Terms of Use

User Conduct:

You are responsible for all of your activity in connection with accessing the Website, all our related social media accounts https://www.facebook.com/Morangup/ (including the Morangup Facebook group/s Morangup's Community Group), and/or any other platforms or channels we utilize or provide to you the user. Any fraudulent, abusive, or otherwise illegal activity may result in the termination of your access to these platforms. By using our platforms, you acknowledge that you are bound by the rules and conditions set forth in this Disclaimer, as well as the terms and conditions and rules established by Facebook and any other applicable third-party platforms.

You are not authorized to post or transmit any communication or solicitation designed or intended to obtain personal data from any user of our platforms.

Access and Conduct on Our Platforms:

By accessing our platforms or affiliated platforms and within any relation to our business name/s or our proprietor/s, within any form of media, you agree to abide by the terms and conditions outlined herein. Harassment, bullying, or any form of inappropriate behavior towards our staff, volunteers, or affiliates, whether directly or indirectly related to our business name/s or proprietor/s, will not be tolerated. This includes, but is not limited to, online harassment, offensive language, defamation, or any action that creates a hostile or uncomfortable environment.

We reserve the right to take appropriate legal action if any user engages in harassment or inappropriate behavior towards our team members, whether such behavior is directly or indirectly related to our business name/s or proprietor/s. Such actions may include, but are not limited to, reporting the incident to law enforcement authorities, seeking injunctive relief, and pursuing damages for any harm caused.

By accessing our platforms, you agree to refrain from engaging in any conduct that harasses or intimidates our team members, whether such behavior is directly or indirectly related to our business name/s or proprietor/s. Violation of this policy may result in immediate suspension of access and legal proceedings as deemed necessary.

In accessing our platforms, you are not authorized to:

Disrupt or interfere with the Website, our social media accounts, or any services, system resources, accounts, servers, or networks connected to or accessible through them.
Disrupt or interfere with any other user's enjoyment of our platforms.
Use any robot, spider, other automatic device, or manual process to monitor, copy, or extract any web pages on our platforms or any of the Content, without our prior written permission.
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our platforms.
Reverse engineer, reverse assemble, or otherwise attempt to discover source code or other arithmetical formulae in respect of the software underlying the infrastructure and processes associated with our platforms.
Use our platforms to violate the security of any computer network, engage in any kind of illegal activity, or infringe upon any third-party intellectual property rights.
Attempt to obtain unauthorized access to our platforms or parts thereof that are not opened to public access.
Post or transmit to or via our platforms any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory, or offensive material or publication.

If we provide you with a password that permits you to access certain parts of our platforms, we are entitled to assume, unless there are strong grounds for believing otherwise, that any use of our platforms through such access is authorized by you, whether or not it is actually authorized. You should treat your password as confidential and not disclose it to any person, allow anyone else to use your password, or use your password for any unauthorized purpose.

You must comply with all applicable local, state, national, and international laws and regulations that relate to your use of or activities on our platforms. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Your Consumer Rights:

Nothing in these Terms is intended to exclude, restrict, or modify rights which you may have under any law (including the Australian Consumer Law) that may not be excluded, restricted, or modified by agreement ("Your Consumer Rights"). Your Consumer Rights include the right for services to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organizations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

Limitation of Liability:

Subject to Your Consumer Rights, we (including our related bodies corporate, directors, officers, employees, agents, and contractors) are not liable to you or any other persons for any losses, damages, liabilities, claims, and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever, whether direct or consequential, arising out of or referable to the Content or our platforms (or material accessed via our platforms), or to your access of our platforms, howsoever caused, whether in contract, tort including negligence, statute, or otherwise. To the fullest extent permitted by law, any liability we have to you is limited to resupplying the Content or access to our platforms.

Defamation Rights:

Under Western Australian Defamation Law, applicable Commonwealth/Federal Australian Law, and the Online Safety Act 2021, we reserve the right to withhold and use at our discretion the rights and remedies afforded by these laws and regulations. These rights extend to all social media platforms, electronic mediums, or any other channels where the relevant defamation laws and online safety regulations are in force. We have the authority to pursue legal action, including but not limited to the right to seek damages, costs, and issue takedown notices, for any breach that is detrimental to our business names, places, or individuals within our business due to defamation, online abuse, or harmful content. We can also take legal action under the Online Safety Act 2021 to ensure the swift removal of abhorrent violent material, image-based abuse, or any content that violates the provisions of the Act.

Confidentiality Agreement and Content Display

Unless you have a written confidentiality agreement with us or have marked your documents as 'private and confidential,' we reserve the right to display, for the purposes of validation, any content that is pertinent to our context or content at the time of posting. We may utilize such content in a manner that serves our business needs and objectives.

Intellectual Property Rights

© 2024 | IP NOTICE

All content, materials, designs, and intellectual property associated with Morangup's media or the Morangup Community Yard Sale Trail, including but not limited to logos, promotional materials, website content, and event layouts, are owned or licensed by Morangup ABN 45088591121 acting as an independent Morangup Community Advisory Body, and are protected by Australian and international copyright laws, trademark laws, trade secret laws, and other intellectual property rights. Unauthorized use, reproduction, distribution, or modification of any such materials is strictly prohibited without prior written consent from Morangup. Additionally, certain aspects of the Morangup Community Yard Sale Trail is subject to trade secret protection or design rights, and any unauthorized disclosure or replication of such confidential information or unique designs is prohibited. By participating in or accessing the Morangup Community Yard Sale Trail, users agree to respect and uphold these intellectual property rights and refrain from engaging in any actions that infringe upon them.

Disclaimer: Fictional Content Notice: Whereby Intended

All content produced by Morangup, including its media and associated social media accounts, is strictly fictional and provided solely for entertainment purposes. Any resemblances to real persons, events, locales, or entities are purely coincidental.

The characters, events, and situations depicted in our content are entirely products of imagination and are not based on real individuals or occurrences, unless explicitly stated otherwise. While we endeavor to maintain originality, inadvertent similarities to real-life events may occur, which should not be construed as factual.

Readers are advised to approach our content with a discerning understanding of its fictional nature. Morangup does not endorse, support, or propagate any actions, beliefs, or ideologies portrayed in our fictional works. Any expressed opinions are solely those of the fictional characters and do not represent the views or endorsements of Morangup or its affiliates.

Contact Information:

If you have any questions or concerns about this Disclaimer or need to contact us regarding any personal information we may hold about you, please use the following contact information:

Email: info@morangup.com.au

Address: PO BOX 1750 MIDLAND DC 6936 WA

We reserve the right to modify or change these terms and conditions at any time without prior notice. Your continued use of the website after any modifications constitutes your acceptance of the updated terms and conditions.

Severability:

If any provision of these terms and conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms and conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

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