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This User Agreement applies to users of this website (through the web addresses openstores.com.au or
www.openstores.com.au) only. For the terms and conditions of each individual OpenStores under the
OpenStores.com.au platform, you should read the terms and conditions and privacy policy on each store's website.
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| By using the OpenStores Service and/or accessing
this website, you must read and accept all of the terms and
conditions of this agreement and the Privacy Policy, including any
future amendments. Nothing in this Agreement confers any third-party
rights or benefits. If you do not agree to be bound by the terms of
this Agreement, you may not use nor access our services. |
| We reserve the right to modify this Agreement at
any time without prior notice by posting amended terms on this
website. Your continued use of the OpenStores service indicates that
you agree to be bound by such modifications or revisions. |
| OpenStores Account |
| Before you sign up for your OpenStores account,
you must satisfy and/or agree to the following: |
- You have to be over 18 years old to be eligible to sign up
for your OpenStores account. If you are under the age of 18 years,
you can sign up for your OpenStores account only in conjunction with
and under the supervision of your parents or guardians.
- You must be the same person as the person whose details are
provided when signing up the OpenStores account. You may not have
more than one active account.
- You must provide current, accurate identification, contact,
and other information that may be required as part of the sign up
process or continued use of the Service.
- You must own the stores managed under your account. If you
do not own the stores, you must have the written consent from the
owners of the stores before you can add them into your account. If
you do not satisfy this, you may not add the stores as your managed
stores into your OpenStores account.
- You must not sell, trade, or otherwise transfer your
OpenStores account to another party.
- You are responsible for maintaining the confidentiality of
your password and account, and are fully responsible for all
activities that occur under your password or account with or without
your knowledge. Where the current account details or password are
provided, OpenStores is entitled to assume that the access is by you,
or authorised by you, and you indemnify OpenStores completely against
any claim of loss or damage that results from wrongful, fraudulent or
other access (using the correct account details or password) to your
account.
- OpenStores may, with or without cause, immediately terminate
your Openstores account and the access to the OpenStores Service
without prior notice. Without limiting the foregoing, the following
will lead to a termination by OpenStores of a user's use of the
OpenStores Service (1) breaches or violations of this User Agreement
or other guidelines, (2) requests by law enforcement or other
government agencies, (3) unexpected technical issues or problems, and
(4) extended periods of inactivity. Termination of your OpenStores
account includes removal of access to your account and removal of all
content associated with your account and may also bar you from
further use of the Openstores Service.
- Your personalized information (including, but not limited to
your sign-up information, your favourite stores, and members in your
network) will be visible to the others accessing the website as part
of the OpenStores service.
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| User Conduct |
| You agree not to use OpenStores Service to do the following: |
- Post or transmit content that is unlawful, fraudulent, obscene, pornography, defamatory, racist, lewd, lascivious, filthy, violent, or harassing.
- Post or transmit content that infringes any other third party's copyright or other intellectual property rights.
- Use the OpenStores Service for any illegal purpose, including but not limited to conspiring to violate laws.
- Post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials.
- Post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use any manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the OpenStores website.
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| Information on the Website |
- You agree to grant to OpenStores a non-exclusive, royalty-free, irrevocable license to use, reformat, excerpt, or translate the information posted by you in the course of offering the OpenStores service.
- You agree that the information obtained through the use of the OpenStores service is done at your own discretion and risk and that you will be solely responsible for any damage and loss.
- We reserve the right to modify, suspend or discontinue any part of the Service with or without notice at any time and without any liability to you.
- OpenStores may contain links to the third party websites (including, but not limited to other websites with openstores.com.au sub-domains). OpenStores has no responsibility for the information published on these websites.
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| Indemnification |
| You agree to indemnify OpenStores, its employees, affiliates and other partners against any direct or indirect damages resulting from your use of the Openstores Service, or other unauthorized access with or through the Openstores Service. |
| Limitation of Liability |
| You agree that OpenStores Service is based on "AS IS" and "AS AVAILABLE" basis. OpenStores gives no warranty that: |
- The OpenStores service will be uninterrupted, timely, secure, or error-free.
- Information provided is accurate or reliable.
- The quality of any products, services, or information purchased or obtained by you through the OpenStores service will meet your expectations.
- The information posted by you will be backed-up, or restored in case of data corruptions.
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| You agree that OpenStores will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. |
