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Should I Eat This Website Terms of Use between
Dimensions I.T pty ltd
and
the user of this website ("You" or "Your")
Welcome to Should I Eat This. The Should I Eat This Website Terms of Use set out below (Agreement)
govern Your use of the Should I Eat This Website located at
www.ShouldIEatThis.com.au (Should I Eat This)
and form a binding agreement between Should I Eat This and You in relation to Your use of Should I Eat This.
Please read all of the Agreement carefully before using Should I Eat This. If You have any
questions, please contact Should I Eat This
prior to agreeing. By using Should I Eat This, You acknowledge and agree that You
have had an opportunity to read and understand the Agreement and agree to be bound
by it.
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1. Using Should I Eat This – general requirements
- 1.1 Dimensions I.T pty ltd will make Should I Eat This available to
You on the terms and conditions of this Agreement.
- 1.2 You may use Should I Eat This in accordance with
this Agreement, including the licence granted in clause 3.
- 1.3 Dimensions I.T pty ltd takes the accuracy of its Database
very seriously. If You see any material on Should I Eat This which:
- (a) infringes any law, regulation, standard
or relevant industry code;
- (b) breaches the requirements of this Agreement;
or
- (c) is incorrect,
- please let us know as soon as possible
by contacting us via the Contact Should I Eat This webpage.
- 1.4 Should I Eat This contains content created by
third parties (i.e. not by Dimensions I.T pty ltd), other information obtained from public sources
and links to other websites (such content and websites together,
Third Party Content). Except as otherwise
indicated.
- 1.5 Automated access to Should I Eat This by or on
behalf of internet search engines is permitted.
- 1.6 Subject to clauses 1.5, You must not:
- (a) access Should I Eat This other than through the
normal Should I Eat This web interface;
- (b) access Should I Eat This through any automated
means (including, without limitation, through the use of scripts or webcrawlers);
- (c) use Should I Eat This if You have previously
been barred from using it, any other "Should I Eat This" branded website or any other website
operated by Dimensions I.T pty ltd;
- (d) infringe the intellectual property
rights of others;
- (e) impersonate or falsely state or misrepresent
an affiliation with any person or organisation;
- (f) use Should I Eat This or any information contained
on Should I Eat This in connection with any surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any similar activity;
- (g) violate (or cause Dimensions I.T pty ltd to violate)
any applicable law, regulation, standard or relevant industry code;
- (h) sell, resell, reproduce, duplicate,
trade or exploit for any commercial purpose any portion of, use of, access to or
data on Should I Eat This; or
- (i) supply any service through Should I Eat This
- 1.7 You acknowledge and agree that Dimensions I.T pty ltd
retains complete editorial control over Should I Eat This and that Dimensions I.T pty ltd may, in its sole
discretion and without notice to You:
-
- (a) reject, remove, delete or amend any
material contained on Should I Eat This or in the Database at any time;
- (b) reject, refuse, remove, delete or amend
any Content at any time;
- (c) position Content as it sees fit; and
- (d) stipulate other conditions to ensure
that the commercial nature of Content is clear.
- 1.8 Dimensions I.T pty ltd reserves the right to modify,
discontinue or disable Should I Eat This or any part of Should I Eat This (on a permanent or temporary
basis) at any time.
- 1.9 Dimensions I.T pty ltd may terminate this Agreement,
remove Your Acount and/or refuse You access to Should I Eat This if You have breached,
or we consider that You will breach, this Agreement or for any other reason that
Dimensions I.T pty ltd, in its sole discretion, sees fit.
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2. Privacy
- 2.1 Any personal information collected
by Dimensions I.T pty ltd will be dealt with in accordance with the
Dimensions I.T pty ltd Online Privacy Policy.
- 2.2 You consent (and must procure that
any relevant third party consents) to the use of any personal information collected
in relation to You (including, without limitation, any personal information contained
in Content) in accordance with the Dimensions I.T pty ltd Online Privacy Policy. If You include any
personal information about any person in any Content, You must:
- (a) provide that person with a copy of
the Dimensions I.T pty ltd Online Privacy Policy prior to providing us with that personal information;
and
- (b) where possible, have that person provide
us with that personal information directly.
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7. General
- 7.1 We may provide You with notices by
email, mail or by posting content on Should I Eat This.
- 7.2 You should carefully read and agree
to this Agreement each time You use Should I Eat This. Whilst Dimensions I.T pty ltd hopes not to have to alter
this Agreement, it is possible that changes will be required from time to time.
By using Should I Eat This (including, without limitation, by posting any Content) You agree
that the then current version of this Agreement will apply to that use.
- 7.3 Dimensions I.T pty ltd may assign this Agreement provided
that the relevant assignee undertakes to perform all of Dimensions I.T pty ltd's obligations herein.
Subject to the foregoing, neither party may assign this Agreement in whole or in
part.
- 7.4 The indemnities in this Agreement are:
- (a) continuing obligations of the parties,
separate and independent from their other obligations and survive termination of
this Agreement; and
- (b) absolute and unconditional and unaffected
by anything that might have the effect or prejudicing, releasing, discharging or
affecting in any other way the liability of the party giving the indemnity.
- 7.5 This Agreement is governed by the laws
of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction
of the courts of New South Wales and waive, without limitation, any claim or objection
based on absence of jurisdiction or inconvenient forum.
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8. Definitions
- In this Agreement:
- Dimensions I.T pty ltd (ABN 80 132 719 861) of Sydney NSW,
Australia.
- Content means all content posted by You onto Should I Eat This
including, without limitation, all text, graphics, icons, photographs and URLs.
- Accessible Content means all Content and all similar content
on sites to which URLs contained in Your Content are linked.
- Database means the national database of Business
Listings which is collected by Dimensions I.T pty ltd and made accessible to the public via the online
business directory on Should I Eat This.
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