1. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
2. User submissions
2.1 Maleny, Queensland displays User Generated Content (UGC) from social media platforms including Facebook, Instagram, Twitter, YouTube, Pinterest, TikTok, LinkedIn, Wechat and Douyin on our website and other digital platforms and within our electronic direct mail (eDMs). Maleny, Queensland does not claim to have ownership to any of the images, videos or content posted through these channels. However, by posting to the Maleny, Queensland official channels or tagging @maleny or #thisismaleny you hereby grant TEQ a non-exclusive, royalty free, worldwide, revocable, non-transferable , perpetual licence to use, modify, delete from, add to, publicly display and/ or reproduce your content without limitation in any online media formats and through any social media channels, pages or accounts.
On the Maleny, Queensland social media channels we will credit your name and / or business name but due to technical reasons, some of the UGC shared on the website and via eDMs may not be credited. You can revoke this licence at any time but contacting us via email at [email protected]
Furthermore, due to technical reasons, some of the UGC shared on the website is not always reviewed by Maleny, Queensland before displaying on the site and does not necessary reflect the views of Maleny, Queensland. If you find the content to be inappropriate or discriminatory, please contact us at [email protected] to report the issue.
2.2 There may be facilities on our website and social media channels for you to submit or post Content. Where you submit Content (in whatever format):
(a) you absolutely and unconditionally assign (and agree to use your best endeavours to procure any relevant third parties to absolutely and unconditionally assign) to us all right, title and interest in all intellectual property rights in any Content;
(b) you agree that whether and in what form the Content is published on our social channels, the website or within eDMs is at Maleny, Queensland’s sole discretion;
(c) you give unconditional consent for the Content to be altered, edited or adapted as Maleny, Queensland or a sub-licensee thinks fit, including in a way that would otherwise be a breach of your moral rights. This consent extends to licensees and successors in title, and to all persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright;
(d) you agree that you do not require, nor does anyone else require, attribution for the Content; and
(e) you acknowledge that you may be held legally responsible for the Content you submit. You acknowledge that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.
(f) you agree not to upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, pornographic, defamatory, vulgar, obscene, related to gambling, libellous, invasive of another’s privacy, hateful, or radically, ethnically or otherwise objectionable, including but not limited to;
(i) Content that depicts or alludes to or promotes offensive or illegal behaviour;
(ii) Content that exploits people in a sexual or violent manner;
(iii) Content that harasses or advocates harassment of others;
(iv) Content that promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
(v) Content that contains nudity, violence, or contains a link to an adult website;
(vi) Content that provides any telephone numbers, street addresses, last names, personal banking or financial information, URLs or email addresses;
(vii) Content that promotes information that the user knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(viii) Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy or creating computer viruses;
(ix) Content that includes a photograph or image of another person or another person’s property that has been submitted without that person’s consent (or where that person is under the age of majority under an Applicable Law, the consent of their parent or legal guardian); or
(x) multiple repetitive or successive off-topic posts;
(g) you agree not to impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity;
(h) you agree not to upload, post, transmit or otherwise make available any Content that you do not have the right to make available under any applicable law or under any contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as a part of employment relationships);
(i) you agree not to upload, post, transmit or otherwise make available any Content that infringes any patent, trade mark, confidential information, copyright or other proprietary rights of any party;
(j) you agree not to upload, post, transmit or otherwise make available any unsolicited or unauthorised advertising and promotional materials; or
(k) you agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any malicious code.
2.3 By posting Content to the website, or our social media channels, you warrant that:
(a) you have the rightful power and authority to provide the Content in the form and manner and name in which it is submitted;
(b) you own the Content and have the right to assign copyright ownership and other Intellectual Property Rights in the Content to us;
(c) the Content does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to intellectual property rights) of any person, corporation or entity;
(d) the Content does not contain material that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
(e) if the Content in any way includes third parties or the property of third parties, that you have obtained the required consents and releases from those third parties (or their parents or legal guardians, as applicable) to include them in your Content;
(f) your Content does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
(g) your Content does not contain material that has been previously broadcast, streamed, published or televised in any way;
(h) you will not post Content or use the website for the purpose of advertising, promoting or soliciting any goods or services or otherwise engage in trade or commerce;
(i) during the course of creating your Content your conduct was not illegal, contrary to any applicable law, indecent, obscene, threatening, discriminatory or harassing to any person; and
(j) you agree to your Content being available on the website and our social media channels for public viewing and comment (as well as within Maleny, Queensland eDMs) and that your Content may be used by Maleny, Queensland or its sub-licensees in any media for an unlimited period of time without remuneration or compensation for any purpose in our sole discretion.
3. Monitoring of Content
3.1 You acknowledge that Maleny, Queensland may or may not pre-screen Content, and that there is no obligation on Maleny, Queensland to pre-screen Content, and that Maleny, Queensland shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content provided by you.
3.2 Without limiting the above you agree that Maleny, Queensland may edit, remove or not publish any Content if it considers that:
(a) the Content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt;
(b) the Content is false or misleading;
(c) publication of the Content will infringe intellectual property rights (including copyright) or a person’s moral rights;
(d) the Content is abusive, offensive or obscene; or
(e) the Content is otherwise in breach of these Terms.
3.3 Although we may from time to time monitor or review Content, discussions, chats, postings or other contributions to the websites, social media channels and eDMs, we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.
4. Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
5. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
We have not reviewed all of the websites, downloads, plug-ins, features or advertisements linked to the website and are not responsible for the content or accuracy of any such off-site materials, including any websites linked to the website through advertisements or search engines (collectively, Third Party Material). The linking of our website to any Third Party Material does not imply that we endorse the linked material, and you use the links at your own risk. We do not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or of the descriptions or information supplied there.
Your correspondence or dealings with, or participation in promotions or business of, advertisers on the website are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the website.
6. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
7. Content of site
Some of the Content on the website, including articles, sponsorships and promotions, constitute paid advertising (Sponsored Content). This means that Maleny, Queensland may have received a payment or other benefit in return for publishing or disseminating the Sponsored Content on the website. Maleny, Queensland does not verify, endorse or otherwise approve Sponsored Content.
8. No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
9. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website or our social media channels to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
10. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.