Terms and conditions of engaging with The Fold Southern Highlands online community.
1.1. You may only use the Websites, Applications, Enewsletters and Social Accounts for your personal and non-commercial use.
1.3. Access to the Website is restricted to those 18 years of age and older. Visitors to the Website under the age of 18 must seek the consent of their parent / legal guardian prior to using the Websites. The creation of an account / account registration on the Websites is strictly prohibited by those over the age of 18 years. No person under the age of 18 may provide any information including but not limited to their name, address and contact details. In the instance where we learn that personal information has been collected by a person under the age of 18; The Fold Media will delete their information.
2.2. The Applications are available for your personal use only.
2.3. You acknowledge that you have no rights in, or to, the Applications or technology used or support by the Applications, other than the right to use the Applications in accordance with the terms of this Agreement.
2.4. The Applications are currently available to mobile devices running the Apple iOS or Android OS. To access the Applications you must have a mobile device with paid access to a mobile phone provider. The Applications are free to download however your provider’s rates and fees will apply for accessing and downloading information within the Applications.
2.5.1. not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Applications in any way whatsoever;
2.5.2. not use the Applications in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Applications;
2.5.3. not use the Applications in any way that could damage, disable, overburden, impair or compromise the Applications; and;
2.5.4. comply with any applicable law and regulation relating to downloading or technology used or supported by the Applications.
2.6. As part of installation of the Applications on your mobile device, the Applications will ask if you would like it to send you “Push Notifications”, which may include alerts, badges, banners and sounds, on your mobile device. If you choose to allow “Push Notifications” then the Applications will generate notifications on your mobile device, and you acknowledge and consent to receipt of these notifications.
2.7. You may choose to stop receiving notifications at any time by updating the relevant option within the settings or by deleting the Application/s from your mobile device.
2.8. You agree to receiving communications via email (“Email Notifications”). You acknowledge and agree that receipt of email notifications is dependent on the operation of your mobile device provider and the service of the mobile device provider. We will not be responsible or liable for any costs or damages incurred by you not receiving email notifications or by the insufficient operation of your mobile device, mobile network, and mobile phone company.
2.9. You may opt out of receiving email notifications at any time by clicking the ‘Unsubscribe’ link that appears at the bottom of emails from The Fold Media.
3.1. To access certain areas of the Website, Application/s and Social Accounts or to claim or create your Business Listing you are required to create an account to become a registered user (“User”). You must be at least 18 years of age and provide your details as per the instructions on the Website, Application/s and Social Accounts. If you are creating or claiming a business listing, you must be the business owner or an authorised employee or agent of the business owner with the business owner’s content to claim the listing.
3.2. Only businesses registered in a suburb of The Southern Highlands are permitted to create an account and/or Business Listing.
3.3. You must never access another user’s account without obtaining prior permission.
3.4. You are responsible for the activity within your account. It is the User’s responsibility to memorise their log in details or store them in a safe and secure place.
3.5. Do not disclose your password to anyone. Notify The Fold Media immediately if you suspect or are aware of any unauthorised use of your account by emailing [email protected]
3.6. The information you use to create your account must be complete and accurate at the time of creation. Notify The Fold Media of any changes to your details if you are unable to update them in your account or Business Listing.
4.1. You agree to use information from The Fold Southern Highlands and The Fold Live and/or The Fold Illawarra responsibly. We reserve the right to deny you access to, or use of, all or part of the Websites, Applications and Social Accounts, without prior notice, if you engage in any conduct that The Fold Media believes, in its sole discretion:
4.1.2. violates the rights of The Fold Media or third parties; or
4.1.3. is deemed inappropriate or defamatory.
4.2. You agree not to:
4.2.1. use the Websites, Applications and Social Accounts for any illegal purpose;
4.2.2. upload or transmit in any way:
184.108.40.206. any unsolicited or unauthorised advertising, promotional materials or any other form of solicitation;
220.127.116.11. knowingly transmit any virus, trojan horses, worms or any other disabling feature to the Websites, Applications and Social Accounts;
18.104.22.168. any material which you know or ought to know cannot be legally distributed;
22.214.171.124. any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
126.96.36.199. use another’s name, username or password without permission, or collect or store personal data about other users;
188.8.131.52. impersonate or otherwise misrepresent your identity, age or affiliation with any other person or entity;
184.108.40.206. use the Websites, Applications and Social Accounts in a manner that may cause the Website, Applications and Social Accounts to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Websites, Applications and Social Accounts is in any way impaired;
220.127.116.11. use the Websites, Applications and Social Accounts in a manner that violates or infringes the rights of any person, firm or company. Including, but not limited to, intellectual property rights, rights of confidentiality or rights of privacy;
18.104.22.168. copy or distribute any part of the Websites, Applications and Social Accounts in any medium without our prior written consent
5.1. “User Content” is the sole responsibility of the person or entity which contributed the Content to the Websites, Applications and Social Accounts by uploading or otherwise posting, inserting or providing it.
5.3. You agree that you will not upload or otherwise provide any User Content that is:
5.3.1. defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading;
5.3.2. infringes anyone else’s rights, including intellectual property rights;
5.3.3. impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services The Fold Media considers to be inappropriate;
5.3.4. contains spam, chain letters, pyramid and other such selling and marketing schemes;
5.3.5. creates information to disguise the origin of any content; or
5.3.6. encourages or incites any other person to engage in any of the above behaviour.
5.3.7. You grant to The Fold Media a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the copyright you have in any User Content, in all media now known or not currently known. By submitting User Content, you also consent to any dealings with your User Content that may otherwise infringe your moral rights. The Fold Media may copy any User Content, cause it to be seen and/or heard in public, and communicate it to the public.
5.3.8. You can edit any User Content you submit via the Websites, Applications and Social Accounts. If you wish to delete some or all of your User Content, the request to do so can be sent by email to [email protected]
5.3.9. You understand and agree that by using the Websites, Applications and Social Accounts you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Websites, Applications and Social Accounts, including obtaining and using any information, products and services, at your own risk.
5.3.10. Under no circumstances will The Fold Media be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content; editing, restricting or removing your Content; or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Websites, Applications, Enewsletters and Social Accounts.
5.3.11. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content either in whole or in part, unless you have been specifically told that you may do so by us or by the owners of that Content, in a separate agreement.
6.1. Users have the ability to interact on the Websites, Applications and Social Accounts with The Fold Media generated Content and User Content, including but not limited to business profiles and reviews, images, photographs, videos, eNewsletters, blog posts, editorial content, event listings and links to social media networks.
6.2. The Fold Media encourages constructive conversation and will not tolerate abusive or offensive interactions, trolling, or personal attacks on our Websites, Applications and Social Accounts. If we deem any User Content to be in breach your obligations under clause 4.3 or is not in keeping with the spirit of these Terms and Conditions of Use or any Community Guidelines, we may remove it.
6.3. If you see any content or any user interactions on the Websites, Applications or Social Media platforms that you would like to bring to our attention, refer to the Complaints Handling Policy for details.
7.1. The Websites, Applications, eNewsletters and Social Accounts may contain links to third-party websites, applications or social accounts. The inclusion of such links does not imply The Fold Media endorses the websites, applications or social accounts.
7.4. You must not establish links on any other website to the Websites or any other part or parts of the Websites without the prior written consent of The Fold Media.
7.5. The Websites, Applications, eNewsletters and Social Media Accounts may contain advertisements for third-parties’ goods and/or services. The third-party advertisers are responsible for the accuracy of all representations made in those advertisements. The Fold Media is not responsible for errors or omissions in third-party content. The Fold Media does not offer the goods or services for sale or make any other representation whatsoever. If you choose to order a product or service advertised by a third-party on The Fold Media digital channels, you do so at your own risk.
7.6. All prices displayed, and products and services offered by The Fold Media in relation to marketing and promotion can be changed without notice. The Fold Media accepts no responsibility for changes in pricing or service offerings from third-party’s User Content.
7.7. You acknowledge and accept that The Fold Media may have a relationship with a third-party represented on the Websites, Applications, eNewsletters or Social Accounts, and may receive fees and/or commissions for goods and services that are displayed or made available through The Fold Media.
8.1. Users will have the opportunity to acquire goods and services, including but not limited to business and event listings, and enter into commercial transactions ("e-commerce transactions"). E-commerce transactions are available both from The Fold Media and from The Fold Media's commercial partners ("Transactional Partners"). When you enter into e-commerce transactions with Transactional Partners you will be required to enter into separate terms and conditions in respect of such transaction in accordance with the Transactional Partners’ own terms and conditions.
9.1. The Fold Media may amend any part of these Terms and Conditions at any time without notice. Users should check these Terms and Conditions periodically for updates. Your continued use of the Websites, Applications, eNewsletters and/or Social Accounts or any product or service obtained through them after any such change to these Terms and Conditions constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as amended.
10.1. Neither The Fold Media nor any of its officers, employees, agents or related bodies corporate shall be liable to you or anyone else for:
10.1.1. any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, viruses, or for the destruction of, or damage or unauthorised access to, your computer system or network;
10.1.2. any defamatory, infringing, offensive or illegal conduct or material found in connection with The Fold Media, including such conduct or material transmitted by any means by any other person; or
10.1.3. any loss, damage or cost, including, without limitation, any direct, indirect, economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with:
10.1.3.1. the use of the Websites, Applications, eNewsletters or Social Accounts;
10.1.3.2. the use of information provided by you by The Fold Media;
10.1.3.3. you or anyone else being unable to access the Websites, Applications, eNewsletters or Social Accounts; or
10.1.3.4. the use of your Website password by you or any third party to whom you have made the password available.
10.2. The Fold Media expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation.
10.3. The Fold Media reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
11.1. These Terms and Conditions will continue to apply until terminated by either you or The Fold Media as per the below;
11.1.1. If you have a registered account via the Website and App and want to terminate your relationship with The Fold Media, you may do so by notifying The Fold Media in writing. User Content you have on the Website, our App or Social Accounts will not be removed automatically on termination or deactivation of your user account.
11.1.2. The Fold Media may, at any time, terminate its legal agreement with you if you have breached any provision of these Terms and Conditions or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms and Conditions; or
11.1.3. The Fold Media is required to do so by law (for example, where the provision of products and services to you through the Website or App is, or becomes, unlawful).
11.1.4. If you breach any provision of these Terms and Conditions, The Fold Media may immediately issue a warning, temporarily suspend, or permanently prevent your access to all or certain parts of the Websites.
12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia.
12.2. The Fold Media has designed the Websites, Applications, eNewlsetters and Social Accounts for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using these outside the Commonwealth of Australia.
12.3. This agreement, together with other documents referred to in it, constitutes the entire agreement between you and us relating to the Website, App, eNewlsetters and Social Accounts.
12.4. The invalidity or unenforceability of any provision of this agreement shall not affect the rest of the provisions in this agreement, which will continue in full force and effect.