Terms and conditions of Use

PLEASE READ THE FOLLOWING TERMS CAREFULLY

  • This website is operated by "bythebeach"
  • These terms and conditions, together with the Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the website, govern your use of and access to the website and all its associated services. 
  • By accessing, browsing and/or using the website you will be deemed to have agreed to these Terms.
  • "bythebeach" may vary these Terms and Conditions at any time. In the event that "bythebeach" varies these Terms, it will provide notice by publishing the varied Terms on the website.
  • Your subsequent or continued use of the website will constitute your acceptance of any changes, and accept that by doing this, "bythebeach" has provided you with sufficient notice of the variation.
  • If you object to any changes to the Conditions, your only course of action is to immediately discontinue accessing, browsing and/or using the website/s.
  • These terms and conditions of use were last updated on 7 June 2020

Membership

  • To access or use certain parts of the website, you must register as a member
  • When registering as a user, you must provide "bythebeach" with accurate, complete and up-to-date registration information, as requested.It is your responsibility to inform us of any changes to your registration information.
  • You must not register as a member multiple times.
  • You must not impersonate or create a membership for any person other than yourself.
  • "bythebeach" may at any time request a form of  identification to verify your identity.
  • To become a registered user, you must provide a password and a login name.
  • You must ensure the security and confidentiality of your password and login name.
  • You are wholly responsible for any and all activities that occur under your login name.
  • You agree to immediately notify "bythebeach"  of any unauthorized use of your login name or any other breach of security known to you.
  • You must not permit your membership details to be used by or transferred to any other person.
  • You may change your password at any time by following the instructions.
  • You may also change your login by contacting customer service via email.
  • You may also delete services attached to your registration at your convenience.
  • "bythebeach" , in our sole discretion, suspend or terminate your membership or access to all or any part of the website, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

ACCOUNT HOLDERS RESPONSIBILITIES

You must not:

  • use the website in breach of any applicable laws or regulations
  • use the website/s (or "bythebeach" content obtained from the website)
  • to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging" spimming," or "spamming";to impersonate any person or entity to solicit money, passwords or personal information from any person to harm, abuse, harass, stalk, threaten or otherwise offend others for any unlawful purpose;
  • use the website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any content that is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person contains, promotes, or provides information about unlawful activities or conduct is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful ,including content that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability ,exploits another person in any manner ,contains nudity, excessive violence, or sexual acts or references, includes an image or personal information of another person or persons unless you have their consent poses or creates a privacy or security risk to any person you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive contains large amounts of untargeted, unwanted or repetitive content contains restricted or password only access pages, or hidden content contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or contains financial, legal, medical or other professional advice; interfere with, disrupt, or create an undue burden on the website use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the website use the website with the assistance of any automated scripting tool or software frame or mirror any part of the website without our prior written authorization use code or other devices containing any reference to the website to direct other persons to any other web page except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so; or delete any attributions or legal or proprietary notices on the website.

ACCOUNT HOLDERS MATERIAL

  • By uploading, transmitting, posting or otherwise making available any Material via the website, you grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit the Material in any form and for any purpose except where expressly stated otherwise, also grant each user of the website a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions warrant that you have the right to grant the above mentioned licenses warrant that the Material does not breach the Conditions; and unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
  • "bythebeach"  reserve the right (but have no obligation) to:
  • Review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person and monitor use of the website, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
  • "bythebeach"  are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the website by any person other than us.
  • For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the website simply by facilitating others to post, transmit or other make Material available.

DISCLAIMER

  • All material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, "bythebeach" and or Online Business Sales provides no warranty or guarantee that any material or information on the website or linked websites will be accurate or complete.
  • "bythebeach"  will not be liable for any damages whatsoever whether in an action in contract, negligence or other tort, arising out of or in connection with access to the website or the information and material contained in it. All warranties of any kind are excluded to the maximum extent permitted by law.
  • Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. The material provided on the website is provided as general information only. It is not intended as professional advice and must not be relied upon as such.
  • Prior to entering into a transaction or taking any particular course of action in connection with the website, you should make your own inquiries and seek independent advice tailored to your specific circumstances and objectives.
  • "bythebeach"  makes no guarantee as to the usefulness of the material and information on the website, nor any of the products and services promoted on it or via linked websites.

ISSUES OF COPYRIGHT & INTELLECTUAL PROPERTY

  • You may use the website for personal and non-commercial purposes only.
  • Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the website.
  • You acknowledge that the "bythebeach" website/s, special technology used in connection with the website/s "bythebeach" ,  services, all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the website ("bythebeach" web site/s content") are provided by "bythebeach"  and or third-party providers and are the copyright works of "bythebeach"  and/or third parties that have licensed this work to "bythebeach".
  • Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part unless expressly authorised in writing by "bythebeach"  or the relevant third party owner.
  • The copies must contain any copyright or other proprietary rights notices that are contained in the original source "bythebeach" . The copies must not be modified.
  • In particular, you may not use any Material on the website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
  • Under the Copyright Act 1968 and related amendments you are limited as to the amount of material that you may download, print, copy and/or cut and paste from the website.
  • It is your responsibility to ensure that you do not infringe any applicable law.
  • You acknowledge that "bythebeach" and/or third-party providers remain the owners of the "bythebeach" content and that you do not acquire any intellectual property rights in the "bythebeach" content.
  • "bythebeach" and or Online Business Sales is a trademark of "bythebeach".
  • The "bythebeach" name and associated entities and other related trademarks and associated names including the "bythebeach" logos that appear throughout the website are trademarks of "bythebeach" or our related third parties ("Trade Marks").
  • Nothing displayed on the website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the website, without the express written consent of the relevant owner.

ACCESS

  • "bythebeach" will use all reasonable endeavors to ensure that the website is available continuously, but does not make any representations or warranties that your access will be uninterrupted, timely, and secure or error free.
  • You agree and understand that "bythebeach" and or Online Business Sales may prevent, restrict or suspend without notice, your access to the website for any technical, security and or any other reasons at its absolute discretion.
  • "bythebeach" and or Online Business Sales will advise you as soon as practicable of any restrictions imposed on your access to the website.

APPLICABLE LAW

  • The use of the website is governed by, construed and enforced in accordance with the laws of New South Wales and all other states of Australia and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and their respective courts of appeal and to the Federal Court of Australia sitting in New South Wales.


NO WARRANTIES OR REPRESENTATIONS

 

You use the website at your sole risk.

  • "bythebeach"  does not exclude any rights or remedies available to you under the Trade Practices Act (Cth) or equivalent State legislation that cannot be excluded or restricted by it when contracting with you.
  • To the extent permissible by law, "bythebeach" makes no warranty or representation (express or implied) regarding the quality, accuracy, reliability, currency, performance, completeness or fitness for purpose of any part of the website or any of the "bythebeach" content.
  • "bythebeach"   does not represent or warrant (expressly or impliedly) that the website/s or any of the "bythebeach" and or Online Business Sales  content, or the facilities that make the website and the "bythebeach" s content available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to the website or any "bythebeach" content will be uninterrupted.
  • To the maximum extent permitted by law, "byrhebeach" is not liable (whether in contract, negligence or otherwise) for any loss or damage arising from the use of the website or any of the "bythebeach" content.
  • To the maximum extent permissible by law, "bythebeach" liability for breach of any implied warranty or conditions that cannot be excluded by law is restricted, at "bythebeach" option, to:
  • The re-supply of the relevant goods or services; or the cost of the re-supply of the relevant goods or services; or any amount paid by you to "bythebeach" and or associated businesses in respect of the relevant goods or services.
  • In no circumstances will "bythebeach" be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the website.

PRICES AND PAYMENTS

  • Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the website at any time without providing notice to you.
  • All prices quoted on the website are quoted in Australian Dollars ("AUD") and are inclusive of GST.
  • All payments to be made to must be in AUD and must be inclusive of GST. A payment to be made to "bythebeach" must always be made in accordance with "bythebeach" payment terms that apply to that payment.
  • Payments that are received in a currency other than AUD will not be accepted and any attempted registration by you in respect of the website or "bythebeach" content will be delayed until correct payment is made.
  • All prices quoted on the website are subject to change without notice.
  • You should confirm the price of a product or service before placing an order for it.

REFUNDS POLICY

  • Please choose carefully. Our services begin once payment has been received, at which point a REFUND will not normally be available. We don't normally give refunds if you simply change your mind or make a wrong decision

PRIVACY

  • By using this website, you agree to "bythebeach" Privacy Policy.

RESERVATION OF RIGHTS

  • Any rights not expressly granted to you herein are reserved by "bythebeach"

SECURITY

  • When using the World Wide Web, the Internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of "bythebeach".
  • You assume all risk and liability of your use of the World Wide Web, the Internet or any such third party networks, including any access to the website via such media.

SEVERABILITY

  • If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

WE DO NOT GUARANTEE


1. CONTINUED AVAILABILITY OF OPPORTUNITIES

  • "bythebeach" gives no guarantee to you of the continued availability of any particular business, or business opportunity advertised on the website and will not be liable to you should an advertiser have sold or filled the opportunity at any time prior to removal of the advertisement from the website.
  • Whilst "bythebeach" takes efforts to ensure that businesses advertised are for actual business or opportunities, it gives no guarantee to you that every advertisement represents an actual business or business opportunity.

2. LINKS TO EXTERNAL WEBSITES

  • The website contains downloadable materials and links to third party websites (External Websites).
  • "bythebeach" is not responsible for, and has no control over, the content of downloadable materials or External Websites.
  • Third party links and pointers are included solely for your convenience.
  • Links to External Websites do not constitute endorsement, sponsorship or approval by "bythebeach" of the content, policies or practices of those External Websites.
  • You agree that by accessing any External Websites you do so at entirely at your own risk.
  • From time to time, "bythebeach" may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties.
  • These activities may be subject to separate terms and conditions.
  • You participate in any such activities entirely at your own risk. "bythebeach" does not accept any responsibility in connection with your participation in activities conducted by any third party.
  • You understand that "bythebeach" cannot and does not guarantee, warrant or represent that files or software of any kind, or from any source, available for downloading through the website, will be free of infection or viruses, worms, Trojan horses or other code or defects that manifest contaminating or destructive properties.
  • "bythebeach" will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any goods or services available on or through any External Websites.

DEFINITIONS

  • For the purposes of this agreement the words
  • "bythebeach" Content means the "bythebeach" website/s,special technology used in connection with the website, "bythebeach" services all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the website.
  • Conditions means these terms and conditions, together with the Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the website; External Websites means any downloadable materials and links to third party websites.
  • Material means text, illustrations, photos, audio, video, any combination of these or other material;
  • "bythebeach"" We", "Our" and" Us" refer to "bythebeach" and Website refers to materials delivered on "bythebeach" and other co-branded versions of the site

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