Esperance Trader - Terms And Conditions

Esperancetrader Website Terms and Conditions

Welcome to esperancetrader’s User Agreement

Please read these terms carefully before using this site. You must read, agree with and accept all of the terms and conditions expressed below. By using this site (http://www.esperancetrader.com.au/) you agree to be bound by these terms and conditions.

If you do not wish to be bound by these terms and conditions, do not access the Esperancetrader site.

We may amend this Agreement at any time in our discretion by posting the amendments on the site (http://www.esperancetrader.com.au/) for 30 days. After which all amendment terms shall be affective. If you do not agree with such changes, you must terminate your account with Esperancetrader immediately.

If you have any questions about the terms and conditions please contact us via e-mail at enquiries@esperancetrader. com.au Thank you.

Esperance Trader

ABN 18 191 894 031

PO Box 1390

Esperance WA

6450

Definitions of this Web site

1.1 User- ‘you’ or ‘Account holder’ Refers to to a person who uses Esperancetrader for the purpose of

(a) browsing the website

(b) placing the advert

1.2 Collectively- ‘Content’

1.3 Agents-People you have authorized to use the website on your behalf

1.4 The site- Esperancetrader.com.au

1.0 Disclaimer

The user acknowledges that

1.1 You are responsible for providing all the hardware, software, telephone or other communications equipment and/or service to connect to the internet and access the Esperancetrader website and are responsible for all Internet access charges or other fees or charges incurred in connecting to the Internet and accessing the Esperancetrader Website.

1.2 You agree to access and use the Esperancetrader website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any laws, statutes, rules and regulations, pertaining to (i) your use of the Esperancetrader Website, including any Interactive Area, (ii) the use of any networks or other services connected to the Esperancetrader Website, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Esperancetrader Website. By accessing the Esperancetrader Website, you agree that you will not:

(1) post or transmit any unlawful, obscene, abusive, pornographic, or any indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state national, or international law;

(2) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other propriety right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

(3) Post or transmit any information, software or other material which contains a virus or other harmful component;

(4) Alter, damage or delete any content or other communications that not your own content or to otherwise interfere with the ability of others to access the Esperancetrader Website.

(5) Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such relationship.

1.3 Esperancetrader excludes all actions arising from any information posted or not posted by advertisers or editorial contributors. Information includes

(1) Advert, advertorial and editorial content (text and photos). Esperancetrader makes no guarantees or representations regarding the accuracy, reliability, or suitability of any content, whether on this site or linked to it. Esperancetrader does not endorse opinions expressed on this website; users are encouraged to determine the suitability of the information to their situation in any decision making process.

2.0 Liability

2.1 Esperancetrader does not accept responsibility for any loss, damage or costs however caused ( including through negligence ), directly or indirectly suffered by you in connection with your use of this web site or any linked or hosted website, as a result of your operation, use or misuse of this site, or of you use or reliance on information contained on or accessed through this web site.

2.2 You understand that except for content, products or services expressly available at the Esperancetrader, neither the Esperancetrader its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any content, goods or services available through sites on the internet linked to or from the Esperancetrader. All such content, goods and services are made accessible on the internet by independent third parties and are not part of the Esperancetrader or controlled by the Esperance trader. The Esperancetrader neither endorses nor is responsible for the accuracy completeness, usefulness, quality or availability of any content, goods or services available on any site linked to or from the Esperancetrader, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the Esperancetrader, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available on any site linked to or from the Esperancetrader or your inability to access the internet or any site linked to or from the Esperancetrader.

2.3 Esperancetrader plays no part in, and accepts no liability for the delivery of goods or services purchased through this website, and through links and affiliates.

Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the Esperancetrader. It is the policy of the Esperancetrader not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Esperancetrader IS AT YOUR SOLE RISK. NEITHER THE Esperancetrader NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE Esperancetrader OR ANY INTERNET SITE LINKED TO OR FROM THE Esperancetrader WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Esperancetrader OR ANY INTERNET SITE LINKED TO OR FROM THE Esperancetrader OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE Esperancetrader OR ANY SITE LINKED TO OR FROM THE. THE Esperancetrader IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE Esperancetrader, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE Esperancetrader, OR ANY INTERNET SITE LINKED TO OR FROM THE Esperancetrader, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.

UNDER NO CIRCUMSTANCES SHALL THE Esperancetrader, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE Esperancetrader OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE Esperancetrader. THE CONTENT WITHIN THE Esperancetrader AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE Esperancetrader MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE Esperancetrader AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE Esperancetrader AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE Esperancetrader IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Esperancetrader SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE Esperancetrader, IN WHOLE OR IN PART, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Esperancetrader.

Club/ Organization

3.1 A User who setups a club account must be valid member of the club to which they intend to represent. Establishment of a club account is based on a first in first-served basis; Esperancetrader cannot transfer ownership of account once it has been established.

3.2 There is no requirement for Esperancetrader to prove the validity of a club account holder and the existence of a relationship with the club they present

3.3 Only one account can be established per club

3.4 Esperancetrader excludes itself from all issues arising from disputes over club account ownership. In the event of dispute between 2 or more parties over a club account, Esperancetrader reserves the right to cancel the account.

3.5 Esperancetrader is not responsible for incorrect events or results submitted by a club account holder. A club account holder must ensure the accuracy of events and results.

3.6 A club account holder must ensure they have obtained permission from all subjects to upload event photos. Esperancetrader is not liable for any action arising from photos being uploaded without prior permission of the subject or the subject’s parent/guardian.

3.7 Esperancetrader retains the right to modify or delete a club directory listing, event, result or event photo if it does not conform to the purpose of the website or is not suitable for public display.

Interactive Areas

You acknowledge that the Esperancetrader may include various interactive areas ("Interactive Areas"), including but not limited to classified ads. These Interactive Areas allow feedback to the Esperancetrader and real-time interaction between users. You further understand that the Esperancetrader does not control the messages, information, or files delivered to such Interactive Areas and that the Esperancetrader may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the Espe, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the Esperancetrader cannot, and does not intend to, screen communications in advance. Moreover, because the Esperancetrader encourages open and candid communication in the Interactive Areas, the Esperancetrader cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The Esperancetrader is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the Esperancetrader has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the Esperancetrader may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The Esperancetrader reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written Esperancetrader policy in effect at that time, (ii) be harmful to the rights of any User, the Esperancetrader, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.