1.2. USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE AND INDICATES YOUR WILLINGESS TO BE BOUND BY THESE.
2. Use of Services
2.1. In setting up a user account with Joanne Orlando, you may be required to give us access to or provide login information and password information for accounts or services that you may have with third party providers. By providing such information, you agree that you have read any agreements governing such access, and that you have the necessary contractual and legal rights to give us such access.
2.2. In using the Services, you understand that:
(a) you enter and participate in the Services at your own risk;
(b) you must keep your login and password details confidential, and you must notify us immediately in writing if you become aware of any unauthorized use of your user ID or password;
(c) if you are, for any reason, unable to access any aspect of the Services, it is your responsibility to contact us to have us remedy the situation;
(d) Joanne Orlando does not monitor or screen communications on its forum, bulletin board, chat room or any other user interactive area of its website and, accordingly, Joanne Orlando does not assume responsibility for any material posted therein. To that end, Joanne Orlando has no obligation to investigate or remove any content based upon a complaint, or otherwise, however has power to do so;
(e) Joanne Orlando does not endorse, support or lend any credence to any statement made on its website and, as such, any such statement should not be relied upon;
(f) you alone are fully responsible for statements you make and materials you post through your use of the Services;
(g) Joanne Orlando may, at any time and for any or no reason at all, remove materials or content from its website, including that which is disruptive, abusive, offensive, illegal, vulgar and/or pornographic.
(h) Joanne Orlando reserves the right to terminate membership to any one of their services at any time and for any or no reason at all if they conclude that the member is no longer fit to be part of the program.
2.3. In using the Services, you agree not to:
(a) assume the identity of another subscriber of the Services, including by using another’s user ID and/or password to access the Services;
(b) engage in any form of data mining, scraping, crawling, email harvesting or using any process or processes that cause automated queries to be sent to the Joanne Orlando website;
(c) use the Joanne Orlando website to compile a collection of listings, including a competing listing product or service;
(d) use the Joanne Orlando website or any materials contained therein for any unsolicited commercial email.
2.5. Joanne Orlando may present information and content including, but not limited to, articles, opinions, text, statistics, data, product information, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, buttons, icons, programs and code, in addition to User Generated Content (collectively, “Content”), that is owned or licensed by the Company. The Services may also include materials, applications and information owned by third parties and made available through the Services by virtue of a license, grant or some other form of agreement between the third party and Joanne Orlando.
2.6. Except where required by law, Joanne Orlando is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness or completeness of Content, including without limitation the description, availability or effectiveness of any product. Other than where required by law, Joanne Orlando does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.
2.7. All Services and Content provided by or through Joanne Orlando are owned by us and are protected by copyright laws, unless otherwise indicated.
2.8. Joanne Orlando reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered and software needed for access or use.
2.9. The profile service expires 90 days from the date of purchase if completed and usable content is not provided within this time. No refunds are given before or after this expiry period.
2.10. Joanne Orlando is integrated with Third Party Applications, websites and services to make available content, products and services to you. These Third Party Applications may have their own Terms and Conditions. You understand and agree that Joanne Orlando does not endorse and is not responsible or liable for the behaviour, features or content of any Third Party Application or for any transaction entered with the provider of any such Third Party Applications.
2.11. Where links are provided to other websites owned by third parties, Joanne Orlando takes no control or responsibility for services provided by those parties.
2.12. Joanne Orlando uses Third Party Applications in providing Services to you. Joanne Orlando has no control over, and is not responsible for, any activity occurring within Third Party Applications, including any failures which affect your use of the Joanne Orlando Services. By agreeing to these Terms of Service, you also agree to the Terms of Service of such third party Applications and confirm your acceptance of such terms.
2.13. Joanne Orlando is not responsible for any loss or damage incurred as a result of your use of a Third Party Application, either through the Joanne Orlando platform or outside of it.
3. Costs and Fees
3.1. To engage in the Services, you must subscribe to a membership subscription by visiting the membership page of the Joanne Orlando website.
3.2. The term of your membership will be 3 months.
3.4. The subscription charges are as stipulated on Joanne Orlando website. These amounts, or the basis for determining them, may be varied from time to time, in which case you will be advised thereto via email, although any such variations will not affect any subscription charges for which you have already paid.
3.5. Joanne Orlando charges in AUD and all products exclude GST unless otherwise stated in the product description or communication. Members outside of Australia or New Zealand should accordingly be aware that your nominated financial institution may charge you an international transaction fee or any bank fees associated to the purchase.
3.6. You accept that you are solely responsible for all costs involved in the use of the Services, such as communication costs related to the use of devices, the use of mobile Internet and roaming, and taxes connected to your use of the Services.
3.7. Any payments made towards your service will not be refunded, no part of any membership may be carried forward, and no credit will be given for the unused portion of any membership.
4. Intellectual Property
4.1. Joanne Orlando, or its licensors, owns all right, title and interest including, but not limited to, intellectual property rights in and to the Services (which include applications, features, software, databases) and, unless agreed otherwise, you may not reverse engineer, decompile or otherwise attempt to extract the source code of the software which Joanne Orlando or its licensors provides you, unless this is explicitly permitted.
4.2. Unless we have agreed, or specific guidelines permit, you are not permitted to use Joanne Orlando’s logo or any other trademark, service mark, graphic and logo used by Joanne Orlando or its licensors in connection with the Services.
4.3. You retain any and all rights you already hold in content you post or display. You grant Joanne Orlando and any affiliated companies a royalty-free, non-exclusive, perpetual, worldwide license to reproduce, adapt, modify, translate, publish, display and distribute any User Generated Content which you provide or upload on or through the Services, including that which you provide or upload by accessing Joanne Orlando forum, bulletin board, chat room, or any other user interactive area of Joanne Orlando’s domain, and placing any information therein. This license is restricted to the goal of enabling Joanne Orlando or its affiliated companies to distribute and promote its Services. You represent and warrant to Joanne Orlando that you have all necessary rights, power and authority to grant the license.
5.1. The Services and Content are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, which are hereby expressly disclaimed to the fullest extent permissible pursuant to applicable law. Joanne Orlando shall not be responsible or liable to any user for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorised activities of third parties.
5.3. You understand and expressly agree that your use of the Services and the Content is at your sole risk, that any and all Content, material and data uploaded, downloaded or otherwise obtained through your use of the Services are at your own discretion and risk and that to the extent permitted by law, you will be solely responsible for any damage to you, your property or any third party or their property arising from use of the Services or the Content.
5.4. To the extent that the applicable law does not permit the disclaimer of warranties, the products, Services and Content are warranted only to the minimum amount legally required.
6. Limitation of Liability
6.1. You understand that your use of the Services is at your own risk. Joanne Orlando shall not be responsible for any damages that may arise in connection with any transaction, your use of the Services or this agreement except to the extent caused by Joanne Orlando’s negligence, wilful misconduct or breach of this agreement.
6.2. To the fullest extent permissible by law, Joanne Orlando shall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any lost profits, lost revenue, lost data, equipment downtime, or for any indirect, consequential, special, incidental, punitive, or exemplary damages or losses, arising out of your access, use or inability to use the services or any content, including but not limited to interruptions or delays in transmission, regardless of the type of claim or the nature of the cause of action, even if Joanne Orlando has been advised of the possibility of damage or loss.
6.5. You indemnify us from and against all liability, claims, loss or damage arising out of, or in connection with, the publication of User Generated Content on our website and our use of User Generated Content.
7.1. All benefits associated with your membership will expire when your membership expires. You will only be able to re-gain access to such benefits when you take out another membership.
7.7. Pursuant to clause 7.2, no refunds are available for any Joanne Orlando product or membership.
7.8. Either party may terminate this agreement if the other party is in material breach of any of its obligations under this agreement and if the breach is capable of remedy, fails to remedy the breach for a period of 30 days after receipt of a written notice by the other party requiring rectification of the breach.
7.9. Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of this agreement.
7.10. The obligations of the parties that by their nature could reasonably construed as being intended to continue to apply beyond the termination of this agreement will continue to apply.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
A failure by either party to take action to enforce its rights does not constitute a waiver of any right or remedy under this agreement unless it is in writing signed by the party granting the waiver.
9.4. Governing Law