TERMS AND CONDITIONS
1 Acceptance of Terms
1.1 This website is owned, operated and maintained by Melbourne Writer’s Festival Inc (MWF), an incorporated association (ABN 29 367 097 058).
1.3 If you use this website to make a payment to MWF, or obtain a ticket or pass to attend a MWF event, then the following additional Terms of Sale will also.
2 Acceptable Use
2.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (Content), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the website you may be exposed to Content that is offensive or indecent. MWF will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the website and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
2.2 In using this website you agree not to:
2.2.1 make available or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the website or any computer, system or property of MWF or another person;
2.2.2 attempt to gain unauthorised access to any part of the website, other accounts, applications, computer systems or networks connected to the website through hacking, password mining or any other means;
2.2.3 use the website to search for, access, store, upload or send any material which is pornographic, abusive, obscene, offensive, threatening or harassing;
2.2.4 use the website in any manner that could damage, disable, overburden or impair the website or interfere with any other person’s use and enjoyment of the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website;
2.2.5 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others, as set out in the Privacy Act 1988 (Cth);
2.2.6 use any information or material in any manner that infringes any copyright, trade mark, patent or other proprietary right of any person;
2.2.7 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
2.2.8 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
2.2.9 use the website to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
2.2.10 impersonate or otherwise misrepresent your identity or affiliation with any other person or entity; or
2.2.11 commit forgery (or attempted forgery).
3.1 You agree to continually indemnify, defend and hold MWF harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against MWF by any third party arising out of your use of this website and/or any Content submitted, posted or transmitted through the website, including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by MWF in consequence of your breach of these Terms and Conditions or from your violation of any applicable law.
4 Limitation of Liability
4.1 Except as provided by law, this website is provided by MWF on an “as is” and “as available” basis, without any guarantee, warranty or condition, express or implied.
4.2 You agree that your use of this website is at your own risk. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the website or the material on or accessible through the website.
4.3 You agree that in no event shall MWF be liable for any direct, indirect, incidental, special or consequential loss (including among other things loss of data, revenue or profits), punitive or exemplary damages of any kind or subject to any equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of or in connection with your access to or use of this website, any delay or inability to use this website or any information contained in this website.
4.4 Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, or requires MWF to comply with any statutory guarantee in relation to any transaction between you and MWF, and those laws void or prohibit provisions in a contract excluding or modifying those terms, conditions, warranties or guarantees, then the term, condition, warranty or guarantee should not be excluded by these Terms and Conditions but the liability of MWF for a breach of any such term, condition, warranty or guarantee, shall be limited, at the option of MWF, to: 4.4.1 in the case of services other than services of a kind ordinarily acquired for personal, domestic or household use or consumption, the supply of the services again or the payment of having the services resupplied;
4.4.2 in the case of goods other than goods of a kind ordinarily acquired for personal domestic or household use or consumption, the replacement or repair of the goods, the supply of equivalent goods or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods; or
4.4.3 the refund of any donations made through the website.
4.5 Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
5.1 You acknowledge that your access to and use of the website (including the software operating in connection with the website) may be interfered with by factors outside of MWF’s control.
5.2 MWF makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products contained in or accessible through this website.
5.3 MWF will endeavour to ensure that the event information provided on this website is an accurate description of events. However, MWF does not guarantee or warrant the reliability, timeliness, completeness, suitability for a particular purpose or accuracy or any advice, opinion, statement, representation, media release or other information displayed on, contained in or accessible through the website, including event descriptions or other Content accessible on this website.
5.4 MWF does not guarantee, warrant or represent that the functionality of the website will be secure, continuous, uninterrupted or error free or that errors or defects in the operation of the website will be corrected.
5.5 MWF does not warrant that this website, its servers or e-mails sent from MWF are free of viruses, Trojan horses, worms, time bombs, cancelbots or other malicious programs or code or anything else which may be harmful or destructive.
6 Intellectual Property Rights
6.1 You acknowledge that the Content on this website (including without limitation the information, website design, text, graphics, materials, images, ‘look and feel’ and all software and source codes connected with the website), and all legal right, title and interest in and to the website,is property of MWF and/or its suppliers and is protected by copyright, trademarks, patents and other intellectual property rights and laws.
6.2 You may make copies of any information reasonably required for your viewing of the website and may retain a single permanent copy for your personal reference.
6.3 You agree that you will access the Content on this website solely for your personal, non-commercial use and you will otherwise not use the Content on this website for any other purpose or in any other manner that infringes MWF’s or any third party’s copyright, trade mark, patent, intellectual property or other rights.
6.4 Without the prior written permission of MWF, the Content on this website must not otherwise be downloaded, used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except whereby such use cannot be prohibited).
6.5 Without the prior written permission of MWF, nothing contained on this website or in these Terms and Conditions can be construed as granting any licence or right of use of any trade marks, trade names, service marks, logos, domain names or other distinctive brand features displayed on the website.
6.6 MWF does not claim ownership of any materials you post, upload or submit to any publicly accessible area of this website. However, by doing so you are granting MWF a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content for as long as you elect to display such Content via this website. You consent to MWF doing so even if, but for this clause, it would infringe your moral rights.The licence shall be terminated when such content is deleted from the website.
7 Links to Third Party Websites
7.1 This website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that MWF is not responsible for the content or availability of any such websites.
7.2 You must not establish links on any other website to this website or any part or parts of this website without the prior written consent of MWF.
7.3 The world wide web exists across open public networks that are neither secure nor private. You acknowledge and accept the risk that communication to or from this website may be intercepted, used or modified by third parties.
8 Personal Information
8.1 MWF is committed to maintaining the privacy of its users and maintaining the security of any personal information received from you. MWF shall use its best efforts to keep your personal information confidential.
8.2 MWF is committed to using or disclosing your personal information only for the purposes for which you have provided it and will only use or disclose it for another purpose with your consent.
8.3 You acknowledge that MWF has the right to rely on information you provide to identify you and monitor your access to or use of this website for the purpose of operating the website, to ensure compliance with these Terms and Conditions or to comply with any law or order of a court.
8.4 When you browse or use this website, our Internet Service Provider makes a record of your visit and logs the following information for statistical purposes: 8.4.1 your server’s IP address;
8.4.2 your top level domain name (for example .com, .au, .uk etc);
8.4.3 the pages you accessed and documents downloaded;
8.4.4 the previous site you have visited; and
8.4.5 the type of browser you are using.
9.1 This website does not use session cookies for anonymous site visitors.
9.2 Administrators of the website (not members of the general public) will have session cookies stored on their machine for the duration of each log-in.
9.3 Cookies can be either “persistent” or “session” based.
9.4 Persistent cookies are stored on your computer, contain an expiration date, and may be used to track your browsing behaviour upon return to the issuing website.
9.5 Session cookies are short-lived, are used only during a browsing session, and expire when you quit your browser.
10 Termination and Suspension
10.1 MWF has the right to terminate or suspend your access to this website (or any part of it) at any time, without notice, for any reason, including, without limitation, breach of these Terms and Conditions. MWF may also, at any time and at its sole discretion, discontinue the website or any part thereof without prior notice and you agree that MWF is not liable to you or any third party for any termination or suspension of your access to this website.
10.2 MWF agrees that you may unsubscribe at any time, but does not warrant or guarantee the timeliness of unsubscription.
11.1 If any provision of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such provision shall be severed and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
11.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria and you hereby submit to the exclusive jurisdiction of the courts of Victoria, Australia. The parties will not object to the exercise of jurisdiction by those courts.
11.3 The failure of MWF to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of MWF in respect of any existing or subsequent breach of these Terms and Conditions.