Your Account. To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account. You may connect to the Services with a third-party service (e.g., Facebook or Google+) and you give us permission to access, store, and use your information from that service as permitted by that service. If you believe your Account has been compromised or misused, contact us immediately at TRADE-WORX Customer Support.
To use the Services, you must be over 18 years old. You agree that you will only post in relation to services in Australia in the appropriate category or area and you agree that you will not do any of the following bad things: violate any laws or the Posting Rules, post any threatening, abusive, defamatory, obscene or indecent material, be false or misleading, infringe any third-party right, distribute or send communications that contain spam, chain letters, or pyramid schemes, distribute viruses or any other technologies that may harm TRADE-WORX, the Services or the interests or property of TRADE-WORX users, impose an unreasonable load on our infrastructure or interfere with the proper working of the Services, copy, modify, or distribute any other person’s content without their consent, use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission, harvest or otherwise collect information about others, including email addresses, without their consent, and/or bypass measures used to prevent or restrict access to the Services.
TRADE-WORX Services contain content from us, you, and other users. TRADE-WORX is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, TRADE-WORX's liability to you for any failure by TRADE-WORX to comply with any statutory guarantee under the Australian Consumer Law is limited to TRADE-WORX supplying the Services again or paying you the cost of having the Services supplied again.
TRADE-WORX excludes any liability to you for any loss or damage suffered by you as a result of TRADE-WORX failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by TRADE-WORX. You will indemnify and hold harmless TRADE-WORX and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations. If you have a dispute with one or more TRADE-WORX users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
If you’re accessing TRADE-WORX Services from a mobile device the following terms and conditions apply. Your use confirms your agreement to these Mobile Devices Terms.
TRADE-WORX grants you the right to use Mobile Access only for your personal use. You must comply with all applicable laws and third party terms of agreement (e.g. your wireless data service agreement). Mobile Access may not contain the same functionality available on the www.trade-worx.com website. Use at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS – Apple
1. These Mobile Devices Terms are an agreement between you and TRADE-WORX, and not with Apple. Apple is not responsible for the content thereof.
2. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile devices.
3. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
4. Apple and Apple’s subsidiaries are third party beneficiaries of these Mobile Devices Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Devices Terms against you.
Windows – Microsoft
2. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the software.
3. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.