Terms of Use

By accessing the Sites, or application through whatever platform or device you choose to use, you consent to be bound by the following Terms and Conditions of Use (“Terms of Use”).

Although the Sites are available to anyone with internet access, the Sites may not be continuously available due to the need for maintenance or repairs as a result of computer problems, crashes or disruptions in the internet service or in relation to any unforeseen circumstances. Hostmax reserves the right to temporarily or permanently de-activate or shut down access to the Sites or any part or aspect of the Sites without prior notice to you.

Any prices or fees charged are all specified or referred to in Australian Dollars.

Any new applications, resources or features added to the Sites will be subject to these Terms of Use and any use of the Sites after any such change shall constitute your consent to those changes.

You acknowledge and agree that you must always provide Hostmax with accurate information and that you agree to update that information immediately whenever necessary. You further agree that, in the absence of any update, we assume that the information submitted by you to Hostmax or to the Sites are correct.

Hostmax reserves the right to amend the Terms of Use at any time at its sole discretion. Your continued access to and use of the Sites after such change constitutes your acceptance of the changes. As such, we recommend you review the Terms of Use periodically.

In order to use the Sites:

You must be at least 18 years of age or older to use the Sites (see the section titled “Users under 18”).

When providing any information to Hostmax or on the Sites you must, at a minimum, ensure that the information you provide us about yourself is true, accurate, current and complete. If you operate a registered company or business, you must provide, at a minimum, the Australia Company Number (ACN) of your company, your registered business number for your business, as the case may be, as well as the current street address, the current postal address and the current email address of the company or business.

You are fully, solely and completely responsible for all content and information that you provide to Hostmax or the Sites and the payment information you provide together with any activity (even when the content has been posted by others who have had or have gained access to your information) that occurs in that regard. Hostmax cannot and will not in any way be liable for any loss or damage which may occur in respect to same.

You must not use the Sites for any illegal or unauthorised purpose, activity or use and must not, in using the Sites, breach any laws in the jurisdiction of Queensland, Australia or within your own jurisdiction (including but not limited to any copyright laws or intellectual property laws).

You must not post or transmit to or via the Sites any unlawful, threatening, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any other material that could give rise to civil or criminal proceedings.

You must not knowingly transmit any virus or other disabling feature to the Sites or tamper with, hinder the operation of or make unauthorised modifications to the Sites.

You have the rightful power and authority to provide that Content in the form and manner and name in which it is submitted;

You own the Content and have the right to assign copyright ownership and other intellectual property rights in that Content to Hostmax;

The Content does not violate any privacy rights, copyright, contractual rights or other rights (including but not limited to intellectual property rights) of any person, company or entity;

The Content does not contain material that is illegal, contrary to any laws, indecent, obscene, threatening, discriminatory, harassing or in breach of any confidence and is not defamatory, libellous, offensive or objectionable;

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 parties (or their parents or legal guardians, as applicable) to include them in your Content;

Your Content does not contain any representations or material which you know or suspect (ought reasonably to have known or suspected) to be false, misleading or deceptive;

Your Content does not contain material that has been previously broadcast, streamed, published or televised in any way (unless that previously broadcast, streamed, published or televised Content has first been approved in writing by Hostmax);

You will not post Content or use the Sites for the purpose of advertising, promoting or soliciting any goods or services or otherwise engage in trade or commerce;

During the course of creating your Content, your conduct was not illegal, contrary to any law, indecent, obscene, discriminatory or harassing to any person; and

You agree to your Content being available on the Sites for public viewing and comment and that your Content may be used by Hostmax in any media for an unlimited period of time without remuneration or compensation for any purpose in Hostmax’s sole discretion.

Content that promotes information that is false or misleading

Content that promotes, depicts or alludes to offensive or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous

Content that exploits people in a sexual or violent manner

Content that harasses or advocates harassment of others

Content that promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual

Content that contains nudity, violence, or contains a link to an adult website

Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities

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

Upload, post, transmit or otherwise make available any unsolicited or unauthorised advertising and promotional materials

Upload, post, transmit or otherwise make available any material that contains software viruses or any malicious code

The publication of Content on the Sites and Assets

Clicking on links to third party websites

Use and reliance on information displayed on the Sites and Assets

Booking of products or services promoted by third parties on the Sites and Assets

Entering competitions or redeeming hot offers and deals provided by third parties on the Sites and Assets

Display of information about third party products and services on the Sites and Assets

Intellectual property subsisting in Content displayed on the Sites and Assets

The transmission of your said information over various networks; and

Changes to conform or adapt your information to the technical requirements of other networks or devices.

The Sites will meet your specific requirements;

The Sites will be uninterrupted, timely, secure or error free;

The Sites will be accurate or reliable;

The quality of the Sites will meet your expectations; and

Any errors in the information provided on the Sites will be correct or corrected.

If you breach any of the abovementioned Terms of Use, Hostmax may at its sole and absolute discretion, terminate your access to and use of the Sites. You acknowledge that although the Sites prohibit any such conduct or content, you understand and agree that Hostmax cannot be responsible for any such conduct or content that you may be exposed to as a result of your use of the Sites and you agree to use the Sites and all of their services at your own risk.

Intellectual Property

Hostmax owns the intellectual property to the Content of this website. Hostmax reserves all its rights in the intellectual property published on the Sites.

Other than as permitted by the Copyright Act 1968 (Cth) (“Copyright Act”), or expressly authorised by Hostmax, no part of any material contained on this website or web pages can be reproduced, copied or transmitted in any form or by any means without the written consent of the copyright owner.

Any copyright and trademarks on the Sites are owned by Hostmax.

You may not use any of the Hostmax trademarks without prior written consent. All other trademarks appearing on the Sites are the property of their respective owners.

If you wish to use any material from this website, please contact us by email addressed to admin@hostmax.online.

Content and Accuracy of Information

Hostmax provides the information and Content display on this website to promote Moreton Bay Region as a service to the community. Hostmax attempts to keep the Content of this site up to date, however does not warrant and makes no representation as to the accuracy of any information or Content displayed on the website or its suitability for your use. You must make your own enquiries to satisfy yourself that the information on this website is accurate. You should not rely solely on this information to make decisions.

If you believe any Content that has been posted to the Sites is offensive, unsuitable or has breached these Terms of Use, please email us at admin@hostmax.online with a link to the relevant Content and the reasons you object. At our sole discretion, we will consider your complaint and determine whether the Content is suitable or should be removed.

The views which are expressed by members of the public who have uploaded information or Content to the Sites are not the views of Hostmax and Hostmax accepts no liability whatsoever in respect to any of the information or Content posted on the Sites by third parties nor is Hostmax responsible for its Content or accuracy. Any reliance you place on any information or Content posted on the Sites is at your own risk.

Sponsored Content

Some of the Content on the Sites, including articles, campaigns, blogs, sponsorships and promotions, constitute as paid advertising (Sponsored Content). This means that Hostmax may have received a payment or other benefit in return for publishing and/or distributing the Sponsors Content on the Sites (including other sites and social media platforms owned and operated by Hostmax). Hostmax does not verify, endorse or otherwise approve Sponsored Content.

Third party links

The Sites provide links to websites owned and operated by third parties. Hostmax does not warrant the accuracy of information, the functionality or bona fides of any such website. Clicking on any links to external websites is at your own risk and Hostmax does 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 the description of information supplied. You must make your own enquiries to satisfy yourself that the information on third party websites is accurate. You should not rely on this information to make decisions.

Your correspondence or dealings, including business, or participation in promotions including competitions and offers / deals, of advertisers and users of these Sites, is solely between you and the advertiser / user. Hostmax is not liable or responsible for any loss or damage of any sort that may be incurred as a result of any such dealings or as the result of the presence of advertisements on the Sites.

Posting to the Sites

The Sites offer businesses and individuals the facility to submit or post some Content. For Content you submit, in whatever format, you assign and agree to Hostmax all rights, title and interest in all intellectual property rights in all Content you submit. The Content will be published on the Sites at Hostmax’s sole discretion and by doing so, you give consent for Hostmax to edit or adapt the Content at our sole discretion.

By uploading Content to the Sites, you agree that you do not require attribution for the Content you have submitted. You will be held legally responsible for the Content you submit and will bear all risks associated with the use of any Content, including any reliance on the accuracy and usefulness of the Content.

By uploading or posting any Content to the Sites, you warrant that:

For any Content that you submit, you agree not to upload, post, or make available any Content that is objectionable, including but not limited to:

Monitoring Content

All Content submitted to the Sites must be first approved in writing by Hostmax. Irrespective of whether or not the Content has been approved by Hostmax, there is no obligation on Hostmax to monitor the Content and Hostmax has the right, but not the obligation, in its sole discretion to refuse or remove any Content submitted.

User Generated Content

Hostmax displays User Generated Content (UGC) from social media platforms including; Facebook, Instagram, Twitter, Google+ and YouTube on the Hostmax website and other digital platforms. Hostmax does not claim to have ownership to any of the images, videos or Content posted through these channels.

By voluntarily submitting to us, or by posting on the Sites any communications or Content, you grant Hostmax, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such communications or Content in any form, media or technology.

On the Hostmax 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 may not be credited. You can revoke this licence at any time by contacting us via email at admin@hostmax.online

Furthermore, due to technical reasons, some of the UGC shared on the website is not always reviewed by Hostmax before displaying on the Sites and does not necessarily reflect the views of Hostmax. If you find the Content to be inappropriate or discriminatory, please contact us at admin@hostmax.onlineto report the issue.

Competitions and Deals

Hostmax may from time to time run competitions or other promotions on this Sites including hot offers and deals from third-parties. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

Users under 18

The Sites are not intended for access by children, so if you are under 18 years of age, you need to obtain a parent / guardian’s consent prior to using the Sites. Hostmax understands the importance of protecting children’s privacy, particularly in an online environment. However, the primary responsibility rests on the parent/guardian to supervise their children’s use of this Sites. For more information about Privacy, please review Hostmax’s Privacy Policy (http://www.moretondaily.com.au/privacy).

Security

You are responsible for keeping the computer or device on which you are accessing the Sites free from any and all viruses and malicious programs and maintaining all appropriate security measures.

You acknowledge that your failure to do so may lead to, amongst other things, the interception of data by unauthorised parties.

Hostmax will have no liability to you whatsoever if you suffer any loss that is caused wholly or in part by your failure to keep the computer or device from which you are accessing the Sites safe and secure.

Internet Risks

Hostmax does not in any way warrant that the functions contained in Hostmax websites will be uninterrupted or without error. Hostmax will in no way be liable (in negligence or howsoever) for the propagation of computer worms, computer viruses or any other harmful components transmitted from Hostmax websites or from other third party websites.

All of the information provided on Hostmax websites is given or made on an “all due care taken, but no liability” basis.

Links and Advertising

This Sites may contain links to third party websites. Those websites are not under the control of Hostmax and Hostmax is in no way responsible for the Content of the links contained in those websites or any webcasting or other transmission received from any such website.

Neither Hostmax or any of its officers, directors, employees, agents or related bodies corporate recommend or endorse the Content of any third party websites which may be linked to or from the Sites, or any products or any services of any third party organisations mentioned or described on this Sites or linked to or from the Sites. You acknowledge that you enter any third party website at your own risk.

This Sites may contain advertisements for third party goods and/or services. The third party advertisers are responsible for the accuracy of all representations they make in those advertisements. Neither Hostmax or its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Sites nor does Hostmax offer the goods or services for sale or make any other representation whatsoever about them. If you wish to purchase any product or service advertised by a third party on the Sites, you do so at your own risk.

Disclaimer of Indemnity

The information in the Sites are provided as a guide only and may have been provided to Hostmax by third parties. Irrespective of any measures taken by Moreton Dily to check that the information is accurate or complete, in no event will Hostmax be liable to any person in contract, tort (including, but without limitation, negligence) or otherwise if any information on this Sites are incomplete or inaccurate.

The internet exists across open public networks that are neither secure nor private and accordingly you acknowledge and accept the risk that any communication to or from the Sites may be intercepted, used or modified by third parties. You also acknowledge that your access to and use of the Sites, including the software operating in connection with the Sites, may be interfered with by numerous factors outside of Hostmax’s control.

Neither Hostmax nor any of its officers, employees, agents or related bodies shall be liable to you or to anyone else for:

Any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network

Any defamatory, infringing, offensive or illegal conduct or material found in connection with the Sites including such conduct or material transmitted by any means by any other person

Any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with the use of the Sites or information provided by you through the Sites

Any loss of revenue, loss of income, loss of profits (or any anticipated savings), business losses, loss of contracts, loss of business relationship, loss of reputation or goodwill or any loss or corruption of any information or data

Loss of profit, goodwill, use, data or other intangible losses (even if Hostmax has been advised of the possibility of such damage) resulting from:

the use or the inability to use the Sites;

the cost of procurement of any substitute service resulting from any information obtained through the Sites;

unauthorised access or alteration of your transmissions or data;

statements or conduct of any third party on the Sites; or

any other matter relating to the Sites themselves.

Failure of Hostmax to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of any such right or provision.

These Terms of Use constitute the entire agreement between you and Hostmax and govern your use of the Sites and supersede any prior agreements between yourself and Hostmax (including but not limited to any prior versions of these Terms of Use).

If Hostmax is found to be liable to you for any damage, loss, cost or expense arising out of or in connection with your use of the Sites then you agree and acknowledge that the liability of Hostmax in total aggregate shall not exceed the dollar amount of the payment made by you (or $500, whichever is the lesser).

You agree that you will not bring any claim personally against any of the officers or employees of Hostmax in respect to any losses you may suffer in connection with the Sites.

The information provided on the Hostmax websites is general information and is not intended to be relied upon. You should make your own enquiries and seek independent alternative advice prior to making any decisions based on information contained in the Hostmax websites.

The material on the Hostmax websites have been obtained from sources believed to be current and accurate when published and is provided by Hostmax in good faith.

Hostmax makes no representations or warranties whatsoever that any of the material on the Hostmax websites will be relevant, accurate, reliable or complete and Hostmax does not in any way accept any responsibilities that may rise in relation to any errors or omissions contained in or derived from the material on the Hostmax websites even if those errors or omissions occur as a result of Hostmax’s negligence. Furthermore, Hostmax makes no representations whatsoever that your access of the Hostmax websites will be secure, timely or uninterrupted.

Any reliance or use of any of the material on the Hostmax websites is entirely at your own risk.

Hostmax makes no representations whatsoever as to the relevance, accuracy or currency in relation to any details placed on the Hostmax websites in relation to any businesses or service providers and makes no representations whatsoever to the safety, quality or suitability of any of the goods or services provided by those businesses or service providers.

Hostmax does not in any way endorse or recommend any product, personal service depicted on the Hostmax websites or assets. Any product, person or service depicted on the Hostmax websites or assets is for information purposes only. Hostmax will in no way be liable for any loss, damage, liability or inconvenience suffered by you or any other person resulting from their use or reliance upon contact details contained in the Hostmax assets. If you intend to rely on the contract details contained in the Hostmax assets, you must first satisfy yourself as to the relevance and accuracy of those contact details.

Hostmax will in no way be liable for any loss, damage, liability or inconvenience suffered by you or by any other person as a result of any internet access difficulties, malfunction of any software or equipment or in relation to any interruption, communications failure or delay in operations or communications.

Any hypertext links to any external websites, mobile applications or digital media outside of the Hostmax websites are provided by Hostmax in good faith and for your convenience only. The said external information is outside of Hostmax’s control and it is your sole responsibility to make your own decisions about the correctness, accuracy, relevance and reliability of any material found on any external website, mobile application or other digital media.

Hostmax takes no responsibility for the content of the external websites, mobile applications or digital media and makes no warranty, representations, undertakings or legal responsibility for the accuracy, usefulness, completeness or relevance of any material located via the hyperlinks or references to external websites, mobile applications or other digital media. Hostmax does not in any way endorse any content whatsoever in any external website, mobile application or digital media whatsoever.

Hostmax in no way whatsoever accepts any liability for any loss or damage suffered by you or any other person either directly or indirectly for using or relying on any material located by hypertext links or referred to in external websites, mobile applications or digital media.

Aboriginal and Torres Strait Islander users of the Hostmax websites and assets may contain images of people who have passed away and Hostmax accepts no liability, loss or damage suffered by any person either directly or indirectly as a result of those images.

You release and indemnify, and keep Hostmax released and indemnified, against all Claims, and all costs arising from claims, brought by you or by any third parties arising from:

“Claims” include any and all claims for any losses or damages, including incidental or consequential damages.

You are permitted to edit, modify or update your pre-approved details or Content, provided that the edit, modification or update has been first approved in writing by Hostmax.

You must not in any way modify, adapt or hack the Sites or modify any other website owned or controlled by Hostmax or any other website whatsoever so as to falsely imply that it is associated with the Sites and/or Assets.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion or part of the Sites and Assets without the express prior written permission of Hostmax.

Hostmax may remove any Content from the Sites and Assets which Hostmax believes, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, obscene or objectionable but has no obligation to do so.

Any verbal, physical, written or other threat or abuse of any customer, client, consultant, partner, employee, user or officer of Hostmax will result in the immediate termination of your access to the Sites and Assets.

You understand and acknowledge that the processing of any information you provide on the Sites, including your Content, may be transferred unencrypted and involve the following:

You must in any way or by any means upload, post, host or transmit any unsolicited emails, SMS or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

Hostmax reserves the right to place or remove your name, business logo or anything else that you may upload or include on the Sites.

Hostmax does not in any way warrant that:

You acknowledge that where Hostmax uses any third party for any functionality within the Sites, the above points will apply.

All prices are quoted in Australian dollars and include a 10% Goods and Services Tax.

Hostmax encourages the promotion of Moreton Bay Region news and lifestyle information. We do, however, monitor use of the Content contained on the Sites and Assets and request all copyright enquiries be sent to admin@hostmax.online.

All implied terms, conditions and warranties regarding the functionality and security of the Sites are excluded to the fullest extent possible, except for those that cannot be lawfully excluded.

You acknowledge and agree that internet transmissions and never completely or entirely secure or private and that information whatsoever sent by you may be read or intercepted by others.

You acknowledge that Hostmax has no liability to you arising out of or in connection with the interception of any data by unauthorised parties or for any events beyond Hostmax’s control.

Nothing on the Sites or Assets are meant to or will constitute advice of any kind whatsoever. You acknowledge that if you require any legal or other advice that you should consult the appropriate practitioner or professional.

Unenforceability

You acknowledge that if any provision contained in these Terms of Use is or is found to be unenforceable under any applicable law, it will not affect the enforceability of the other provisions of these Terms of Use.

Release and Indemnity

To the extent permitted by law, you agree to release and hold harmless Hostmax and its current and former officers, employees and agents against and from all expenses, costs, liability, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever (including consequential and economic loss), property loss/damages and damage for injury (including personal injury and death) arising out of, caused by, attributable to or resulting from your use of the Sites and Assets for any reason whatsoever.

You agree to indemnify Hostmax and its current and former officers, employees and agents for all expenses, costs, liabilities, claims, actions, proceedings, damages, judgements and losses of any kind whatsoever (including consequential and economic loss), property loss/damage and damage for injury (including personal injury and death) incurred or suffered by Hostmax or its current or former officers, employees or agents arising out of, caused by, attributable to or resulting from your use of the Sites except in respect to any such loss or damage caused or contributed to by the direct negligence caused by the current or former officers, employees or agents of Hostmax.

Use of Information

You agree that Hostmax may use your email address to send you information.

Laws

You agree that your use of the Sites is governed by the laws in force in the State of Queensland and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or the Sites.

Nothing in these Terms of Use affects any rights you may have and which by law cannot be excluded, including under the Competition and Consumer Act 2010 (Cth) and under State and Territory consumer protection legislation in Australia.

Privacy

Hostmax is bound by the Privacy Act 1998 (Cth) (“Privacy Act”) and the Australian Privacy Principles (“APP”) set out within the Privacy Act which regulate the way in which personal information is handled.

You acknowledge that by using the Sites and Assets and providing your personal information to Hostmax, you consent to Hostmax handling your personal information in accordance with the Privacy Act. For complete details in this regard, please visit our Privacy Policy https://www.hostmax.online/privacy

Force Majeure

You acknowledge and agree that Hostmax cannot be in any way held responsible to you as a result of force majeure.

Cases of force majeure (or acts of God) are those events usually recognised as such by the jurisprudence of the courts of Queensland, Australia.

Settlement of Disputes

In the event of a dispute relating to these Terms of Use, Hostmax advises you that there may be a possibility of recourse to a conventional mediation procedure or to any other alternative method of dispute resolution.

Entire Agreement

These Terms of Use express your obligations and the obligations of Hostmax in their entirety.

No general or specific condition communicated by you can be incorporated into these Terms of Use.

If you no longer wish to receive any e-newsletters or other promotional material which Hostmax may send to you, you must advise Hostmax that you wish to opt out of receiving any further e-newsletters or other promotional material.

You acknowledge that from time to time it may be necessary for Hostmax to review and revise the Privacy Policy https://www.hostmax.online/privacy. Hostmax reserves the right to change the Privacy Policy at any time and for any reason. If Hostmax makes a change to the Privacy Policy, the revised version will be posted on the Sites.