Legal disclaimer

OzTAM Legal Disclaimer

The OzTAM Web Site (www.oztam.com.au) ("the Web Site") is owned and operated by OzTAM Pty Limited ACN 089 146 396 ("OzTAM ").

1. Terms
   Your access to the Web Site is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this disclaimer notice and anywhere else in the Web Site ("the Terms"). Your access to the Web Site constitutes your agreement to the Terms. OzTAM reserves the right to change the Terms at any time, and you should check them from time to time for that reason. Your continued use and/or access to the Web Site constitutes an agreement by you that you accept and agree any amendments to the Terms.
2. Copyright
   All information, data, reports, text, images, graphics, video, audio, software, code, advertisements and other material (“Material”) contained in the Web Site is and at all times remains the property of OzTAM . The Materials are protected by international and Australian copyright and trademark law, and all rights are reserved. All Material is presented for your information and entertainment only, and you are not permitted to download any Material except when reasonably necessary to access the Web Site. When you access the Web Site, you agree that you do so on the following conditions:
   1. You may retrieve, review or download the Material for your personal information and entertainment only.
   2. You may save a local copy of or print Material from it for your own personal information or entertainment, and to inform others about it, but you may not charge any fee for any use. All commercial exploitation of any Material on the Web Site is expressly prohibited.
   3. Any copyright notice or mark appearing on any Material on the Web Site must be included on any copy you make.
   4. You must keep all Material intact and in the same form as presented on the Web Site; you may not modify it without the express permission of OzTAM.
   5. You must not use the Web Site or any of the Material contained in it for any purpose which is unlawful, prohibited under these Terms, or which violates any right of OzTAM or any other owner of any rights in the Material contained in the Web Site.
   The Material and the Web Site may not otherwise be used, copied, reproduced, published, framed, stored in a retrieval system, altered, licensed or transmitted in any form or by any means, in whole or part, unless expressly provided for in the Web Site or expressly authorised in writing by OzTAM.
3. Trademarks & Logos
   
   The OzTAM logo is a registered trademark of OzTAM Pty Limited and may not be used without the prior specific and written permission of OzTAM. No other trademark appearing in the Web Site may be used without the prior specific and written permission of the trademark owner.
4. Hyperlinks
   The Web Site may contain hyperlinks to Internet web sites which are owned, operated or controlled by third parties. OzTAM is not responsible for the contents of any linked web site or any hyperlink contained in the linked web site. The inclusion of any link is for convenience only and does not imply any endorsement of the linked web site by OzTAM. Any link within the OzTAM Web Site, which takes you to a third-party web site should only be clicked on entirely at your own risk. OzTAM does not endorse or in any way adopt representations made by advertisers on the OzTAM Web Site or any linked web site, nor are any offers made by such advertisers or web site operators also made by OzTAM . To the extent permitted by law, OzTAM accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
5. Governing Law
   This agreement between you and OzTAM will be governed by the Laws of New South Wales, Australia. If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, it shall be severed and will not affect the remainder of the Terms, which will continue in full force and effect. All rights not expressly granted are reserved.
6. Privacy Policy
   Personally identifiable information may be gathered from contest registration, content submissions, community postings, suggestions, voting activities and transactional areas. That information will not be sold or otherwise transferred to third parties not affiliated with OzTAM without the approval of the user being obtained. By providing information in such a manner you agree that it may be used for the purposes for which it is sought (for example, for the delivery of email services).
   
   OzTAM reserves the right to perform statistical analysis of user activity and characteristics in order to measure interest in and use of the various areas in the Web Site and to inform others of such information, as well as the number of users that have been exposed to or clicked on any particular areas in the Web Site.
   
   You acknowledge that non-personal information and data may be automatically collected through the standard operation of OzTAM's Internet servers or through the use of cookies. If you do not want information collected through the use of cookies, you should use your browser's cookie disabling feature. You should note, however, that if cookies are disabled certain features may not be available. The use of cookies on the Web Site enables us to deliver and maintain customised options when you make return visits to the Web Site.
   
   OzTAM reserves the right to change its privacy policy at any time, and you should check this policy from time to time for that reason. This policy is not intended to and does not create any contractual or other legal right in or on behalf of any party.
7. Disclaimer and Liability
   There are various non-excludable consumer guarantees under the Competition and Consumer Act 2010 (Cth) that may apply. To the fullest extent permitted by law, and without limiting any such applicable consumer guarantees:
   1. the Web Site, including all information and data provided on the Web Site, is provided on an “as is” basis without any warranties of any kind;
   2. OzTAM expressly disclaims all warranties of any kind, including implied warranties of merchantability and fitness for a particular purpose.
   3. OzTAM (including its directors, officers, employees, contractors and agents) does not warrant that your access to the Web Site will be uninterrupted or that the Web Site will be error free, that any defects will be corrected or that the Web Site and its servers are free of computer viruses and other harmful data, code, components or other material;
   4. OzTAM (including its directors, officers, employees, contractors and agents) does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Web Site, including information and data entered into or provided by the Web Site, or that it will give notice of such use, modification or alteration; and
   5. OzTAM (including its directors, officers, employees, contractors and agents) does not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Web Site, including the Materials and all information and data provided on the Web Site.
   Your use of the Web Site, including the Material and all information and data provided on the Web Site, is at your risk.
   To the extent permitted by law, OzTAM excludes all liability for any loss or damage, including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising in relation to use of the Web Site (including the inability to use the Web Site), whether or not caused by OzTAM's negligence, and whether or not the possibility of loss was known to OzTAM.
8. Indemnity
   By accessing and using the Web Site you agree to indemnify and hold harmless OzTAM and its related bodies corporate and its and their employees, officers, agents and contractors from and against all actions, proceedings, suits, claims and demands brought or made against any of them by any person arising from or in consequence of such an action, and from and against any damage, loss, cost or expense, including reasonable legal fees, arising out of or caused by or in any way connected directly or indirectly with the:
   1. use of, access to, or the inability to use or access the Web Site; or
   2. information, data or other information transmitted or stored through or on the Web Site.
9. Termination
   OzTAM reserves the right to, at any time and without notice, discontinue, suspend, cancel or terminate these Terms and your access to the Web Site and Materials. Following such suspension, termination or cancellation, you must immediately cease accessing and using the Website and Materials and (at OzTAM's option) return any hard copies of the Materials to OzTAM or destroy any hard copies and any other electronic copies of the Materials within your control or possession.
10. Miscellaneous
    If any provision of these Terms is held to be invalid, void, unenforceable or illegal for any reason, such provision will be deemed to be severed from these Terms and the remaining provisions will remain in full force and effect.