In these terms and conditions, "us", "we" or "our" means Daisypath.com (ABN 72 866 880 115).
It is important to us that you understand these terms and conditions. If you
have any questions, please contact us at via the Contact
(http://daisypath.com/privacy_policy.php) and any other terms and conditions, notices and disclaimers displayed elsewhere on Daisypath relating to
your use of Daisypath (Daisypath Terms).
- We may change the Daisypath Terms at any time. If we do, an amended
version of the Daisypath Terms will be posted on Daisypath. You are responsible
for ensuring that you regularly review the Daisypath Terms and your continued
use of Daisypath after any changes are made to the Daisypath Terms will be deemed
to constitute your acceptance of those changes. If you object to any changes to
the Daisypath Terms, or otherwise become dissatisfied with your membership of
Daisypath, your only remedy is to immediately:
- discontinue your use of Daisypath; and/or
- terminate your membership in accordance with the Daisypath Terms.
Termination and Suspension
- You may terminate your membership of Daisypath for any reason only by providing written notice to us. You can provide notice of termination by:
writing to us via the Contact (http://daisypath.com/contact.php) page.
- We reserve the right to, without limitation, do any or all of the following in relation to your membership:
- suspend your membership;
- terminate your membership for any reason by providing notice to you by email;
- terminate your membership immediately without notice to you if you have committed a breach of the Daisypath Terms;
- deactivate your membership if you have not used Daisypath for a period of 6 months or more (from the date of last use); and/or
- permanently or temporarily block your access to all or part of Daisypath.
Service and Features
- While we use reasonable endeavours to ensure that Daisypath is available 24 hours a day, we do not make any representations
or warranties that your access will be uninterrupted or error free. Access to Daisypath may be suspended temporarily without
notice in the case of system failure, maintenance or repair or any reason beyond our control.
- We reserve the right to change or discontinue any service or feature of Daisypath in whole or in part any time.
By asking a question of Daisypath.com, you agree that any counsel given by
e-mail, telephone, or through the website is non-authoritative, and that you
will not rely upon this information, and that you will consult with a qualified
professional before making any decisions. You agree that Daisypath.com assumes
no liability from answering these questions, or posting this information.
- You are responsible for maintaining the confidentiality and
security of your Daisypath sign-in email and password. You are wholly
responsible for all activities that occur under your Daisypath sign-in email
and password. You agree to immediately notify Daisypath of any unauthorised use
of your Daisypath sign-in email or password. You must ensure that you exit from
your Daisypath account at the end of each session.
- Daisypath may at any time request a form of identification to verify your identity and/or your compliance with the Daisypath Terms.
- Any images, or text (Content) that you transmit or post on
Daisypath, or otherwise transmit to any other member of Daisypath by any other
means, must be complete and accurate.
- You agree not to post or transmit on Daisypath, or otherwise transmit to any other member of Daisypath by any other means, Content that:
- is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- is false or misleading in any way;
- infringes the rights of any third party;
- you do not have a right to make available under any law or contractual obligation;
- is sexually explicit or contains sexual references / innuendo;
- pertains to group sexual activity or soliciting contact for the purpose of extra marital (martial, de facto or relationship) encounters
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer
software or hardware.
- You are solely responsible for Content that you transmit or post on Daisypath, or otherwise transmit to any member of Daisypath by any
- We are not responsible for, and accept no liability with respect
to, any Content transmitted or posted on Daisypath, or otherwise transmitted to
any member of Daisypath by any other means, by any person.
- We reserve the right, but have no obligation, to review Content
transmitted or posted on Daisypath, or (where possible) otherwise transmitted to
any member of Daisypath by any other means.
- Without limiting your responsibilities under the Daisypath Terms, we
reserve the right to modify and/or remove any Content that, in our opinion,
violates the Daisypath Terms or otherwise has the potential to harm, endanger or
violate the rights of any person.
- We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted
on Daisypath, or otherwise transmitted to any other member of Daisypath by any other means, by any person. Furthermore, we do not endorse
any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense
resulting from anyone's reliance on Content posted or transmitted on Daisypath, or otherwise transmitted to any other member of Daisypath
by any other means.
Use of Daisypath and Prohibited Activities
- You agree not to use Daisypath (or contact any other Daisypath member) to:
- defame, abuse, harass, stalk, threaten or otherwise offend others;
- engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
- impersonate or create an account for any person or entity;
- promote, or provide information about, illegal activities or conduct;
- promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
- exploit any person under the age of 18, or to solicit information from anyone under 18; or
- solicit money, passwords or personal information from any person.
- You also agree not to
- use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure
or presentation of Daisypath;
- "frame" or "mirror" any part of Daisypath without our prior written authorization;
- use code or other devices containing any reference to Daisypath to direct other persons to any other web page;
- except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of Daisypath or cause any other person to do so.
- Daisypath is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from
registering as members. Daisypath must not be used for commercial endeavours, including advertising, selling or hiring products or services,
collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to Daisypath is prohibited.
- We have no obligation to monitor any member's use of Daisypath, however, we reserve the right at all times to monitor, retain and disclose any
information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
Safe Interaction, Complaints and Disputes
- If you are experiencing problems with any other member of Daisypath and would like to make a complaint, please send us an email via the
Contact (http://daisypath.com.au/contact.php) page.
- We may record and store any information relating to any complaint made against you.
- We reserve the right, but have no obligation, to monitor disputes between members of Daisypath.
- You agree to hold us harmless in connection with any dispute or claim that you make against any other member of Daisypath.
- We own and retain all proprietary rights in and relating to Daisypath. Proprietary rights in and relating to Daisypath must not be used
in any way without our prior written consent.
- You warrant that any Content that you post or transmit on Daisypath, or otherwise transmit to any other member of Daisypath by any
other means, will not infringe the intellectual property rights of any third party.
(http://daisypath.com/privacy_policy.php) you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in
whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.
- No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or
transmitted on Daisypath, or otherwise transmitted to any member of Daisypath, other than their own Content, without the express written
permission of the relevant owner.
- If you believe that any Content has been posted or transmitted on Daisypath, or otherwise transmitted to any member of Daisypath by any other
means, in violation of your rights, please send us an email via the Contact
Third Party Websites and Advertising
- From time to time, Daisypath may feature or display hyperlinks and pointers to websites operated by third parties. Such websites
do not form part of Daisypath and are not under our control. We do not accept any responsibility for the contents of any such hyperlink
or linked website. If you link to any third party websites you leave Daisypath entirely at your own risk.
- From time to time, Daisypath may also feature or display third party advertising. By featuring or displaying such advertising,
we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
Limitation of Liability and Indemnity
- You acknowledge that you use Daisypath at your own risk.
- You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with
Daisypath, or any other members' use of or conduct in connection with Daisypath, in any circumstance.
- You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use
of or conduct in connection with Daisypath, including any breach by you of the Daisypath Terms.
- To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Daisypath Terms, might
apply in relation to your use of Daisypath.
- To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any)
for any chargeable service or feature on Daisypath purchased by you during the term of your membership.
- In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill,
data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in
tort, contract or otherwise.
- No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Daisypath Terms or your use
- The Daisypath Terms represent the entire agreement between you and us regarding your use of Daisypath.
- If any provision of the Daisypath Terms is held to be invalid, the remainder of the Daisypath Terms shall
continue in full force and effect.
- You agree that the Daisypath Terms will be governed by the laws of New South Wales, Australia.