Our site is in a constant state of flow. There is new information coming to hand on a daily basis sometimes provided by third parties. We have endeavored to be as diligent as possible with accuracy but we may occasionally get it wrong.
It is not our intention to mislead anybody so bearing this in mind we have the below statement.
Welcome to MYSUNSHINECOAST.COM.AU web site. MYSUNSHINECOAST.COM.AU provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by visiting this page. In addition, when using MYSUNSHINECOAST.COM.AU services, you and MYSUNSHINECOAST.COM.AU shall be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. MYSUNSHINECOAST.COM.AU also may offer various services from time to time, which may be governed by different terms of service.
MYSUNSHINECOAST.COM.AU currently provides users with a web site which provides access to a venue of a broad variety of items some of which are being offered for sale by third-parties, as well as advertising and links to related services and service providers (the "Service"). The Service provided by MYSUNSHINECOAST.COM.AU may be modified from time to time without notice. It is important to note that since MYSUNSHINECOAST.COM.AU solely provides the venue, it is not involved in the actual transaction between buyers and sellers. As a result, MYSUNSHINECOAST.COM.AU has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MYSUNSHINECOAST.COM.AU to provide the Service. Unless explicitly stated otherwise, any new features that augment, modify or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that MYSUNSHINECOAST.COM.AU assumes no responsibility for the timeliness, deletion, missed delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You understand that all information, data, text, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MYSUNSHINECOAST.COM.AU, are entirely responsible for all Content that you upload, post, download, email, transmit or otherwise make available or receive via the Service. MYSUNSHINECOAST.COM.AU does not control the Content posted via our Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MYSUNSHINECOAST.COM.AU be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. MYSUNSHINECOAST.COM.AU does not control the information provided by sellers, which is made available through our system. MYSUNSHINECOAST.COM.AU does not claim ownership of Content submitted or made available on the Service. You acknowledge that MYSUNSHINECOAST.COM.AU does not pre-screen or verify Content. You may find seller's information to be inaccurate, offensive, harmful or deceptive. Please use caution and common sense when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
You agree to indemnify and hold MYSUNSHINECOAST.COM.AU, and its directors, officers, employees, subsidiaries, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release MYSUNSHINECOAST.COM.AU (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MYSUNSHINECOAST.COM.AU shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MYSUNSHINECOAST.COM.AU has no control over such sites and resources, you acknowledge and agree that MYSUNSHINECOAST.COM.AU is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MYSUNSHINECOAST.COM.AU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You expressly understand and agree that:
(a) Your use of the services provided by MYSUNSHINECOAST.COM.AU is at your sole risk. The service is provided on an "as is" and "as available" basis. MYSUNSHINECOAST.COM.AU expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) MYSUNSHINECOAST.COM.AU makes no warranty that (i) The service will meet your requirements, (ii) The service will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of the service will be accurate or reliable, (iv) The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) Any errors in the software will be corrected.
(c) Any material or information downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you from MYSUNSHINECOAST.COM.AU or through or from the services provided by MYSUNSHINECOAST.COM.AU shall create any warranty not expressly stated in the T.O.S.
You expressly understand and agree that MYSUNSHINECOAST.COM.AU shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MYSUNSHINECOAST.COM.AU has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the services or information on the MYSUNSHINECOAST.COM.AU website; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services on the MYSUNSHINECOAST.COM.AU website; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the website; or (v) Any other matter relating to the services or information provided on the website.
The TOS constitutes the entire agreement between you and MYSUNSHINECOAST.COM.AU and govern your use of the Service and Web site, superseding any prior agreements between you and MYSUNSHINECOAST.COM.AU. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the State of Queensland in Australia without regard to its conflict of law provisions shall govern the TOS and the relationship between you and MYSUNSHINECOAST.COM.AU You and MYSUNSHINECOAST.COM.AU agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Queensland, Australia. The failure of MYSUNSHINECOAST.COM.AU to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Web site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
1. If you send content to MYSUNSHINECOAST.COM.AU, you agree to be bound by these terms and conditions.
2. These terms and conditions are subject to change at the sole discretion of MYSUNSHINECOAST.COM.AU.
3. You should only provide your content to MYSUNSHINECOAST.COM.AU if you are over 18 years of age.
4. MYSUNSHINECOAST.COM.AU will determine, at its discretion, whether to publish (or remove from a site) any of your content.
5. You acknowledge that MYSUNSHINECOAST.COM.AU may use all intellectual property rights in your content throughout the world, in perpetuity, without restriction and without making payment to you, including publication of that material in hard copy publications or in electronic media, using your content in advertising and promotional material for MYSUNSHINECOAST.COM.AU and permitting others to do any of these, including when MYSUNSHINECOAST.COM.AU and others receive payment for this.
6. You waive all moral rights in your content and consent to anything which MYSUNSHINECOAST.COM.AU (or any person permitted to do so by MYSUNSHINECOAST.COM.AU) may do in relation to your content which would otherwise be in breach of your moral rights. This includes that MYSUNSHINECOAST.COM.AU may use your content without attributing you as the source of your content.
7. MYSUNSHINECOAST.COM.AU may edit your content in its discretion.
8. You warrant that:
(a) you own your content and all rights in relation to your content;
(b) you obtained your content in a manner which does not breach any laws or the rights of any person;
(c) your content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create your content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) your content, your provision of your content to MYSUNSHINECOAST.COM.AU and the use by MYSUNSHINECOAST.COM.AU of your content, in each case as contemplated in these terms and conditions, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person;
(e) your content, at the time you send it to MYSUNSHINECOAST.COM.AU, contains no virus or other code or material embedded in it which will have a negative impact on MYSUNSHINECOAST.COM.AU' services or infrastructure;
(f) your content is not being provided for a commercial purpose (including that you are not soliciting funds or promoting particular goods or services); and
(g) you did not forge any TCP/IP packet header or any part of the header information in any email or SMS.
9. MYSUNSHINECOAST.COM.AU will be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of your supply of your content to MYSUNSHINECOAST.COM.AU, or the subsequent use of your content within goods or services supplied by MYSUNSHINECOAST.COM.AU.
10. On providing your content to MYSUNSHINECOAST.COM.AU for publication in any media, you indemnify MYSUNSHINECOAST.COM.AU and its officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of: (a) the publication by MYSUNSHINECOAST.COM.AU or a person permitted by MYSUNSHINECOAST.COM.AU of your content; or
(b) a breach by you of these terms and conditions.
12. These terms and conditions shall be governed by the laws of the state of Queensland. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
13. Nothing in these terms and conditions has any impact on the terms and conditions of use which apply to the relevant MYSUNSHINECOAST.COM.AU sites or other services.
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