Terms & Conditions
USE OF WEBSITE
What's On Group reserves the right to amend the Terms at any time and you should periodically check the Website for any amendments or updates to the Terms.
What's On Group wish to advise that refunds related to third party links and affiliates come under the policy of the relevant third party. What's On Group is a website based on "Freemium" listings and preferred or promoted placement. In the event of a dispute by a merchant placing a listing What's On Group will respond within 3 business days. Please send all queries to firstname.lastname@example.org
Secure Socket Layer (SSL)
What's On Group advise that www.whatson.com.au is secured by Secured Socket Layer (SSL). Confirmation can be found via the following link;
For the purpose of these Terms "Intellectual Property" means but is not limited to trademarks, service marks, patents, copyrights, associated moral rights, designs, geographical indications, layout-designs (topographies) of integrated circuits and similar industrial, commercial and intellectual property (whether registered or not and whether protected by statute or not).
All Intellectual Property and proprietary rights in the Website and all content displayed or featured on the Website, including but not limited to, text, material, information, graphics, data, software, reports, photographs, logos, audio and video material and advertisements ("Material") is the property of and shall vest in, its successors, assigns or third parties (where applicable).
The logos of the Website is a registered trademark of What's On Group. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Website, without the express written permission of the relevant owner.
CONTRIBUTING MATERIAL TO THE WEBSITE
You understand that all Material (including without limitation any advertisement, articles, messages, uploading files, inputting data or engaging in any other form of communication) that you submit for display on the Website whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Material originated. Only you and NOT What's On Group will be entirely responsible for all Material that you upload, post, email, transmit or otherwise make available via the Website. You represent and warrant to us that any Material which is submitted for display on the Website:
a) you are authorised to provide the Material and have obtained all necessary consents and approvals, including but not limited to the consent of any third party with whom the Intellectual Property rights to the Material vests;
b) the Material does not infringe any Intellectual Property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential Material, copyright and moral rights;
c) the Material is true and accurate;
d) the Material is not defamatory or a malicious falsehood in relation to any product, service, person or corporation; and is not harmful, threatening, abusive, harassing, tortious, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
e) the Material is not the passing off of any product or service and does not constitute unfair competition; and
f) the Material does not infringe any legislation or regulations of the Commonwealth of Australia and the States and territories of New South Wales, Victoria, Queensland, Australian Capital Territory, Tasmania, South Australia, Northern Territory and Western Australia including, but not limited to, the Trade Practices Act 1974 (Cth) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the Material is or will be available electronically to users of the Website.
In the absence of any contrary agreement, by submitting any Material on the Website you grant to a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do or all or any of the following in respect of the Material:
a) to use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.
You expressly waive in favour of and any other party authorised by all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any Material. At the request and expense of, you will execute and deliver to such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
DISCLAIMER AND LIMITATION OF LIABILITY
The Material contained in this Website is for general information purposes only. This Website contains information provided by third parties, links to websites operated by third parties, and advertisements which may contain embedded links or which include referral buttons to websites operated by third parties or their licensees or contractors.
The linked websites, advertisements and third party information displayed on our Website are not under the control of and the display of those links, advertisements and third party information does not constitute or indicate a relationship between What's On Group and that third party nor an endorsement of any information, products or services advertised or displayed on our Website or on a third party website.
Whilst we endeavour and take all due care to keep the information up-to-date and correct, and our Website error-free and free of viruses, its related entities, directors, contractors, officers, agents and employees, to the greatest extent permitted by law:
a) make no representations or warranties or guarantee of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website or any linked website for any purpose;
b) expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose for any products and services advertised on the Website on or third party linked websites; and
c) does not warrant that the functions contained in any Material or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits material are free of viruses or any other harmful components.
Use of this Website and any linked websites is at your own risk and in no event will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use and access or inability to use and access this Website or any third party linked websites.
To the fullest extent permitted by law's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of to the following:
a) in the case of services supplied or offered by,
(i) the supply of the services again, or
b) in the case of goods supplied or offered by ,
(ii) the payment of the cost of having services supplied again; and
(i) the replacement of the goods or the supply of equivalent goods
(ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or
(iv) the payment of the cost of having the goods repaired.
You agree to indemnify and hold harmless, its related entities, directors, contractors, officers, agents and employees on a full indemnity basis, from and against any action, suits, claims, demands, liabilities, costs, expenses, loss and damage incurred or suffered, by arising from or in connection with all or any of the following:
a) any Material you submit, post, transmit or otherwise make available through the Website;
b) your use and access or inability to use and access the Website and any linked third party websites;
c) advertising, selling or buying products and services advertised in the Classifieds; or
d) your violation of the Terms or your violation of any rights of another.
This agreement is governed by and construed in accordance with the laws of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
CREDIT CARD TRANSACTIONS
All transactions are processed in Australian dollars, and are secured by credit card security.
Before you purchase any products or services from the website, you will need to create an account. This will allow you to print any orders you have made, view previous purchases or modify privacy preferences.
What's On Group takes no responsibility for the products or services for services purchased through the website from third party / affiliate websites - What's On Group makes no warranty to the End Users for the quality, safety, usability, or other aspect of the product or service for which the purchase is made.
If you have any questions about these terms, please contact support directly.
To read the complete Terms and Conditions, please see below.
IMPORTANT: ALL USERS MUST READ THIS SECTION
ACCEPTANCE OF TERMS AND CONDITIONS
What's On Group provides an interactive online service operated by (or its related parties) on the Internet (the "Web"). The site consists of information services, content and transaction capabilities provided by , related parties or any other third party.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User.
By using this Site (other than to read this Agreement for the first time), you agree to abide with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity.
The End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, there may be interruptions in service or events that are beyond the control of , and as a result, is not responsible for any data lost while transmitting information on the Internet.
While it is 's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, but not exclusively for, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of , access to the Site may be interrupted, suspended or terminated from time to time.
shall have the right at any time to change or discontinue any aspect or feature of , including, but not limited to, content, hours of availability and equipment needed for access or use. Further, may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms
The End User is responsible for obtaining and maintaining any hardware or software needing to access to and use of this Site. is not liable for any damage to the End User's equipment resulting from the use of this Site.
5. End User Conduct
This Site (and any other sites accessible from the Site through internal or external hyperlinks) are private property. All interactions on this Site and/or the linked-sites must comply with these Terms.
We encourage user interaction on our Site, however, we require that all end users use the Site for lawful purposes only. End Users shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable to or any other User, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without 's express prior, written approval, contains advertising or any solicitation with respect to products or services. Breach if this clause may result in preventing the End User from accessing the Site or any other related or linked site, removing the End User's profile and/or removing the End User's Dollars.
This term will apply for the benefit of , its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks
Everything located on or in this Site (and sites linked to this Site) remain the exclusive property of What's On Group (or its related parties) or used with express permission of the copyright and/or trademark owner. IT IS STRICTLY PROHIBITED TO COPY, DISTRIBUTE, TRANSMIT, POST, LINK, OR OTHERWISE MODIFY THE CONTENT WITHOUT THE PRIOR WRITTEN PERMISSION OF WHAT'S ON GROUP. Violations of this rule may lead to copyright, trademark or other intellectual property right infringement which may result in criminal and/or civil penalties, removing the End User's profile and/or removing the End User's Credits.
What's On Group owns copyright in the selection, coordination, arrangement and enhancement of text, software, photos, video, graphics, music, sound. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users of the website may download / print / save copyrighted material for their personal use only.
Unless provided for expressly under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of and the copyright owner is permitted. In the event that copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Users acknowledge that they do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site are the exclusive property of .
Users shall not upload or make available any material protected by copyright, trademark or other proprietary right post or otherwise on this Site without the express permission of the. does not have any express burden or responsibility to provide Users shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. If Users submit any material to any public area of the Site they warrant that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
Users may also permit another user to access, view, store or reproduce the material for personal use. Users grant the right to edit, copy, publish and distribute any material made available on this Site.
The foregoing provisions this section will apply for the benefit of and any of its related parties.
7. Disclaimer of Warranty; Limitation of Liability
Use of the Site is at end user's sole risk. Neither (nor any respective employees, agents, third party content providers or licensors) warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to the accuracy, reliability or content of any information, service or merchandise provided through this Site.
The Site is made accessible on an 'as is' basis without warranties of any kind (be it express or implied), this is not limited warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws.
This disclaimer of liability applies to loss, injury or damages which is due to the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Users acknowledge that What's On Group will not be liable for the defamatory, offensive or illegal conduct of other users or third-parties.
What's On Group (or any person or entity involved in creating, producing or distributing this site or the contents on the Site) will not be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this site.
In addition, neither What's On Group, nor its partners shall be liable for any errors in information contained on this Site, or for any delay or interruption in the transmission of Users.
What's On Group is not responsible for any content posed by a user, subscriber, or any other person on the Site. What's On Group reserves the right to remove, edit, change, alter or delete any content posted or uploaded that onto the site.
What's On Group has the right to monitor the content at all times, including any chat rooms and forums that may be on the site now or added in the future in order to ensure that the operating rules are followed. Without limiting the foregoing, What's On Group shall have the right to remove any material that, in it's sole discretion, finds to be in violation of the provisions.
Users acknowledges that all discussion for submissions, postings, messages or any other comments are public and other users may read any communications made.
What's On Group does not control or endorse the content, messages or information found in any Community and all communications are deemed to be non-confidential.
10. License Grant
All users agree to grant to a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication submitted to the Site.
Users agree to defend, indemnify and hold harmless and any of its related parties or employees from all claims.
This agreement may be terminated by at any time.
If the User breaches these Terms and Conditions, reserves all rights to immediately terminate any passwords or accounts of the User and/or remove any Dollars which have been accumulated by the User. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
13. Third Party Content
What's On Group through it's website www.whatson.com.au advertises products of other businesses - therefore, has a similar level of editorial control as a public library or bookstore. What's On Group is not liable or responsible for any opinions, advice, statements, services, offers, or other information provided by third parties
In many instances, the content available on www.whatson.com.au consists of the opinions and judgments of the product or service provider, rather than What's On Group. As such, What's On Group neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by any third party. What's On Group will not be liable for any loss or damage caused by a User's reliance on information obtained.
What's On Group may also provide hyper-links to third party websites. What's On Group does not endorse any of the content of these sites.
These terms and condition constitute the entire agreement between the parties.
If any term or condition is deemed to be invalid by a court of competent jurisdiction, that determination will not affect the enforceability of any other terms and conditions.
This Agreement is covered by the laws of Western Australia. By using this Site, Users agree that any dispute or claim arising out of or in connection with this Agreement will be determined in Western Australia.
What's On Group acts as a promoter/advertiser of products and services (much like a newspaper or TV station advertises products or services for businesses). What's On Group's website www.whatson.com.au advertises various services or products on behalf of numerous businesses. It's obligation is to promote these businesses and facilitate the purchase of a voucher which may be redeemed to obtain the advertised goods or services. We have no responsibility for these services or products nor do we make or give any warranty or representation regarding their standard. All purchases of goods or services are made subject to the terms and conditions and limitations of liability imposed by the businesses themselves. Your legal recourse is against the specific business and not What's On Group or it's website www.whatson.com.au. If for any reason, any business is unable to provide the services for which you have purchased, your remedy lies against the business and not with What's On Group.
We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control.
Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased product or service. We do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond our control which is not preventable by reasonable diligence on our part.