Privacy Statement
Intellectual property and restrictions on use.
All information, text, material, graphics, software and advertisements are the property of MINGLES The Content is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for by MINGLES. Strictly on the condition that you keep all Content intact and in the same form as presented (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the MINGLES content in any manner or for any purpose which is unlawful or in any manner which violates any right of MINGLES or an affiliate or which is prohibited by the Terms of Use.
Communication facilities
The Web Site contains electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to MINGLES, and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of your use of any Communication Facility and your access to the Web Site that you do not do any of the following:
· restrict or inhibit any other user from using or enjoying any forum;
· post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
· post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
· post or transmit any material of any kind which contains a virus or other harmful component;
· post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
MINGLES may from time to time monitor or review the contents of its Communication Facilities. While MINGLES reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in MINGLES’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, MINGLES has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is MINGLES responsible for any contents in any Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
MINGLES reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
Advertising, links to third party websites and e-commerce offers
The Web Site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of MINGLES and MINGLES is not responsible for the contents of any linked website or any hyperlink contained in a linked website. MINGLES provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by MINGLES or its affiliates. You link to any such website entirely at your own risk.
The Web Site also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by MINGLES or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by MINGLES, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Disclaimer and limitation of liability
The Trade Practices Act and similar state Legislation in New South Wales may confer rights and remedies on you in relation to the provision by MINGLES of goods or services on the Web Site which cannot be excluded, restricted or modified (“Non-excludable Rights”). MINGLES does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) MINGLES and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) MINGLES does not warrant that the functions contained in any Content or any Communications Facility or your access to the Web Site will be uninterrupted or error-free, that any defects will be corrected or that the Web Site or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) MINGLES does not warrant or make any representation regarding your access to, or the results of your access to, the Web Site (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not MINGLES) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of MINGLES) will MINGLES or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that MINGLES does not exert control over users of the Web Site and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, MINGLES’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of MINGLES to the following:
· in the case of services supplied or offered by MINGLES, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
· in the case of goods supplied or offered by MINGLES, the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by MINGLES, and MINGLES may terminate this agreement and your access to the Web Site at any time without notice. In the event of termination, you are no longer authorised to access the Web Site, but all restrictions imposed on you, licenses granted by you and all MINGLES disclaimers and limitations of liability set out in the Terms of Use will survive.
Trademarks of MINGLES and its affiliates
The trademarks listed below are trademarks of MINGLES or its affiliates (as indicated). All other trademarks displayed on the Web Site are trademarks of their respective owners. Nothing contained on the Web Site should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of MINGLES, the relevant MINGLES affiliate or third-party owner.
Some of the logos listed below may be available to you to place on your own website as a hyperlink to the relevant MINGLES website, but such use requires the express written authorisation of MINGLES or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
Miscellaneous
MINGLES relies on your continued observance of these Terms of Use. If MINGLES suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify MINGLES for those losses, damages and costs.
The terms of this agreement apply to the full extent possible in relation to the supply by MINGLES of any content or services for the MINGLES wireless application protocol service (“WAP service”), a short messaging service for mobile phone users (“SMS service”) and personal digital assistant service (“PDA service”).
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
PRIVACY
Your personal information is important to us
We recognise that your privacy is very important and that you have a right to control personal information. We know that providing personal information is an act of trust and we take that seriously. The following sections set out how we handle and protect your personal information and safeguard your privacy.
Privacy Statement:
MINGLES respects your privacy and has policies in place with regards to using data collected while visiting this website. There are areas on our website where you may choose to offer information about yourself. We will not disclose any contact information (address and email address) to any other party. Your contact details are in safe hands, we will never sell your information to any other company and you are also able to request any personal details we have on file. For email correspondence, we will offer easy opt-out options. We may also collect non-personal information on your site visit. This information includes your internet service provider, the time and length of your visit, the pages you look at on our sites, and the method by which you arrived at our site. We use this information only to measure site activity and to develop ideas for improving our site.
Disclaimer:
MINGLES endeavours to ensure that the information in this website is accurate and current, but does not accept liability for any error or omission. All warranties whether express or implied, as to the accuracy or completeness of the information contained on this website or in respect of any products or materials referred to on this website are excluded to the extent permitted by law. Links on this website may lead to other websites and some information on this website may be provided by third parties. MINGLES accepts no responsibility for the currency or accuracy
MINGLES Membership
MINGLES has implemented a membership system which offers a more rewarding experience (“Membership”). To become a member and obtain the full benefits of Membership, you register your details with us. Also, to keep you up to date with what’s happening on the Web Site, we’ll send you member only offers from our selected partners and regular updates of our products and services.
How we use and disclose your information
We will not disclose any information about you without your consent unless it is:
· Required by law;
· We believe it necessary in order to provide you with a service which you have requested;
· We suspect that your use of the Web Site is in breach of the Terms of Use;
· To protect the rights or property of MINGLES, any MINGLES user or any member of the public; or
· To lessen a serious threat to a person’s health or safety.
We will never share your personal information with a third party or allow a third party to promote its products and services directly to you without your explicit consent.
Communicating with MINGLES members:
We send our members service e-mails which contain important information about updates, changes and developments on the Web Site, such as if we take down a service which we know you are currently using, or, if we have improved a service and want to communicate its new functionality to you. For you to continue to make the most of what’s available on the Web Site, it is essential that we send these communications.
From time to time, we will send you member-only offers from our carefully selected partners, e-mail newsletters to which you have subscribed, and tell you about new competitions.
What happens on Co-Branded sites and MINGLES links to other websites
We provide links to websites outside the Web Site. These linked sites are not under the control of MINGLES and we do not accept responsibility for the conduct of companies linked to our Web Site. Before disclosing your personal information on any other website, we advise you to read the terms and conditions and privacy policy of that website.
Further information on privacy
For more information about privacy issues in Australia, visit the Australian Federal Privacy Commissioner's website.
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