Terms of service
WEBSITE TERMS AND CONDITIONS OF USE
About the Website
1.1. Trailtowns.tv (the “Website”) is operated by Trail Towns Productions Pty Ltd (“Trail Towns”). Access and use of the Website are subject to these terms and conditions (“Terms”).
1.2. Trail Towns reserves the right to update and change any of the Terms by updating this page at its sole discretion. When Trail Towns updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
Description of the Services
2.1. Through the Website, Trail Towns provides you with a variety of resources, including but not limited to content of Trail Towns TV & radio show, blog, newsletter, access to social media channels and the merchandising online store section with Trail Towns’s products (collectively the “Services”).
2.2. The Services, including any new features, future updates and/or enhancements, are subject to these Terms.
Trail Towns online store available on the Website
3.1. Trail Towns merchandising is available to be purchased online as part of the Services. The online shop shall be governed by the terms and conditions to be accepted and agreed on this link.
Accounts
4.1. If any of the Services requires you to open an account on the Website (“Account”), you may be required to provide personal information about yourself (such as identification or contact details) as part of the registration process.
4.2. You may also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account.
4.3. You agree that you have provided accurate, up to date, and complete information about yourself, your business and/or employer. Trail Towns is not responsible for any error made as a result of such information being inaccurate.
4.4. You agree to notify us of any change in your information as soon as possible after it occurs. If you do not do so, Trail Towns may terminate your account.
Use of the Services
5.1. You will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
5.2. You agree that you will not, and will not allow any other person, to:
(i) collect or use any information obtained from or the Website or the Services except as intended by these Terms;
(ii) obtain or attempt to obtain any Services through any means not intentionally made available through the Website; or
(iii) aggregate, copy or duplicate any of the Services in any manner other than as permitted by these Terms.
5.3. Appropriate legal action will be taken by Trail Towns for any illegal or unauthorised use of the Website and the Services.
Copyright and Intellectual Property
6.1. The Website and the Services are protected under copyright laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled by Trail Towns.
6.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Trail Towns on an exclusive basis.
6.3. Trail Towns does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Trail Towns.
Privacy
7.1. Trail Towns takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Trail Towns's Privacy Policy, which is available on the Website.
Disclaimer and Limitation of Liability
8.1. Subject to any conditions, terms or rights you may have under the Australian Consumer Law, the Services is provided “as is”. Trail Towns makes no representation or warranty that Services are or will be:
(i) of satisfactory quality;
(ii) complete and/or accurate;
(iii) fit or suitable for a particular purpose;
(iv) available or accessible without interruption or error.
8.2. Subject to clause 8.1, you expressly understand and agree that Trail Towns, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you in connection with the Services or these Terms, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8.3. The Webpage may contain links to other websites. Trail Towns has neither power nor control over any such website. You acknowledge and agree that Trail Towns shall not be liable in any way for the services of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
8.4. While Trail Towns takes reasonable efforts in the design and maintenance of the Website, it does not warrant that the Website is free of viruses or other damaging or malicious code components under all conditions.
Indemnity
9.1. You agree to indemnify Trail Towns, its affiliates, employees, agents, contributors, third party services providers and licensors against all costs, claims and expenses arising directly or indirectly from any breach of these Terms.
Governing Law
10.1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.