Terms & Conditions

Website Legals – Rock Social

 

Terms of Use

[last updated December 2015]

The business that provides this website

http://www.rocksm.com.au/// is made available by Rock Social Pty Ltd ABN 21 600 652 935 of Po Box 3100, Port Adelaide SA 5015 (Rock Social). You can contact us here http://www.rocksm.com.au///contact/.

When you read words “us”, “our” or “we”, it means Rock Social, and the words “you”, “user” or “your” means you, the visitor to our website.

By using this website you are agreeing to be automatically bound by these terms and conditions, including our privacy policy. We encourage you to carefully read and understand these terms and conditions before using the website or any of our services.  If you don’t agree, your remedy is to stop using Rock Social.

 

We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated.

 

Feedback, comments or complaints

If you have any questions, please contact us and we will usually respond to all enquiries within two business days.

 

Entire Agreement

Unless otherwise specified, our terms and conditions as amended from time to time constitute the entire agreement between you and Rock Social with respect to this website and any and all software applications or social media pages we provide.

 

No unlawful or prohibited use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

 

You expressly agree not to:

  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval
  • engage in any internal or external spamming, or other similar actions
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
  • decompile, reverse engineer, or try to copy or imitate the this website or underlying content

 

Links disclaimer

This website may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

 

Promoted Services – disclaimer

If we promote third party products or services via our website or in direct communication with you, it is possible that we will receive a fee from the supplier for that introduction. Fees vary depending upon our agreement with the supplier. Although we make every effort to source worthwhile products and services that we believe may be of benefit to you, we do not guarantee or warrant the suitability of any third party products or services. You must exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.

 

We do welcome feedback on any third party products or services that you purchase as a result of a referral by us so that we can continue to monitor their effectiveness for our clients.

 

Copyright, Trademarks and other Intellectual Property

Rock Social owns the intellectual property rights in the contents of this website, or has permission to use or display the material on this website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. Please contact us if you require permission to reproduce any of the contents of this website.

 

Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

 

The names of actual companies and products mentioned on this website may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on this website are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

 

Permission: You may access, download, or print material from the website for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

 

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the our website content or our intellectual property.

 

Your content

You warrant that you hold the necessary rights and interests to use any material you add to Rock Social (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trade mark rights.

 

By submitting your content to Rock Social you irrevocably grant Rock Social a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you, now or in the future. We will not use your content for any other purpose.

You indemnify Rock Social against any claims made for breach of intellectual property rights in respect of your content.

 

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.

 

Copyright infringement

If believe that there is material on our website that infringes third party intellectual property rights, please contact us with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from the Rock Social website.

 

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

 

Security

We make efforts to maintain the security of our website. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

 

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.

 

Disclaimer

You specifically acknowledge and agree that your use of our website is at your own risk. Anything available via our website may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our website.

While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on Trolley Race Services for any purpose, to the maximum extent permitted by applicable law, anything contained on this website is provided “as is” without warranty or condition of any kind.

You acknowledge and agree that no information or advice provided by us constitutes medical, legal or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to Trolley Race Services and you acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

 

This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

 

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of Australian Consumer Law.

 

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

 

This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

 

Indemnity

You agree to indemnify and defend Rock Social from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • any content you post via this website
  • your unauthorised use of this website, or products or services included or advertised on this website
  • your breach of these terms and conditions.

 

Applicable law

This agreement is governed by the laws of South Australia and you agree to be subject to the jurisdiction of the courts of South Australia if there was a serious dispute between you and us.

 

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent to accounts@rocksm.com.au. We may provide notice to you via email or other electronic means.

 

Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.

 

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rock Social as a result of this agreement or use of this website.

 

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.

 

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

 

These terms and conditions together with our privacy policy form the entire agreement between you and Rock Social in respect of your use of this website.

 

 

Privacy Policy

[Last updated December 2015]

 

This privacy policy sets out how Rock Social handles your personal information. Rock Social complies with Australian privacy legislation.

 

We collect, hold, use and disclose personal information for the purpose of responding to your enquiries, assessing your application for employment or providing you with our Services. If you provide us with your email address we may send you updates from time to time. We do not sell or give away access to the personal information you provide to us.

 

Staying Anonymous

You can browse this website anonymously. However, if you would like to take advantage of our services, you will need to identify yourself to us and at that point we will collect your personal information.

 

Collecting personal information

At all times we try to only collect the information we need for the particular service we are providing.  The main way we collect personal information about you is when you give it to us, for example:

  • when you contact us
  • when you submit information to our website
  • when you ask for access to information we hold about you

 

You agree that we may retain any of your personal information indefinitely, although we are not obliged to do so. For compliance purposes we will retain your information for at least five years. Please keep your contact details with us up to date.

 

Testimonials

If you provide us with a testimonial, you give us your consent for the use of your name, business and the year of service delivery to be displayed on our website or in our other marketing material, together with the content of the testimonial that you provide.

 

Social Networking Services and links to other websites

We may provide links to other websites or use social networking services such as Twitter and Facebook to communicate with the public about our work. These sites have their own privacy policies. When you communicate with us using these services we may collect your personal information. We will only use it to help us to communicate with you and the public. The social networking service will also handle your personal information for its own purposes.

 

Collecting sensitive information

We do not actively collect sensitive information about you, including information about your health, racial or ethnic origin, political opinions, religious beliefs, sexual orientation or criminal history. We will take steps to appropriately destroy or protect any sensitive information we do receive.

 

How we use Cookies and other identifiers

We use a range of tools provided by third parties including search engine browsers and our web hosting company, to collect or view website traffic information. These sites have their own privacy policies. We also use cookies and session tools to improve your experience when accessing our websites.

 

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Some website features may not function properly without cookies.

 

The information collected by these tools may include the IP address of the device you are using and information about sites that IP address has come from, the pages accessed on our site and the next site visited. We use the information to help to track your use of our websites to improve your user experience and the quality of our services.  To find out how to opt out of tailored advertising please check the options available here – http://www.networkadvertising.org/choices/.

 

Security and overseas recipients

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we use respected hosting services, firewall and other electronic security procedures and managerial procedures to safeguard and secure the information we collect from you. Our internal procedures may include:

 

  • risk assessment of misuse, interference, loss, and unauthorised access, modification or disclosure of your information
  • background tracking and records of changes made to your personal information

 

Our website data is currently hosted by Crazy Domains which has data centres in Australia, Singapore, China, Germany, Russia, Great Britain, Brazil and the United States.

 

Disclosure

The information that we collect about you is used only for the purpose of providing you with our services. We do not publish your personal information. We provide access to your personal information in accordance with Australian privacy law. We may share your personal information with our professional advisors for the purpose of obtaining advice or compliance with our accounting or compliance obligations.

 

We do not use data processing houses overseas. However, we may use technical assistance located in another country and the people providing that assistance may be able to access your personal information in the course of providing services to us. We require those providers to comply with our privacy obligations.

 

Accessing and correcting your personal information

You may request copies of the information we hold about you, which will only be provided electronically. You have the ability to make a request to amend or correct that information. If we do not agree with your requested change, we will keep a copy of your request with our information.

 

Problems?

If you have any concerns about our use of your personal information, please contact us and let us know what the problem is. We will respond to your concerns within 30 days.

 

If you are not happy with how we manage your concerns, you can contact the Australian Privacy Commission, available at http://www.oaic.gov.au.

 

 

Disclaimer

[Last updated December 2015]

 

We cannot guarantee that your objectives will be met, or that your results will be consistent or improve.

The online world is changing all the time. All of our strategies take time, are tested, measured and changed incrementally to try and achieve the best results. What we do is dependent on how the platforms provided by third party suppliers (like Facebook) work. Those platforms may change without notice. We are not responsible for any loss or damage incurred by you as a result of changes made by third party platforms.

End.