These Terms and Conditions of Use (‘Terms of Use’ or ‘Terms’) are an agreement between you (‘the User’) and Joanne Orlando (ABN 52 184 838 359) (‘Joanne Orlando’, ‘we’ or ‘us).
1. Acceptance
1.1. These Terms of Use are important and affect your legal rights, so please ensure that you read them carefully. The Terms govern your use of the website located at www.techclever.com.au. The Terms apply to the Services currently offered by Joanne Orlando as well as Services that may be offered in the future.
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.
1.3. Joanne Orlando reserves the right, at any time, to modify, alter or update the Terms of Use without prior notice. Modification shall become effective immediately upon being posted herein. Your continued use of the Services after amendments are posted constitutes an acceptance of the Terms of Use and its modifications.
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.
2.4. Notwithstanding anything herein to the contrary, Joanne Orlando reserves the right to permit or restrict any subscriber’s access to the Services in its sole and absolute discretion, including the termination or suspension of user accounts in the event of a breach of these Terms of Use.
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. Warranties
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.
5.2. The Australian Consumer Law may imply warranties or conditions or impose obligations upon Joanne Orlando that cannot be excluded, restricted or modified or excluded, restricted or modified to a limited extent. These Terms of Use must be read subject to these statutory provisions. Under these provisions your rights as consumers include statutory guarantees that services supplied to you will be provided with acceptable care and skill, be fit for any notified purpose or give the results that you and us agreed to and be delivered within a reasonable time.
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.
6.3. To the fullest extent permissible by law, our maximum aggregate liability shall not exceed the amount that you have paid for the Services to which the liability relates. To the fullest extent permissible by law, if you are dissatisfied with the Services, do not agree with any part of this agreement or have any other dispute or claim with or against Joanne Orlando related to the Services or any Content, your sole and exclusive remedy is to discontinue use of the services. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy, and to the extent applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, the foregoing limitation may not apply to you. You acknowledge and agree that in the absence of this limitation of liability these Terms of Use would be materially different or you would not be granted access to the website.
6.4. You agree to be responsible for any and all third party claims, liability, damages, and costs (including, but not limited to, solicitors’ fees, costs and expenses) against or incurred by Joanne Orlando that result from, arise out of or are in anyway connected with your breach of these Terms of Use, your negligence, wilful misconduct or your infringement, or infringement by any other person using your account, of any Joanne Orlando IP or other right of Joanne Orlando or any third party. Joanne Orlando shall have the right at its own expense, but not the obligation, to assume the exclusive defence and control of any matter subject to you being responsible for any liability, damages or costs, and you shall not in any event settle any matter without the prior written consent of Joanne Orlando. These Terms of Use are for the benefit of the parties and their successors, assigns, licensors and licensees. You covenant to cooperate fully in the defence of any claim.
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. Termination.
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.
8. Privacy
8.1. Joanne Orlando maintains a Privacy Policy that can be accessed here. You will be taken to have accepted that policy when you accept these Terms of Use.
9. General
9.1. Amendments The Content, the Services and these Terms of Use are subject to change and updating by Joanne Orlando and our affiliates, licensees, partners, agents and representatives at any time without prior notice. The changes may include superseding Terms of Use. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of any Joanne Orlando Services constitutes your acceptance of any change or update, all of which shall become controlling when posted
9.2. Severability
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.
9.3. Waiver
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
The Services along with all products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and regulations when using the Services. The laws of New South Wales, Australia will govern these Terms of Use. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The foregoing shall not preclude the Company from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of Joanne Orlando’s IP.