BCN Terms and Conditions
Terms & Conditions
The terms and conditions set out below govern your use of the Barraba Community News (BCN) website (Site). By using the Site, you must accept and abide by these terms and conditions. If you do not accept the terms and conditions then simply do not use this Site.
If you have any complaints or questions regarding the Site or the Terms and Conditions then you can contact us on firstname.lastname@example.org
We reserve the right to make changes to these Terms and Conditions which will be effective once they are published on the Site. You should revisit this area of the Site regularly to check the Terms and Conditions.
Your Use of Our Site
You agree to only use the Site for purposes permitted by the Terms and Conditions. You are responsible for all equipment and software used to access the Site.
You must not:
- use the Site directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches the Terms and Conditions;
- use the Site directly or indirectly to post or transmit any Material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Site or which is false, misleading or deceptive in any way;
- submit for posting or otherwise distribute any Material in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;
- use the Site directly or indirectly, or use any service provided on the Site, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email. spam or any other duplicative or unsolicited messages (commercial or otherwise);
- attempt to gain unauthorised access to the Site or use another person's name, registration account or password;
- impersonate any person or entity or create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message you post on the Site or falsely state or otherwise misrepresent your affiliation with a person or entity;
- knowingly provide registration information that is not truthful;
- tamper with, hinder the operation of or make unauthorised modifications to the Site;
- knowingly transmit any virus or other disabling feature to the Site;
- collect information about others, including email addresses, without their consent; or
engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms and Conditions or is otherwise inappropriate for the Site.
Disclaimer and Limitation of liability
Australian consumer law may imply statutory conditions such as warranties, conditions or guarantees or impose obligations which cannot be excluded, restricted or modified. For example, if you are considered a consumer (as defined by consumer protection laws that apply to BCN you will be entitled to certain warranties under that legislation. For more information on consumer protection laws please visit www.accc.gov.au. These Terms and Conditions must in all cases be read subject to these statutory conditions.
To the extent permitted by law, BCN and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the Material, products or services, including products or services of any third party, that are made available via the Site.
BCN does not investigate or endorse any person, company or organisation that uses, advertises, posts on or provides Material to the Site or any events, information, products or services (Products) offered for sale or otherwise identified or provided by them. The availability of Material through the Site does not constitute advice about the appropriateness, value or suitability of any Material or Product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by BCN of any Product or to you to enter into any transaction or follow any course of action. Any decision that you make about any Material or Products offered, identified or provided through the Site or referred to or advertised on the Site must be based solely on your own evaluation of your circumstances and objectives and of the Material or Product. BCN recommends that you independently verify the accuracy, currency or reliability of any Material made available via the Site and upon which you intend to rely.
The Site and Material available on it are provided on an "as is" basis. You understand that by using this Site, you may be exposed to content that is posted by third parties which you may find indecent or objectionable.
BCN makes no warranty that the Site will be free from viruses or any kind of malicious code whatsoever. To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:
- the Site;
- Material on the Site;
- the services or Products made available through the Site;
- the availability of the Site; and
- your use of the Site, are excluded.
If a term is implied by law into the Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the Terms and Conditions. However, our liability for breach of such term will, to the extent permitted by law, be limited, at our option, to:
In relation to goods, at our option:
- repair and return of the goods to you;
- refund to you of the cost of replacing the goods or of acquiring equivalent goods; or
- if the product is still available, replacement of the goods with equivalent goods; or
In relation to services, at our option:
- supply of the services again; or
- refund to you of the cost of having the services supplied again.
However if you are considered a consumer under an Australian consumer law that applies to BCN, and you use our goods or services for personal, domestic or household use the above limitation and any other limitations on liability in these Terms and Conditions (including in the following paragraph) will not apply to you to the extent the liability is in relation to our beach of a warranty implied by Australian consumer law.
To the extent permitted by law, we (and our officers, employees or agents) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage (whether direct or consequential), costs or expenses suffered by you or claims made against you in connection with, however caused:
- your use of the Site (and its Material);
- any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Site;
- any failure to provide the Site;
- any Products, goods or services supplied, offered or advertised on the Site; or
- your purchase of any goods or services offered for sale on the Site or your use or reliance on any information provided on the Site.
The Site may contain links to external sites. Those sites are not part of the Site and, unless otherwise indicated, are not under BCN’s control. No link appearing in the Site and no external site linked to this Site is endorsed by BCN and no responsibility is taken for material them. You agree that by accessing any link to BCN you are doing so at your own risk and you agree to fully indemnify BCN against any liability arising out of your accessing any linked site.
Accuracy of Registration Information
When registering on the Site, you must ensure that all information you provide is correct and up-to-date. If you change your details during the period of your membership, you agree to ensure your details are updated.
Username and Password
It is your responsibility to keep your login (email address) and your password safe and secure. If there is any activity undertaken with your login details then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must notify BCN as soon as possible. You must also change your password immediately. You agree to indemnify BCN against any and all claims arising out of your failure to maintain the confidentiality of your username and password.
If any credit card payments are made on the Site, those payments are processed by an independent third party service provider. You consent to disclosure of relevant information about you to that provider on a confidential basis. If you wish to obtain further information about the provider, then contact us in accordance with the Privacy Statement. To the extent permitted by law, BCN excludes all liability in relation to those payments and the services provided by that third party.
Placement and Removal of Material on the Site
We reserve the right (but have no obligation):
- to decline to publish, or where already published, to remove any Material that we consider in our absolute discretion is inappropriate for the Site for any reason;
- to establish general practices and limits concerning the uploading of Material to the Site or the level and amount of your use of the Site and that these practices and limits may be modified from time to time;
- to monitor use of the Site by you and store and disclose any information we collect, including in order to investigate your compliance with these Terms and Conditions or for the purposes of any police investigation or governmental request.
You agree that BCN has no responsibility or liability for the deletion or failure to store any Material submitted by you to the Site.
All providers of Material for posting or publishing on the Site:
- authorise BCN to use any Material you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of BCN and its customers and the public;
- authorise BCN to edit, modify, amend or adapt or otherwise change your Material;
- grant BCN a world-wide, royalty-free an non-exclusive licence to use and exploit all intellectual property rights in your Material, in perpetuity, without restriction and without making any payment to you and without seeking any further approval from you, including publication of that Material in hard copy publications or in electronic media, using your Material in advertising or promotional material and permitting others to do any of these, including when others or BCN receive payment for doing this;
- you waive all moral rights in your Material and consent to BCN doing anything which BCN (or anyone permitted by BCN) may do in relation to your Material which would otherwise be in breach of your moral rights. This includes BCN using your Material without attributing you as the source of your Material;
- agree that we may use your name, likeness, publicly accessible biographical data in connection with our use of such Material; and
- agree to indemnify BCN and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by BCN of your Material.
You acknowledge that copyright, trademarks and all other intellectual property rights ("IP Rights") in the Site and in the Material displayed or available through the Site belongs to BCN or its licensors.
You are provided access to the Site only for your personal use. Subject to applicable laws:
- unauthorised use of the Material is strictly prohibited and may infringe BCN's or its licensors IP Rights in the Material; and
- no content may be reproduced, published or transmitted in any manner without the prior written consent of BCN.
- Without limiting the above, and subject to applicable law, you may not without prior written permission from BCN:
- archive the Material or any part of it;
- form a database whether electronically or otherwise by systematically downloading or storing all or any of the Material;
- redistribute or republish the Material; or
- link to the Site including (without limitation) linking in any way which:
- frames the Site;
- replicates the Site; or
- misleads any person regarding any association with the Site or any association with BCN (whether implicitly or expressly).
The logos used on the Site are BCN's or the trademarks of a third party. Nothing on the Site should be construed as granting any licence to use any logo or trademark without the permission of its owner.
You do not have permission to use any of BCN's logos:
- as or as part of your own logo;
- in connection with goods or services which are not the goods or services of BCN;
- in a manner that may be confusing, misleading or deceptive; or
- in a manner that disparages BCN, its information or services or the Site.
You acknowledge that your use of the Site and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, BCN and its service providers do not make any warranty that the Site or services will be error free, without interruption or delay or free from defects in design or engineering.
The compatibility of this Site is not guaranteed for all software or hardware of users.
Liability and indemnity
To the maximum extent permitted by law, you specifically agree to indemnify and hold BCN and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph Site includes any linked sites.
If you make contact with a person through the Site and that person requests that you do not contact them again, you must comply with that request.
You must not disclose the contact details of any person that you obtain through the Site without the prior consent of that person.
The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.
BCN reserves the right to suspend, limited, cancel or disable your membership from the Site without prior notice
(i) if we reasonably believe that you or someone authorised by you breaches any of the Terms and Conditions,
(ii) if considered necessary by BCN due to technical or security issues,
(iii) if there is a prolonged period of inactivity on the Site by you
(iv) if BCN is requested to do so by a government or law enforcement agency
(v) or if it is otherwise considered necessary by BCN at its sole discretion.
BCN is not required to provide any reasons for a decision to suspend, limited, cancel or disable your membership.
Upon termination of your membership you will be restricted from accessing any member restricted area of the Site, submitting any Material to the Site and any Material submitted by you to the Site or other information held by BCN in relation to your use of the Site may be deleted and is not returnable to you.
Comment Moderation Policy
BCN will always welcome your comments and hope that our conversations here will be courteous and constructive. Please be aware that you are fully responsible for the content of your comments and we reserve the right not to approve those containing any of the following:
- violent, obscene, profane, hateful, derogatory, sexist, homophobic or racist comments
- comments that threaten or defame any person or organisation
- comments that are deceitful or grossly inaccurate
- comments by deliberately anonymous entities
- solicitations, advertisements, or endorsements of any commercial products or services
- off-topic posts
- repetitive posts copied and pasted by multiple users
- comments that are part of an orchestrated campaign by an individual or group
- comments of excessive length
- comments that we consider inappropriate for reasons other than those listed above
In short - please be nice.