory or liable to incite racial hatred;
    • to exploit or embarrass someone;
    • to provide any image or information about someone without their consent; 
    • to impersonate someone; 
    • to promote, provide information about, cause or contribute to an activity which is unlawful; 
    • to cause or contribute to an activity which is an infringement of the intellectual property, publicity, privacy,  confidentiality or any other legal rights of any person – such as publishing photos or content in which you do not own (or are not licensed to use) the copyright or information which may be confidential;
    • to promote or market your own business or commercial activities (except where you have specific written approval from us in advance in relation to that publication);
    • to bring the SNOWSEARCH business or any other business into disrepute;
    • in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; or
    • to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the Website.
  • Your safety and security.  Please exercise extreme caution in deciding whether to publish personal information about yourself.  Be aware that social media platforms are public and may be viewed by the world at large.  Only share information or opinions if you are comfortable that they may be read by anyone, anywhere.  In developing relationships with any person or business to whom you are introduced online, please exercise all care and take precautions – we all know that sadly some persons and businesses are not legitimate.  Please alert us and the appropriate authorities immediately if you suspect this to be the case.
  • Editorial rights.  We retain complete editorial rights over the SNOWSEARCH social media platforms.  We have the right (but not the obligation) to monitor the SNOWSEARCH social media platforms and we may, as we consider appropriate, with or without notifying you, alter or remove content or refuse to post content and/or terminate your access to a given social media platform.
  • Take care in what you publish.  Like email, once a message is published on a social media platform it cannot necessarily be retracted effectively, so please exercise care prior to sending any messages or posting any Content.
  • Opinions are just opinions.  Any opinions, advice or types of commentary published represent one person’s opinion only and may not be widely held.  One person’s experience and overall level of satisfaction may vary widely from another’s.   You personally may think they are not well formed or not well founded (but please keep disparaging comments to yourself).  Any reliance you place on the opinions or views expressed on the SNOWSEARCH social media platform(s) is at your risk.
  • It’s a group conversation, not individual advice.  Content is not generally tailored to your specific needs or circumstances so you should be aware that it may not suit your specific purposes.
  • We can’t promise all Content is spot on.  If you plan to rely on any Content, whether in the form of opinions or factual material, you should make further inquiries to confirm that the Content is up to date and accurate prior to relying on it.   At the time you view Content, it may be out of date, inaccurate or just outright wrong – we regret this if it’s the case, but unfortunately we cannot guarantee that Content will always be up to date or without errors.
  • Sounds great but it’s out of stock.  At times our website and social media platform(s) may draw your attention to a great deal but the vendor cannot be reached, says the service/product has gone up or, for some other reason, you can’t get your hands on that great deal.  Unfortunately this is going to happen from time to time.  While we publish deals which we believe may be of interest to our SNOWSEARCH audience, we cannot guarantee the continued availability, pricing or quality of the deals, packages or products or services generally.
  • We don’t vouch for vendors and suppliers. We might have had a great experience with one vendor or supplier but you can’t be sure that you will too.  Again, we publish opinions and Content which we hope is of general interest and reasonably accurate, but we cannot guarantee and make no promises about the business practices of any vendors and suppliers we discuss or the quality of their products or services.  Our opinions are simply opinions and our commentary is just based on personal experience or information provided to us (but we hope they’re helpful).  We make no representations or warranties as to the experience you may have in dealing with vendor or suppliers we discuss or the quality of their products or service(s).  Any transaction between you and any vendor or supplier is outside of our control and is entirely a matter between you and that vendor.
  • Other people’s contributions.  Our social media platforms may also include Content provided by others.  We may monitor Content but do not verify whether all users’ contributions are reasonable or justified.  Any Content (including opinions and commentary) contributed by other users does not necessarily represent our own views or opinions nor our endorsement of any business operated or promoted by that contributor.  Although prohibited by these Terms of Use, unfortunately it is possible that you will encounter Content which is inappropriate, offensive or which you may consider to be defamatory or in breach of your legal rights (such as your intellectual property rights).  If this is the case, please contact us immediately on info@snowsearch.com.au
  • Linking.  The SNOWSEARCH social media platform(s) may contain links to or from other external websites not operated by us ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of or transmissions from any Linked Site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the Linked Site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer.   We cannot control other websites and social media pages and accounts linking to the SNOWSEARCH social media platforms, so any links should not be considered as our endorsement of any external website or business.
  • Advertising. Any advertising on the SNOWSEARCH social media platforms does not represent our endorsement of or warranties in relation to whatever is being advertised.
  • Your assumption of risk and our overall limit on liability.  All disclaimers in these terms of use and limitations on our liability to you are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability, including the Australian Consumer Law.   To the maximum extent permitted by law: (i) your use of the SNOWSEARCH social media platforms and, where relevant, any goods or services which are supplied or discussed,  is on the basis that you assume full responsibility for all associated risks, whether or not foreseen; and (ii) we limit our entire liability to you (or anyone else) in relation to the social media platforms and any related products or services to the amount we have charged you in respect of access to the social media platform(s) or, if relevant, the products or services or, where no amount has been charged, to $10 (AUD).
  • Intellectual property and other rights.  We do not claim ownership in any opinions, logos, photos, graphics and any other materials or content you provide in using the SNOWSEARCH social media platforms (“Content You Provide”). You grant us, our affiliates and sublicensees, a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use the Content You Provide in any way and permit us to sublicense and authorise any person to do the same thing, including reproducing, changing and communicating the Content You Provide to the public or using it in connection with the operation of our business. This license includes the right to display, reproduce and republish Content You Provide, including in other formats and on other mediums, such as using it at various location within the website, in social media sites, using it in our eNewsletters, in blog posts within the website and using it in in promotional emails.

    Content You Provide may be used by us for any purpose, whether commercial, advertising, or otherwise, on or in connection with the website or the promotion thereof. You further acknowledge that the license you provide includes the right to delete, edit, modify, reformat, translate, excerpt, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit (for the purpose of promoting and operating the website and our business) any Content You Provide.  You further license us to use any trademarks, service marks, slogans, logos, and similar proprietary rights which are included in any Content You Provide.

    You represent and warrant to us that you have all necessary rights to grant this license.  You acknowledge that your name, your representative(s)’s and/or your business name may or may not be published in connection with Content You Provide. To the extent legally permissible, you consent to any act or omission which would otherwise constitute an infringement of your moral rights and, if you provide any content in which any other person has moral rights, you must also ensure that person also consents in the same manner. 

    If you believe any content on the website breaches your (or any third party’s) intellectual property or other legal rights, please contact us immediately.

In these Terms of Use, headings are for convenience only and do not affect the interpretation of this agreement.  In addition to the definitions already set out: 

  • Content” includes any information, opinions, commentary, graphics and any other materials viewable on the SNOWSEARCH social media platforms or otherwise transmitted using the platforms;
  • the words "includes", "including" or "such as" are not words of limitation and, when introducing an example, do not limit the meaning of the words to which the example relates to examples of a similar kind;  
  • person” means an individual, corporation, government or governmental agency, estate, trust, partnership, association or other legal or commercial entity or undertaking;  
  • SNOWSEARCH”, “we”, “us” and “our” means Optimal Solutions and Services Pty Ltd ACN 600 312 703 t/as SNOWSEARCH;
  • you” and “your” refer to (i) you as a social media platform user personally and (ii) if you are accessing the SNOWSEARCH social media platform(s) within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).  

As an individual using the SNOWSEARCH social media platforms, you must be at least eighteen years of age.   If you do not comply and/or agree with any term in these Terms of Use or our Privacy Policy, you should immediately cease all use of the SNOWSEARCH social media platforms.  

These Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia, and you submit to the exclusive jurisdiction of the courts of Queensland, Australia. 

Version 1.0; updated as at [20.01.2016]

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