Terms and Conditions
1. USE OF SITE
2. PROVISION OF INFORMATION
When you provide information to Hobsons through a Site, you agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from Hobsons for any purpose.
3. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
4. INTELLECTUAL PROPERTY RIGHTS
All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, Australian copyright and trademark law, as well as other state, federal, and international laws and regulations. Except as expressly provided herein, Hobsons does not grant any express or implied right(s) to you. Copyright and other proprietary rights in the Site, or portions thereof, may be held by individuals and/or entities other than Hobsons. Removing or altering the copyright notice on any material on the Site is prohibited. Hobsons owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site's content.
Hobsons, the Hobsons logo, and all other trademarks, names, logos, and icons identifying Hobsons or Hobsons’ products and services are proprietary marks of Hobsons. and its subsidiaries and are registered and/or common law trademarks of Hobsons and its subsidiaries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hobsons. In addition, all intellectual property rights in the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, belong to Hobsons and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hobsons. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Hobsons.
The contents of this Site are ©2015 Hobsons®. All rights reserved worldwide.
6. YOUR REGISTRATION INFORMATION
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and accept responsibility for all activities that occur under your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Hobsons, and to keep it accurate, current and complete; and (d) accept all risks of unauthorised access to the Registration Data and any other information you provide to Hobsons.
7. COMPLIANCE WITH APPLICABLE LAWS
Your access to the Site is governed by all applicable federal and state laws. You agree to fully comply with all such laws.
8. CODE OF CONDUCT
You agree not to do any of the following:
Restrict or inhibit any other person from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, another person's account without the person's permission, (b) obtaining or soliciting another person's password or other personal information under false pretences, or (c) impersonating another person or otherwise misrepresenting yourself to Hobsons, our affiliates, the Site's systems, or other entities.
Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation: (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorised to access. Unauthorised access (or attempts) may subject you to civil and/or criminal penalties.
Post, upload to, transmit, distribute, store, create or otherwise publish any knowingly inaccurate or misleading personal or financial information.
Post, upload to, transmit, distribute, store, create or otherwise publish any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Hobsons) information or material.
Post, upload to, transmit, distribute, store, create or otherwise publish any information or material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
Use the Site to post, upload to, transmit, distribute, store, create or otherwise publish any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
Post, upload to, transmit, distribute, store, create or otherwise publish any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining whether any material is protected by copyright, trademark or other proprietary right rests with you. You are solely responsible for determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party's rights. You 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.
Use the Site for any unlawful purpose.
Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
Impersonate any person or entity, or misrepresent any affiliation with another person, entity or association.
Post, upload to, transmit, distribute, store, create or otherwise publish any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).
Misuse any e-mail function available on or through the Site. This includes, without limitation: (a) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk e-mails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
9. USE OF INTERACTIVE AREAS
The Site may contain discussion forums in which you or third parties may post reviews of, make recommendations for or give ratings of content, events, products, services or third-party providers, or post other content, messages, materials or other items on the Site ("Interactive Areas"). If Hobsons provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree to comply with the Code of Conduct set forth in 8 above with respect to your use of the Interactive Areas. You acknowledge and agree that Hobsons may set up any such forum to be accessible by all Site users or by certain Site users elected at the sole discretion of Hobsons (or any designee chosen by Hobsons). Eligibility for access or membership in any given forum (or any continued access and membership) shall be determined by Hobsons (or its designee) in its sole discretion, and you may not be given access to certain forums.
No review, recommendation or rating on this Site or in any Interactive Area shall be deemed to be an endorsement by Hobsons of the particular matter subject of the review, recommendation or, if such matter is a third-party provider, a guarantee of such provider’s quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics.
Hobsons takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Hobsons liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Hobsons is not liable for any statements, representations or content provided by you or other users of the Site in any public forum, personal home page or other Interactive Area. Although Hobsons has no obligation to screen, edit, or monitor any of the content posted to or distributed through any Interactive Area, Hobsons reserves the right, and has absolute discretion, to remove, screen, or edit without notice any content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any material you post or store in these areas at your sole cost and expense.
10. ASSUMPTION OF RISK
Use of the internet and this Site are solely at your own risk and are subject to all applicable state, federal, and international laws and regulations. While Hobsons has endeavoured to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the internet cannot be guaranteed. Accordingly, Hobsons and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, solicitors, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the internet. You assume sole and complete risk for using this Site and must make your own determination as to these matters.
11. LAW ENFORCEMENT
Hobsons reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organisations, including in connection with investigation or prosecution of possible criminal activity on the Site. Hobsons will also comply with all court orders involving requests for such information.
12. LINKS TO OTHER SITES; THIRD PARTY SERVICES
This Site may contain or provide information regarding applications, products and/or services provided or offered by third parties. Hobsons is merely an information provider and is not a referral service, and it does not recommend or endorse any such third-party applications, products and/or services or monitor or have any control over such third-party applications, products and/or services. Therefore, Hobsons makes no guarantee, representation, or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such third-party applications, products and/or services or the results obtained therefrom, and Hobsons assumes no responsibility or liability for any third-party applications, products and/or services or for the actions or failure to act of those providing such third-party applications, products and/or services. You assume full responsibility for your use of any such third-party applications, products and/or services
Hobsons, in its sole discretion, may offer links to other Web sites (“third-party sites”) that may offer various products, services, and/or information. You should be aware that use of these third-party Web sites may be subject to separate terms and conditions, information collection practices, and other provisions. Hobsons cannot ensure that you will be satisfied with any products or services offered and/or purchased from such third-party sites. Links to third-party sites are for your convenience only and Hobsons does not endorse any of the products or services offered in any third-party sites. Further, Hobsons has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party sites. Hobsons expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Before proceeding with any transaction with any third-party site, whether the transaction is online or offline, it shall be your sole responsibility to conduct whatever investigation you deem necessary and appropriate.
13. EVENTS BEYOND HOBSONS’ CONTROL
WHILE HOBSONS ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, HOBSONS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION AVAILABLE ON THE SITE AT ANY TIME, FOR ANY REASON WITHOUT NOTICE.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. HOBSONS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED "AS IS" AND, TO THE FULL EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
YOU EXPRESSLY AGREE THAT ANY RATINGS AND OTHER OPINIONS PROVIDED VIA THE SITE ARE, AND WILL BE CONSTRUED SOLELY AS, STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT OR RECOMMENDATIONS ANY SUCH RATING OR OPINION WILL BE WEIGHED, IF AT ALL, BY YOU SOLELY AS ONE FACTOR IN ANY DECISION MADE BY YOU.
TO THE FULL EXTENT PERMITTED BY LAW, NEITHER HOBSONS NOR ANY OF ITS AFFILIATES NOR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS OF HOBSONS’ OR SUCH AFFILIATES WILL IN ANY EVENT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF BUSINESS, INTEREST, GOODWILL, REVENUE, OR PROFIT, OR ANY LOSS OR CORRUPTION OF DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, ANY INFORMATION AVAILABLE ON THE SITE, OR OTHERWISE ARISING OUT OF THE UTILISATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF HOBSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THIS EXCLUSION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HOBSONS AND YOU. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION.
17. RIGHT TO BLOCK CONTENT
18. GOVERNING LAW
22. TERMINATION AND MODIFICATION
Hobsons reserves the right in its sole discretion to terminate, block or restrict your use of this Site or any portion thereof, for any or no reason, and without notice, obligation or liability to you or any other person. In addition, Hobsons reserves the right in its sole discretion to terminate or modify any Site feature or offering, without notice, for any or no reason, and without notice, obligation or liability to you or any other person.
You may not, nor may you allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any content. You may not, nor may you allow others to, directly or indirectly, collect or attempt to collect any information about others.
24. ENTIRE AGREEMENT/RESERVATION OF RIGHTS