DIRECTORY TERMS AND CONDITIONS

Connect You Today Pty Ltd (ABN 15 610 536 528) (referred to as CYT) provides a searchable directory of sporting retailers, sporting clubs, sporting organisations, sport nutritionists and sport related medical professionals and related businesses (Sporting Business)and an introductory service between these Sporting Businesses and members of the public who require their goods or services (Customers)(collectively, the Services). The Services are available on the CYT website at www.connectyou.today (Site).

1. Acceptance of Terms

(a)   These Directory Terms and Conditions (Terms) forma binding legal agreement between CYT, its directors, officers, employees successors and assignees, and each person, organisation or entity using the Services including the Sporting Businesses and Customers (collectively referred to as the Users, each a User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully.  If there are any questions, the User is encouraged to contact CYT using the contact details at the end of these Terms.

(b)   The User’s use of the Site and the Services indicates that the User:

(i) has had sufficient opportunity to access the Terms and contact CYT;

(ii) has read, accepted and will comply with the Terms;

(iii) has legal capacity to enter into a contract for sale;

(iv) is 18 years or older, or if younger than 18 years, the User has the approval of its parent or guardian; and

(v) if the User is a Sporting Business and is incorporated, it has the power and authority to agree to these Terms.

If any of the foregoing is not correct, or if the User does not agree to these Terms, the User must immediately cease accessing or using any of the Services.

(c)   These Terms may be amended from time to time. Use of our Services following any amendment will be deemed to be confirmation that the User accepts the amended Terms. Although CYT will notify Users regarding amendments to the Terms via email, CYT recommends that each User check the Terms prior to using or continuing to use the Services. CYT’s agents, employees and third parties do not have authority to change the Terms.

(d)   These Terms supplement and incorporate:

(i) the CYT policies and terms and conditions, including without limitation the Website Terms of Use and Privacy Policy available on the Site; and

(ii) any agreement including but not limited to a direct debit agreement between a User and CYT’s direct debit service provider.

CYT’s Privacy Policy sets out how it collects, uses and protects the personal information of its Users.  CYT’s Website Terms of Use governs a User’s use of the Site.

2. Introductory Service Only

(a)   The Site and the Services provide searchable directory of Sporting Businesses and an online introductory platform between Customers and Sporting Businesses.

(b)   A User must register on the Site and create an account (Account) to be a Sporting Business.

(c)   A Sporting Business with an Account may create a profile as per information requested on the Site (Profile) to promote their business and to advertise the sale or provision of sporting goods, sporting activities, memberships and related services and the suburbs or geographical areas they service (Sport Offers). Currently there are no restrictions on the number of Sport Offers which can be made by a Sporting Business.

(d)   When a User searches for a Sporting Business on the Site, Sporting Businesses with a Profile satisfying the User’s search query will appear as a listing on the Site (Listing).

(e)   A Sporting Business must subscribe as a member (Subscription) for a 12 months period or such other fixed term as set out on the Site (Subscription Period)to create an Account and Profile. The monthly fees for each Subscription Period (Monthly Subscription Fee) are set out on the Site.

(f)   The Sporting Business may set out any relevant information in the Profile such as: the Sporting Business’s location(s), service they provide, any Sport Offer, opening hours, contact details and website address. Such information will also appear in a Listing subject to a User’s search query.

(g)   Customers can view Profiles and Listings and contact Sporting Businesses using the contact information provided by the Sporting Business such as email address, phone and/or business address. Customers may also submit their email to CYT and subscribe for updates about the Site and Services.

(h)   Each Customer understands and agrees that the Site is directory and an online introductory platform only, and that CYT’s responsibilities are limited to facilitating the availability of the Site and the Services.

(i)   If a Customer contacts a Sporting Business and requests any services or goods provided by that Sporting Business, any agreement subsequently entered into is between the Customer and the Sporting Business. CYT is not a party to any agreement.

(j)   CYT is not a business advisor, mentor, referrer or booking agent, and provides no such related services. CYT has no control over the conduct of the Customer, Sporting Businesses or any other users of the Site and the Services.  CYT disclaims all liability in this regard, as set out in these Terms.

3. Online Registration

(a)   A User can browse and view Profiles and Listings and the Site as an unregistered user.  A User must register on the Site and create an Account to become a Sporting Business and access some Services and features on the Site, including creating a Profile and advertising Sport Offers.

(b)   Each User may only have one (1) Account on the Site including a Profile.

(c)   Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.

(d)   Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  CYT reserves the right to suspend or terminate any User’s Account and its access to the Site and Services if any information provided to CYT proves to be inaccurate, not current or incomplete.

(e)   To keep information secure and confidential, CYT uses SSL Certificates to establish an encrypted link between a server and a User.  Users will be requested by CYT to change their passwords at regular intervals. Further information on the storage and security of your personal information can be found in our Privacy Policy and Website Terms of Use.

(f)   It is the User’s responsibility to keep Account details, username and password confidential.  The User is liable for all activity on their Account, including purchases made using their Account details. The User agrees that they will not disclose their password to any third party and that they will take sole responsibility for any activities or actions under their Account, whether or not they have authorised such activities or actions.

(g)   The User will immediately notify CYT of any unauthorised use of their Account.

4. User Obligations

(a)   Each User acknowledges and agrees that while the Site allows Users to find ways to contact each other, Sporting Businesses are not permitted to share the contact information of Customers, or other Users of the Site, unless this information is publically available on the Site.

(b)   Each User should report to CYT any activities or requests of Users which are, or which the User reasonably believes to be:

(i)   suspicious;

(ii)   inconsistent;

(iii)   illegal; or

(iv)   likely to have a negative effect on the reputation of CYT, the Site, Services and/or a User.

(c)   Each User represents and warrants that any content provided and Profile posted:

(i)   will not breach any agreement entered into with any third parties;

(ii)   will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in their local area and country; and

(iii)   will not conflict with the rights of third parties.

(d)   For the avoidance of doubt, CYT assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.

(e)   CYT reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile, and/or Listing for any reason, including Accounts, Profiles or Listings that CYT, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

5. Sporting Business additional obligations

(a)   A Sporting Business which has created an Account is also permitted to create a Profile once the Sporting Business has a Subscription. The Profile for its use of the Site is created from the information (which may include personal information) the Sporting Business provides to CYT.

(b)   Each Sporting Business acknowledges and agrees that it is responsible for its own Profile.

(c)   By registering an Account, the Sporting Business warrants that they have their own public liability insurance and any other insurance that they can reasonably be expected to have in respect of any goods and services provided.

(d)   By making any Sport Offer on a Profile, each Sporting Business represents that they hold all legal title and are authorised to offer and sell that Sport Offer

6. Payments

(a)   Customers are not required to pay any registration or membership fees for use of the Site but may be required to pay fees for Sport Offers as agreed between the Sporting Business and Customer (Sport Offer Fee). Any arrangement between a Sporting Business and a Customer in relation to the purchase of Sport Offers, including payment of any Sport Offer Fee, delivery of the goods sold as a Sport Offer and any applicable insurance, is strictly a matter between the Sporting Business and the Customer. The payment of the Sport Offer Fee does not take place via the Site and CYT has no involvement in the collection and payment of Sport Offer Fee in any way.

(b)   A Sporting Business is required to pay the Monthly Subscription Fees at a fixed 12 months term as set out on the Site (total Monthly Subscription Fees payable collectively referred to as Fees). A Sporting Business agrees to pay CYT, upfront and in advance, the Fees at the time they register for an Account.

(c)   Each Sporting Business agrees to pay the relevant Fees, in the currency specified on the Site at the time of registration for an Account on the Site.

(d)   Each Sporting Business may elect to have auto-renewing Subscriptions. If the Sporting Business makes such an election, they agree to pay each further payment of the Fees by automatic direct debit.

(e)   Goods and Services Tax (GST) will be charged where applicable.

(f)   A Sporting Business is required to pay for the Services by direct debit or by credit card. The initial payment will be processed upon receipt of the request for registration of an Account. If a Sporting Business elects to auto-renew their Subscription, each subsequent payment will be automatically charged to the Sporting Business’s direct debit account or credit card on an annual basis. The Sporting Business must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means.  If any payment from a Sporting Business is not able to be successfully processed then the request for an Account may be cancelled, their Account may be removed and any Listing or Sport Offer will not be available on the Site.

(g)   In the absence of fraud or mistake, all payments made are final and the Sporting Business shall not have the right to cancel their purchase for any reason. Further, each User agrees to satisfy all such payments made, unless we take action taken under the Refund Policy set out in these Terms.

(h)   If the User makes a payment by debit or credit card, the User warrants that: the information provided to CYT is true, accurate and complete; the User is authorised to use the debit or credit card to make the payment; the payment will be honoured by the card issuer; and that the User will maintain sufficient funds in the account to cover the purchase price.

(i)   CYT’s pricing structure or payment methods may be amended from time to time at our sole discretion.

7. Offers and Promotions

(a)   CYT may, from time to time, make offers or promotions which may be applicable to the Services.

(b)   The conditions of such offers or promotions will be specified on the Site.

(c)   The User acknowledges and agrees that CYT may, at its sole discretion, remove or extend any offers or promotions, and CYT will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.

8. Dispute Resolution

(a)   By using CYT’s Site and Services, each User agrees that any legal remedy or liability that they may seek to obtain for actions or omissions of a Sporting Business, Customer, or other third party, will be limited to a claim against the Sporting Business, Customer or other third party, who caused to them.  CYT encourages Users to communicate directly with the relevant Sporting Business, Customer or third party to resolve any disputes.

(b)   CYT welcomes feedback from Users.  CYT seeks to resolve concerns quickly and effectively.  If any User has any feedback or questions about the Services, please contact any member of the staff.

(c)   If there are any complaints from a User, CYT will aim to respond and provide a suitable solution within 7 days.  If a User is not satisfied with CYT’s response, the User and CYT agree to the following dispute resolution procedure:

(i)   The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.  The User and CYT agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

(ii)   If a resolution cannot be agreed upon at the Initial Meeting, either the User or CYT may refer the matter to a mediator.  If the User and CYT cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator.  The mediator will decide the time and place for mediation.  Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.

(d)   Any attempts made by a Party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

9. Cancellation of Registration

(a)   If a Sporting Business wishes to cancel its Account, it will need to do so by writing an email to info@connectyou.today. Sporting Businesses can also deactivate their Account at any time via the Site.

(b)   If a Sporting Business is in breach of these Terms, CYT may in its absolute discretion cancel the Sporting Business’s Account and remove the Sporting Business’s Profile and associated Listings.

(c)   No refunds will be made upon cancellation except as specified in the Refund Policy set out in these Terms.

10. Refund Policy

(a)   If a Sporting Business cancels their Subscription prior to the expiry of the fixed term, they may receive a pro-rata refund of the Monthly Subscription Fees paid at the date of cancellation and which relate to the period following cancellation. CYT will not charge the Sporting Business any further Fees to their direct debit account. Any further refund under other circumstances is subject to CYT’s discretion.

(b)   Any cancellation, exchange or refund of a Sport Offer is strictly a matter between the Sporting Business and the Customer. The terms and conditions agreed to between the Sporting Business and Customer should be set out clearly in respect of the Sport Offer.

11. Consumer Guarantees

(a)   Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

(b)   If the User is a consumer as defined in the ACL, the following notice applies to the User from CYT: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.  To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”

12. Intellectual Property

(a)   All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to CYT (or its affiliates and/or third party licensors as applicable).

(b)   The User agrees that, as between the User and CYT, CYT owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by CYT or the owner of the content.

(c)   Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

(d)   CYT’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of CYT or the applicable trademark holder or Intellectual Property owner.

(e)   A User of the Site does not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of CYT or the applicable Intellectual Property owner. A User may not do anything which interferes with or breaches the Intellectual Property rights.

13. User Licence

(a)   Subject to these Terms, CYT grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for their own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without CYT’s prior written consent.

(b)   The right to use the Site and Services is licensed to the User and is not sold to the User.  A User has no rights in the Site and Services other than to use it in accordance with these Terms.

(c)   This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

14. Prohibited Conduct

(a)   The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that they will not:

(i)   use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;

(ii)   register for more than one Account or register for an Account on behalf of another individual and/or unrelated entity;

(iii)   post any Profile or upload any content (including but not limited to User Content) that is not appropriate for children, offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;

(iv)   submit any false or misleading information;

(v)   as a Sporting Business, offer any Sport Offers in their Profile that they do not intend to honour or cannot provide;

(vi)   as a Customer, make any offer for any Sport Offers that they do not intend to honour;

(vii)   violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

(viii)   copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;

(ix)   infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

(x)   use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

(xi)   use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;

(xii)   stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;

(xiii)   use, display, mirror or frame the Site, or any individual element within the Site, Services, CYT’s name, any CYT trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without CYT’s express written consent; or 

(xiv)   advocate, encourage, or assist any third party in doing any of the foregoing.

15. Content

(a)   The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries.  The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of CYT and licensors.  The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Intellectual Property.

(b)   A User must not post, upload, publish, submit or transmit any content that:

(i)   infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

(ii)   is fraudulent, false, misleading or deceptive;

(iii)   denigrates CYT, the Site, Services, a Sporting Business, or a Customer;

(iv)   violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(v)   is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(vi)   is violent or threatening or promotes violence or actions that are threatening to any other person; or

(vii)   promotes illegal or harmful activities or substances.

16. User Content

(a)   Users are permitted to post, upload, publish, submit or transmit relevant information and content to CYT for use on the Site (User Content).  By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to CYT a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.

(b)   The User agrees that they are solely responsible for all User Content and Intellectual Property they make available through the Site and Services.  The User represents and warrants that:

(i)   they are either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that they have all rights, licences, consents and releases that are necessary to grant to CYT the rights in such User Content or Intellectual Property, as contemplated under these Terms; and

(ii)   neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or CYT’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(c)   CYT may at our sole discretion remove any User Content that is offensive or in breach of these Terms.

17. Disclaimers

(a)   CYT does not guarantee that Profiles will be viewed, or Sport Offers will be requested by, any Customers, nor does CYT guarantee that Customers will be able to find a desirable Sporting Business or Sport Offer.

(b)   CYT does not endorse any Sporting Business, Customer, Profile, Listing or Sport Offer. CYT requires Sporting Business and Customers to confirm that they have provided accurate information.  CYT does not perform any sort of background checks of any Sporting Business and Customers and does not confirm, any Sporting Business’s or Customer’s identity, Profile, Listing or Sport Offer.

(c)   CYT cannot and does not control the condition, legality or suitability of any Sporting Business or Sport Offer. A Customer is responsible for determining the identity and suitability of the Sporting Business that they contact via the Services.

(d)   CYT accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site.  CYT disclaims any and all liability related to any and all Sporting Businesses, Customers, Profiles, Listings or Sport Offer.

(e)   CTY does not guarantee that Profiles, Listings or Sport Offers will appear in a particular order, or will display or rank accurately in accordance with a User’s search query.

(f)   CYT recommends all Customers check the identification of the Sporting Business prior to contacting such Sporting Business or requesting their Sport Offer. CYT also recommends all Sporting Businesses exercise due skill and care in verifying the identity of any Customer prior to the provision of the Sport Offer.

(g)   By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Sporting Businesses or Customers or other third parties will be limited to a claim against the Sporting Business or Customer or other third party who caused it harm. CYT encourages the User to communicate directly with the relevant Sporting Business or Customer on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.

(h)   To the fullest extent allowable under applicable law, CYT disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

(i)   For the avoidance of doubt, CYT is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms.  CYT advises that all Users using the Site and Services should seek advice in relation to these matters.

(j)   Each Sporting Business and Customer who uses the Site and the Services does so at their own risk.

(k)   CYT excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:

(i)   CYT expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

(ii)   CYT does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site, or the server which stores and transmits material to the User is free of viruses or any other harmful components;

(iii)   CYT takes no responsibility for, and will not be liable for, the Site, the Services, the Sporting Business, the Customers or Sport Offers being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Sport Offer description, failing to meet the User’s needs, or being of less than merchantable quality; and(iv)   CYT will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Profile, any Listing,  the Sport Offer or the Terms, even if CYT was expressly advised of the likelihood of such loss or damage.

(l)   The User agrees not to attempt to impose liability on, or seek any legal remedy from CYT with respect to such actions or omissions.

18. Limitation of Liability

(a)   CYT’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to CYT in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

(b)   The limitations of damages set forth above are fundamental elements of the basis of the bargain between CYT and the User.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.

(c)   This limitation of liability reflects the allocation of risk between the parties.  The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of CYT.

19. Indemnity

(a)   Each User agrees to defend and indemnify and hold CYT (and CYT’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

(b)   CYT reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

(c)   This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by CYT without restriction.

20. General

(a)   Accuracy: While CYT will endeavour to keep the information up to date and correct, CYT makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose.  The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and CYT expressly excludes any liability for such to the fullest extent permissible by law.

(b)   Security: CYT has a secured business system with an SSL connection to protect all User transactions and to ensure maximum security.  CYT also uses PCI DSS compliant third party direct debit providers to ensure security of your banking details. Any data including confidential information on the Site servers may also be subject to periodic backups.

(c)   Termination: CYT reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If CYT decides to terminate a User’s Account: (i) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account, Profile, Listing or its User Content; and (ii) the User will not be entitled to any compensation for any consequential loss as a result of a suspension, deactivation or termination of their Account.

(d)   Fraudulent Activities: Each User acknowledges and agrees that, in the event CYT reasonably suspects that there are fraudulent activities occurring within the Site and Services, CYT reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

(e)   Force Majeure: CYT will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

(f)   Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

(g)   Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by CYT of any of the Terms shall be effective unless CYT expressly states that it is a waiver and CYT communicates it to the User in writing.

(h)   Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without CYT’s prior written consent.

(i)   Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(j)   Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia and overseas. CYT makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia.  If a User accesses the Site from outside Australia, it does so as its own risk and is responsible for complying with the laws in the place where he/she accesses the Site.

(k)   Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between CYT and each User, and supersede any prior agreement, understanding or arrangement between CYT and each User, whether oral or in writing.

 

For questions and notices, please contact:

 

Connect You Today Pty Ltd (ABN 15 610 536 528)

info@connectyou.today

 

Last update:       23 March 2016

                                                                           

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