In these Members’ Terms of Use (“Terms of Use”), “us”, “we”, “our” or “LookUpStrata” means Lookupstrata Pty Ltd (ACN 156 529 896) trading as “LookUpStrata”.
It is important to us that you understand these Terms of Use. If you have any questions, please email us at [email protected].
1. Agreement
1.1 By accessing and using LookUpStrata’s website (“the Site”), you agree to be bound by these Terms of Use, our Privacy Policy and any other Terms of Use, notices and disclaimers displayed elsewhere on the Site relating to your use of LookUpStrata’s Comment Section and Community Discussion (“Site Discussion”).
1.2 We may change these Terms of Use at any time. If we do, an amended version of the Terms of Use will be posted on the Site. You are responsible for ensuring that you regularly review the Terms of Use and your continued use of the Site after any changes are made to the Terms of Use will be deemed to constitute your acceptance of the then current Terms of Use. If you do not accept the Terms of Use, or otherwise become dissatisfied with your membership, your only remedy is to immediately:
a) discontinue your use of the Site and its services; and/or
b) terminate your membership in accordance with these Terms of Use.
2. Membership
2.1 You must be at least 18 years old to become a member of the Site Discussion. You must not attempt to register if you are under 18 years old.
2.2 When registering as a member of the Site Discussion, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to your information. You may do this at any time by accessing your Account Settings.
2.3 All personal information you provide to us will be treated in accordance with our Privacy Policy which is available on the Site.
3. Termination and Suspension
3.1You may terminate your membership any time by:
a) selecting ‘terminate account’ within your account settings and following the instructions; or
b) notifying us at the address listed at the end of this Terms of Use.
3.2 We reserve the right to, without limitation, do any or all of the following in relation to your membership:
a) suspend your membership;
b) permanently or temporarily hide all or part of your member profile;
c) modify your member profile;
d) terminate your membership for any reason by providing notice to you by email;
e) terminate your membership immediately without notice to you if you have committed a breach of the Terms of Use;
f) permanently or temporarily block your access to all or part of the Site and/or Discussion.
4. Service and Features
4.1 As a member, you have the ability to access chargeable features and services available on the Site or any other chargeable service or feature that becomes available from time to time.
4.2 Further details and any additional Terms of Use (including pricing) relating to chargeable features and services will be made available on the Site.
4.3 We only accept payment by credit card or Paypal.
4.4 We reserve the right to change the prices for any service at any time. If you are unhappy with a change of prices, you are entitled to discontinue your use of the Site or terminate your membership in accordance with these Terms of Use.
4.5 Unless expressly stated otherwise, the prices of any service will be GST exclusive.
4.6 In the event of any unusual transaction or activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity.
4.7 While we use reasonable endeavours to ensure that the Site and Discussion is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site and Discussion may be suspended temporarily without notice in the case of system failure, maintenance or repair or any event beyond our control.
4.8 We reserve the right to change or discontinue any service or feature of the Site or Discussion in whole or in part any time.
4.9 In no event will you be entitled to any refund of payments for services or features pre-paid by you. We will review requests for refunds at our sole discretion.
5. Secure Access
5.1 You are responsible for maintaining the confidentiality and security of your username and password. You are wholly responsible for all activities that occur using your username and password. You agree to immediately notify us of any unauthorised use of your username or password. You must ensure that you log out of your user account at the end of each session.
5.2 We may at any time request a form of identification to verify your identity and/or your compliance with these Terms of Use.
6. Content
6.1 Any images, sounds, or text (Content) that you transmit or post on the Site Discussion or transmit to any other member by any other means, must be complete and accurate.
6.2 You agree not to post or transmit on the Site Discussion or transmit to any other member, Content that:
a) is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
b) is false, deceptive or misleading in any way;
c) infringes the rights of any third party (including other members);
d) you do not have a right to make available under any law or contractual obligation;
e) is sexually explicit or contains sexual references/innuendo;
f) pertains to group sexual activity or soliciting contact for the purposes of cultivating special relationships with another member; or
g) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of the Site or any person’s computer software or hardware.
6.3 You are solely responsible for the Content that you transmit or post on the Site Discussion or transmit to any member.
6.4 We are not responsible for, and accept no liability with respect to, any Content that you transmit or post on the Site Discussion or transmit to any member by any other means.
6.5 We reserve the right, but have no obligation, to review any Content that you transmit or post on the Site Discussion.
6.6 Without limiting your responsibilities under the Terms of Use, we reserve the right to modify and/or remove any Content that, in our opinion, breaches these Terms of Use or has the potential to harm, endanger or violate the rights of any person.
6.7 We are not responsible for the accuracy, reliability or completeness of any Content posted or transmitted on the Site Discussion.
6.8 We do not endorse any opinion, advice or statement made by any person.
6.9 We do not accept any liability for any loss, damage, cost or expense resulting from any person’s reliance on any Content posted or transmitted on the Site Discussion or otherwise transmitted to any other member by any other means.
7. Use of the Site and Prohibited Activities
7.1 You agree not to use the Site and the Site Discussion (or contact any other member) to:
a) defame, abuse, harass, stalk, threaten or otherwise offend others;
b) engage in or promote business or commercial opportunities involving conducting any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
c) impersonate or create a profile for any person or entity;
d) promote, or provide information about, illegal activities or conduct;
e) promote racism, determination, violence, bigotry, hatred, harassment or any kind of harm against any group or individual;
f) exploit any person under the age of 18, or to solicit personal information from anyone under 18; or
g) solicit money, passwords or personal information from any person.
7.2 You also agree not to
a) use any device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Site;
b) “frame” or “mirror” any part of the Site without our prior written authorisation;
c) use code or other devices containing any reference to the Site to direct other persons to any other website;
d) modify, reproduce, copy, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or procure any other person to do so;
e) do anything that will or may infringe on any third party’s rights including but not limited to copyright, moral rights or other intellectual property rights (e.g. you are not to post any third party’s materials (including video clips and images) or works on the Site or Site Discussion without first obtaining the copyright owner’s permission).
7.3 You agree to use the Site for personal use only. Businesses, groups, organisations and companies are prohibited from registering as members. The Site must not be used or exploited for commercial purposes, including advertising, selling or hiring of products or services, collecting names and/or email addresses or sending unsolicited emails.
7.4 We have no obligation to monitor any member’s use of the Site. However, we reserve the right at all times to monitor, retain and disclose any information (whether posted on the Site Discussion or otherwise) as necessary to satisfy any applicable law, legal requirement, police investigation or requests from any authority.
8. Safe Interaction, Complaints and Disputes
8.1 Despite these Terms of Use and our efforts, it is possible that other members may use the Site in violation of these terms. For example, it is possible that another member may post or transmit on the Site contents that are obscene or offensive, or use the Site to harass you.
8.2 We urge you to be cautious when interacting with other members. You should carefully consider the content that you post or transmit on the Site Discussion, or otherwise transmit to any other member. You must not divulge any personal information, URLs or email addresses in your member profile. Any content that you transmit or post on the Site Discussion or otherwise transmit to any other member will be considered non-confidential and at your own risk.
8.3 If you are experiencing any issues with any other member and would like to make a complaint, please send us an email and we will do our best to assist you.
8.4 We may record and store any information relating to any complaint made against you.
8.5 We reserve the right, but have no obligation, to monitor disputes between members.
8.6 You agree to hold us harmless in connection with any dispute or claim that you make against any other member.
9. No Endorsement
LookUpStrata makes no express or implied endorsement of any third party, including any service or product of that third party, that may be referred to in the Site or any links to or from the Site.
10. Disclaimer
10.1 The materials available on the Site or on any other website accessed via the Site or otherwise, may not necessarily be accurate or correct. No person should act or fail to act on the basis of these materials. To the maximum extent permitted by law, LookUpStrata disclaims any liability to any person arising out of any action or failure to act, in accessing, downloading, uploading, using or relying on or dealing in any way with any materials from the Site or from any other website on the Internet. You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any other website and in relation to any information or material available from those sites. LookUpStrata reserves the right, in its absolute discretion, to delete, alter, or move any message or other posted material on the Site.
10.2 Where liability cannot be excluded by law then, to the extent permissible by law, any liability incurred in relation to any materials on the Site is limited to the re-supply of the material or the reasonable cost of having the material re-supplied. Under no circumstance will LookUpStrata be liable for any incidental, special or consequential damages, including damages for loss of business, capital or other profit arising from, or in relation to, the use of material on the Site.
11. Viruses
LookUpStrata does not represent or warrant that any files obtained from or through the Site Discussion are free from computer viruses or other defects. Any such files are provided and may only be used on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. LookUpStrata’s liability for such an event is limited to the re-supply of those files. LookUpStrata is not responsible for any files or links provided by any member on the Site Discussion.
12. Monitoring of Information
We reserve the right to monitor (but are not obliged to) all postings, messages, video and audio recordings made available by members to ensure that they conform to these Terms of Use.
13. Removal of Information
LookUpStrata does not and cannot review every message or other materials posted or sent by members of the Site, and are not responsible for any contents made by members. We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, postings, messages, video and audio recordings that we, in our sole discretion, deem has violated these Terms of Use or is otherwise unacceptable or inappropriate. You are solely responsible for the contents you upload or rely upon on the Site Discussion.
14. Termination of Access to Site
We may, in our sole discretion, terminate or suspend your access to the Site Discussion all or part of the Site at any time, without notice and for any reason, including, without limitation, breach of these Terms of Use. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect other user’s enjoyment of the Site or the Site Discussion are grounds for termination, and you may be referred to the appropriate authorities.
15. Indemnity
15.1 You agree to indemnify LookUpStrata, its officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal costs, which we may suffer from your use of the Site (or the Site Discussion) and/or any breach by you of these Terms of Use, any charges or complaints made by other parties against you and your violation of any third party’s right including but not limited to breach of copyright, infringement of intellectual property rights or privacy rights.
15.2 This indemnity will survive these Terms of Use and your use of the Site.
1) Modifications
We may modify these Terms of Use from time to time. Notification of changes in these Terms of Use will be posted on the Site. If you do not agree to any modifications, you should cease to use the Site. Your continued use of the Site or the Site Discussion will constitute a binding acceptance by you of the then current Terms of Use.
2) Assignment
You do not have the right to assign these Terms of Use or any of your rights to the Site to any person. LookUpStrata has the right to assign any or all of its rights and duties under these Terms of Use to any third party. At the election of LookUpStrata, if LookUpStrata’s obligations hereunder are assumed by a third party, LookUpStrata shall be relieved of any and all liability under these Terms of Use.
3) Governing Law
These Terms of Use are governed by and to be interpreted in accordance with, the laws of Western Australia and, where applicable, the laws of the Commonwealth of Australia.
4) Reference
Any reference to “the Site” includes the Site Discussion and vice versa.
5) Contact Us
If you have any queries or feedback, please send a letter or an email to the following address:
Postal address: P.O. Box 7242, Secret Harbour, WA, 6173
Email address: [email protected]
