Terms and conditions of use
1.1 These terms and conditions shall govern your use of our website: www.pomsinoz.com
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 13 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
2. Copyright notice
2.1 Copyright (c) 2018 Australia Migration Forums.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. RSS feed
4.1 You may access our RSS feed using an RSS reader or aggregator.
4.2 By accessing our RSS feed, you accept these terms and conditions.
4.3 Subject to your acceptance of these terms and conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any [non-commercial] website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it in accordance with this Section 4.3.
4.4 It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).
4.5 We may revoke any licence set out in this Section 4 at any time, with or without notice or explanation.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
6. Registration and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.2 You must not allow any other person to use your account to access the website.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
7. User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may ask for our account to be closed and data anonymized at any time.
9. Social networking
9.1 Registered users will have access to such additional features on our website as we may from time to time determine, which may include:
(a) facilities to complete a detailed personal profile on the website, to publish that profile on the website, and to restrict the publication of that profile to particular groups or individuals registered on the website;
(b) facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;
(c) the facility to send private messages via the website to particular groups or individuals registered on the website; and
(d) the facility to post and publish text and media on the website.
9.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 15.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
9.3 You agree to the publication of posts relating to you, by others, on our website; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 15.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.
10. Personal profiles for Business Members
10.1 All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.
10.2 You must keep your personal profile on our website up to date.
10.3 Personal profile information must also comply with the provisions of Section 5 and Section 12.
11. Your content: licence
11.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
11.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future.
11.3 You grant to us the right to sub-license the rights licensed under Section 11.2.
11.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.
11.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
11.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
11.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
12. Your content: rules
- If you believe that someone has violated our User Guidelines or you have spotted content that may otherwise require attention, please click the 'Report Post' option above the post where the violation is located. If the thread has numerous violations in it, you need not report each post; simply report one post and note that you spotted other violations in the thread, as well, in your report before you submit. Include a brief description of what you believe is wrong. After you send your report, forget that the post(s) exists. Do not post "I have reported your post" - do not further reference the post in the thread in any way. If you feel that the report post feature is not appropriate for reporting a certain type of violation, please feel free to send a private message to a staff member.
- PomsInoz is not the appropriate medium for personal or private vendettas. This forum should not be used to attempt to resolve personal problems or to 'name & shame' fellow members, migration agents, service providers or anyone else and posts that fall into this category may be deleted by moderators where it is considered necessary. Please email the company directly to attempt to resolve these issues in the first instance.
- Out of respect for the Original Poster, please try to keep postings on-topic, do not steer the thread in another direction without good reason. If required please start a new topic within a relevant forum. If posters do not adhere to these guidelines then they may find that their post is edited or deleted. For any deliberate or continued breech of the rules, moderators may issue infractions or warnings.
- Please use the most descriptive title possible when creating a new thread, ensuring you search the forums first to ensure posts are not duplicated. Duplicate posts / threads may be deleted or merged.
- Be respectful to your fellow members, moderators and administrators, this is a friendly and great environment; we wish to keep it that way so please treat others as you would like to be treated and please respect other members rights to express an opinion which may differ to your own.
- Moderators or Admin may, if felt appropriate, move your post to another part of the forum. This may be due do the relevance of a topic to the sub-forum it's been posted in, if a topic is likely to be highly contentious etc.
- Please remember that moderators are volunteer helpers that are here to ensure the forum runs smoothly. Please respect this if they have to contact you/edit/remove or add additional comments to your threads or posts.
- Should you have any issues with a moderator, then you should,in the first instance,attempt to resolve the issue via off-forum correspondence (email/PM) with the moderator concerned, however, please do this in a polite manner and note that personally abusing moderators will not be tolerated in these circumstances, alternatively you may prefer to resolve the matter by contacting the site administrator visa the 'Contact us' option at the bottom of the page.
- Discussions about moderator or administrator actions are welcome in email or local private messages, but must not be placed in the public forums or on the visitor message board, any such threads will be removed by admin/mods and infractions may be issued. Abusing moderators will NOT be tolerated under any circumstances.
- Please keep your language clean and decent. This include personal inflammatory language as well as obscenities.
- You agree not to hold PomsInoz.com or its members liable for anything stated within the forums and that messages posted at this site are the sole opinion and responsibility of the poster.
- Postings that are deliberately designed with the intention of driving traffic to a member's site, affiliated sites or other social networking sites/forums will be removed or edited, as the moderator(s) feels appropriate. Before posting these type of links please contact the administrator if in doubt.
- Trolling will not be tolerated. (For the purposes of this forum, a 'troll' is defined as someone who posts inflammatory, extraneous, or off-topic messages on the forum, or chat room, with the primary intent of provoking other users into an emotional response or of otherwise disrupting normal on-topic discussion.
- Members found to be accessing the forum via an anonymizing proxy without prior authorisation from the administrator, will have their account suspended sine die.
- Members are only permitted one account. Any member who deliberately sets up a secondary false account to troll will be banned. If you have forgotton your username and wish to create a new account, or you require a secondary account for another family member, please contact admin in the first instance.
- Members are not to post obscene, vulgar, racist, sexist, offensive or illegal posts, links, or images. Any Posts / visitor messages / Private messages / avatars / Photos containing such content will be removed and could lead to a warning or a ban if necessary.
- Abuse of the Private Message system will not be tolerated under any circumstances. This includes sending unsolicited commercial mail via the PM system and sending abusive messages via the PM system. It is also strictly forbidden to reproduce/publicise contents of Private Messages on the open forum without the explicit permission of the sender.
- Banned members: When a ban expires, members may be placed in a probationary usergroup for a period of 3 months. *The probationary usergroup does not have full access to all site functionality* After the 3 months has expired, the member, at the administrators discretion, will be returned to the regular member usergroup.
- Advertising of private "lease breaks" is allowed. These are to be placed in the Rental & Real Estate section. (We may require proof/confirmation from the agent that the advertised property is a 'lease break')
- As this is an English speaking community, we require that posted content be in the English language, so that it can be well received and properly monitored
- We know that people will have to leave our community (of their own free will or otherwise) from time to time and to that end, we do not delete accounts, posts or other content posted on our community. All content is granted to us with perpetual electronic publishing rights because any content posted on this community becomes a part of the community, even if you no longer are. You may request an item to be removed at any time, but we will decide when and if to remove content from our community. If you wish to no longer be identified with our community, we will be glad to close your account and alter your profile information to remove all identifying characteristics. After account closure, you will no longer be able to participate in this community and this action is not reversible. Once you have notified us that you wish to close your account, your account will be closed following 14 continuous days on inactivity. N.B: Logging in to your account again during the 14 day period will undo a pending deletion request.
- Leaving announcements are permitted at the discretion of the forum administrators on the proviso that the poster is an 'established' member of the PIO community (based on length of membership / posts made). Leaving threads must not violate our user guidelines. No negative or disrespectful remarks about other members, the staff or administrative decisions are permitted. Plain, respectful, farewell messages are the order of the day. Leaving threads will remain open for 48 hours to ensure members have ample time to leave goodbye messages. N.B: If members choose to return, 'second' leaving threads will not be permitted.
13. Report abuse
13.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
13.2 You can let us know about any such material or activity by email or using the ‘Report Post’ option that appears above each post on the website.
14. Limited warranties
14.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
14.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
14.3 To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
15. Limitations and exclusions of liability
15.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
15.2 The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
(a) are subject to Section 15.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
15.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
15.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
15.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
15.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
16.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
17. Breaches of these terms and conditions
17.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
17.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18. Third party websites
18.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
18.2 We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
19. Trade marks
19.1 Australia Migration Forums, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
19.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
20.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.
20.2 Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).
21.1 We may revise these terms and conditions from time to time.
21.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
21.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
22.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
22.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
23.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
23.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
24. Third party rights
24.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
24.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
25. Entire agreement
25.1 Subject to Section 15.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
26. Law and jurisdiction
26.1 These terms and conditions shall be governed by and construed in accordance with Queensland Law.
26.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Queensland.
27. Statutory and regulatory disclosures
27.1 We are registered in the Australian Business Register; you can find the online version of the register at https://abr.business.gov.au/URL, and our registration number is 60 350 673 448.
27.2 Our GST number is 60 350 673 448.
28. Our details
28.1 This website is owned and operated by:
K Williams & R Williams t/a Australia Migration Forums.
28.2 We are registered in Australia under registration number 60 350 673 448, and our registered office is at PO Box 121, Gatton, QLD, 4343.
28.3 Our principal place of business is at PO Box 121, Gatton, QLD, 4343.
28.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email at email@example.com.