Terms & Conditions

Terms of Use

“Content” means the information, photographs, graphics, and other material on the Web Site.
“Installation” means all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide the Services.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Web Site, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
“Services” means all or any service provided by us through the Web Site.
“Web Site” means our web sites, and includes all web pages controlled by us.
“User” means any person other than you who uses the Services or visits the Web Site for any purpose.
“we”, “us”, etc Where the context permits it also includes any business company or individual who shares an interest in the sale of any goods and/or service promoted on the Web Site. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.
“you” “yours” etc, means you, the party to this agreement.
2 Our contract

 

  These terms and conditions regulate the relationship between you and us. By joining our web site or using our web site free of charge, you agree to be bound by them. If you do not agree to any of these Terms and Conditions, please do not use our web site or service and leave immediately.
3 Changes to terms

 

  We may change these terms from time to time. The terms that apply to you are those posted here on our web site on the day you join our web site. It may be useful to print a copy now.
4 Conditions & Eligibility of Membership

 

  The conditions of membership here are the primary, but are not the only conditions of membership for our Service. We reserve the right to terminate your membership if you breach or fail to comply with any of the following conditions of membership:
  4.1 You must be a permanent resident of Australia currently living within one of its states or territories to be eligible to join the Service
  4.2 To be eligible to join the Service, you must 18 years of age or older
  4.3 You may only have and use one membership account
  4.4 You must not use the Service to send spam
  4.5 A maximum of 1 membership per household applies.
5 Price and Payment

 

  The Freestuff.com.au membership is free of charge, we do not ask for any monetary payment for you to join and/or use our service.
6 Acceptable use Policy

 

  You agree to comply with these provisions:
  6.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:
    6.1.1 copyright works;
    6.1.2 commercial audio, video or music files;
    6.1.3 any material which violates the law of any established jurisdiction;
    6.1.4 unlicensed software;
    6.1.5 software, which assists in or promotes: emulators, freaking, hacking, password cracking, IP spoofing;
    6.1.6 links to any of the material specified in this paragraph;
    6.1.7 pornographic material;
    6.1.8 any material promoting discrimination or animosity to any person on grounds of gender, race or colour.
  6.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
    6.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
    6.2.2 The sending of junk mail;
    6.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
    6.2.4 Excessive and repeated posting off-topic messages to newsgroups;
    6.2.5 Excessive and repeated cross-posting;
    6.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
    6.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.
  6.3 You will not use the Services in a manner, which violates any city, local, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system.
  6.4 You will immediately notify us, of any security breach or unauthorised use of your account. You will not interfere in any way with another User(s) use of the Services. You will not resell, rent, lease, grant a security interest in, or make commercial use of the Services without our express written consent.
  6.5 You agree not to assign, transfer, or authorise any other person to use, your membership. If you try to do so, we have the right to terminate your membership.
7 Information you give us

 

  You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
8 System Security

 

  You agree to comply with these provisions:
  8.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
  8.2 You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Web Site, or any software used on the Web Site, and that you will not permit any other person to do so.
  8.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
  8.4 Examples of violations are:
    8.4.1 accessing data unlawfully or without consent;
    8.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
    8.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
    8.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
    8.4.5 taking any action in order to obtain services to which you are not entitled.
9 Content and Intellectual Property Rights

 

  9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.
  9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
  9.3 You may post into the Services any Content owned by you. You accept all risk and responsibility for determining whether any Content is in the public domain. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Service. You represent and warrant that you are authorized to grant all such rights.
  9.4 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
  9.5 You represent that any user name selected by you, when used alone or combined with a second or third level name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose. You acknowledge and agree that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name, and you will indemnify us for any claim or demand that arises out of your selection. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular name as part of a name. If as a result of such action, you lose you user name, your sole remedy shall be the receipt of a replacement.
  9.6 We do not claim to or imply to be directly affiliated with the company(s), retailer(s), brand(s), or manufacturer(s) of the products listed on this web site, and in no way claim to represent or own their logos, trademarks, products or marketing materials. None of the companies that distribute, manufacture, produce, or promote the products listed on this site, neither own, endorse, or promote www.freestuff.com.au.
  9.7 The information from or through this web site is provided “As Is” “As Available,” and all warranties, express or implied, are disclaimed (Including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information may contain errors, problems or other limitations. We are not liable for any indirect, special, incidental, or consequential damages (Including damages for loss of business, loss of profits, litigation, or the like). Whether based on breach of contract, breach of warranty, tort (Including negligence), product liability or otherwise, ever if advised of the possibility of such damage. No representations, warranties or guaranties whatsoever are made as to the accuracy, adequacy, reliability, currentness, completeness, suitability or applicability of the information on this website.
  9.8 Advertisers on our web site are solely responsible for the content of their own listings. We are not recommending or endorsing any products or services by allowing them to be offered on or available for download on our web site.
10 Points & Point Redemptions

 

  10.1 As our Service is only open for membership to residents of Australia, we will not send any reward vouchers to any address outside of the country of Australia.
  10.2 There is no guarantee of earning potential, and you acknowledge that we do not make or imply any guarantee or representation as to the number of points you can earn as a member of the Service.
  10.3 We reserve the right to reverse any points transaction by deducting points from your account at any time where we have evidence or any reason to believe they were obtained by deceptive, dishonest or fraudulent actions.
  10.4 Points are not transferable between members or accounts under any circumstances.
  10.5 If your account is canceled by us for any reason or you choose to cancel your own membership to this Service, all of your points are immediately and irreversibly forfeited. Any outstanding and pending redemption requests are immediately cancelled.
  10.6 We reserve the right to reverse or adjust any point transaction without notice were we believe they have been credited due to computer software bug or human error.
  10.7 Requests to redeem points may take up to 6 weeks to be filled, and depending on your location may take up to 8 weeks to arrive to your nominated address.
  10.8 We are not liable for any incorrect delivery address information you have provided us with at the time you request redemption.
  10.9 We reserve the right to refuse any redemption request where be we believe there may have been fraudulent, dishonest or deceptive actions involved in accumulating the required amount of points to reach required redemption level.
11 Earning Points

 

  As a member of the Service you may accumulate points for performing designated tasks on our website, once your points balance has reached a designated threshold level set by us, you may request to redeem those points for prizes or gift vouchers. Currently points can be earned for the completing the following tasks;
  11.1 We will credit your account with 5 points one time each calendar day that you log in to your account with us. We are not liable to credit your account under any conditions due to our Service being unavailable for you to log in.
  11.2 We will credit your points account with 50 points for each member you refer to our Service provided that all conditions within clause 12 are met.
  11.3 We will credit your points account 10 points for each new unique listing that you submit via Add New Listing subjected to the following conditions being met;
    11.3.1 the listing must be unique, no duplicated listings will be credited
    11.3.2 your description of the new listing must contain a minimum of 80 characters
    11.3.3 we reserve that right to disapprove any listing that we deemed unfit or unsuitable for our website without reason.
  11.4 We will credit your points account with 20 points for each new review you submit to one of the listings on our website subjected to the following conditions being met (Maximum of 5 reviews per day allowed);
    11.4.1 the review must be relevant to the listing being reviewed
    11.4.2 review must be written based on your actual experience with the website or company, they must not be based on hearsay or conjecture
    11.4.3 the review must contain a minimum of 150 characters
    11.4.4 we reserve that right to disapprove any review that we deemed unfit or unsuitable for our website without reason.
  For some aspects of the Service, points may not be credited to your account immediately. These points will be marked as Pending until an authorized administrator approves the transaction. You can expect that in some circumstances, it can take up to 3 months or more before points that you have earned are changed from the Pending status to approved, and credited to your account.
12 Referring New Members (Invite Friends)

 

  12.1 We will credit your account with 50 points if you refer a new member to join the Service, however you will only credited with these points if;
    12.1.1 the referred person is not already a member of the Service; and
    12.1.2 the referred person is 18 years of age or over and a permanent resident of Australia being eligible to join and use the Service; and
    12.1.3 the referred person enters your Referral Code in the correct field on the membership registration form when they join, or they follow and join without closing their browser window through your designated referral link which automatically includes your Referral Code in the correct field on the membership registration form; and
    12.1.4 the referred member loges in to their account at least one time after confirming their email address.
  12.2 We reserve the right to remove any points credited to your account in relation to any of your referred members if the referred members account is cancelled by us or by the referred member within one month from the date the referred member joined;
  12.3 When referring new members you must not make any misleading statements about the Service, or misrepresent to the person you refer, the amount of rewards or benefits they may earn from their membership to our Service.
  12.4 You must not place, display or post your referral link and any banner or image that promotes our Service on any website that contains fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent information or material.
  12.5 You must not send unsolicited messages or spam to promote the Service.
13 Advertising

 

  We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. By your continuing use of our website you agree to collection and use of such information by us and third-party advertisers. If you would like more information about this practice and would like to know your options in relation to not having this information used by these companies, Click Here.
14 Non-Commitment

 

  We do not have any commitment toward any Members, past or present. We may at anytime, for any reason, and with or without notice, discontinue the Service for one or all of its Members. After said discontinuation, we remain without commitment to any Members, past or present, of the Service.
15 Indemnity

 

  You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.
16 Interruption to the Service

 

  16.1 If it is necessary for us to interrupt the Services then we may do so without telling you first.
  16.2 You acknowledge that the Services may also be interrupted for reasons beyond our control.
  16.3 You agree that we are not liable to you for any loss, including loss of points whether foreseeable or not, arising as a result of interruption to the Services.
17 Our liability

 

  17.1 Your use of the Services is without any warranty or guarantee.
  17.2 Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.
  17.3 We or our content suppliers may make improvements or changes to the Web Site, the content, or to any of the products and services described on the Web Site, at any time and without notice to you.
  17.4 You are advised that content may include technical inaccuracies or typographical errors.
  17.5 We give no warranty and make no representation, express or implied, as to:
    17.5.1 the truth of any information given on the Web Site by any Associate or third party;
    17.5.2 any implied warranty or condition as to merchantability or fitness for a particular purpose;
    17.5.3 compliance with any law;
    17.5.4 non-infringement of any right.
  17.6 Much of the material provided on the Web Site is Posted (and thereby published) by Users. We are under no obligation to monitor, vet, check or approve any such material. We disclaim all responsibility for information published on the Web Site by any person.
  17.7 The Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site. We are not party to any transactions that may arise from your use of other internet web sites we may link to, and will not become involved in resolving disputes regarding these transactions.
  17.8 In no event shall we or our content suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Web Site or the content available from this Web Site.
  17.9 These disclaimers form an essential part of this agreement. Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
18 Storage of Data

 

  18.1 We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages.
  18.2 We may, from time to time and without notice, set limit(s) on the number of messages a User may send, store, or receive through the service, and we retains the right to delete any messages above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any such limit(s).
19 Modification

 

  We reserve the right to modify the Services and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Services after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement.
20 Termination

 

  20.1 You may terminate this Agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notices to us by post or email, or by completing the form on the Web Site and submitting it. We reserve the right to check the validity of any request to terminate membership
  20.2 We reserve the right to cancel your membership and terminate your use of the Service at any time, without cause or reason, and without notice.
  20.3 We may terminate this Agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
  20.4 If we terminate, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.
  20.5 Termination by either party shall have the following effects:
    20.5.1 your right to use the Services immediately ceases;
    20.5.2 we are under no obligation to forward any unread or unsent messages to you or any third party;
    20.5.3 the termination is final and your membership cannot be re-activated under any circumstances;
    20.5.4 all points earned during your time as a member will be lost permanently, you will forfeit all of your reward points, and outstanding redemption rewards;
    20.5.5 all reviews, listings, Images, forum posts and any other information or content you have submitted to this web site will remain the property of us;
  20.6 We retains the right, at our sole discretion, to terminate any and all parts of the Services provided to you, if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
21 Severability

 

  If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
22 Action Limit

 

  You and we agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
23 No duty to monitor

 

  We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility through our AUP or otherwise to monitor or police Internet-related activities.
24 Force majeure

 

  24.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities and strikes of its own employees.
  24.2 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
  24.3 If a default due to force majeure shall continue for more than 4 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
25 No Waiver

 

  No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
26 Relationship of parties

 

  Nothing in this agreement shall create a partnership, joint venture or agency or the relationship of employer and employee between us.
27 Dispute Resolution

 

  In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
28 Jurisdiction

 

  These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland and of the Commonwealth of Australia. You submit to the jurisdiction of the courts of Queensland and the Commonwealth of Australia.