Going Out provides you with an online portal which allows you to search entertainment items which are supplied by third parties. Going Out merely acts as a gateway between listers of information and public.
Our services are based on information provided to us by entertainment venues wishing to advertise their entertainment activities. Therefore we cannot guarantee that all such information is accurate at all times.
You must use the Website in a responsible manner. You must not:
- use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standard or codes;
- use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- use the Website to send unsolicited email messages;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
During the Membership Process you will be required to enter a password. You are solely responsible for keeping your password private and safe at all times. We are in no way responsible for any damage or loss which you may suffer as a result of misuse of your password.
The material on the Website, the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under licence by Going Out Australia and protected by Australian and international laws.
Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.
You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.
You must not:
- cause any of the material on the Website to be framed or embedded in another website unless permission is granted by Going Out.
- modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.
Third party content and links to third party websites
The Website contains advertising and hyperlinks and other pointers to websites operated by third parties and such advertising and websites do not form part of the Website. We do not control these linked websites and is therefore not responsible for the contents of any linked website or any hyperlink contained in a linked website. The links are provided by us solely for your convenience and do not indicate, expressly or impliedly, any endorsement, sponsorship or approval by us of the website or the products or services provided at those websites. You link to any third party website entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of linked websites or their content.
Services are subject to change
Going Out may without notice to you change any of the services offered via the Website.
The information displayed on the Website is entered by customers of Going Out and is for information purposes only. The information is not intended to be comprehensive or exhaustive and does not constitute our endorsement or approval in any way and therefore must not be relied on as such by you.
Nothing on the Website, or any communication with Going Out, its employees, agents or service providers should be construed as providing legal advice.
By using the Website, you agree to indemnify Going Out from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Some legislation such as the Australian Trade Practices Act 1974 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by Going Out via the Website which cannot be excluded, restricted or modified (your "Statutory Rights"). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect of the Website:
- all material on the Website is provided to you without warranties of any kind, either express or implied;
- we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
- we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on the part of Going Out, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and that we are not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website or listing your entertainment activity.
Limitation of Liability
- In the case of services supplied or offered by us:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- In the case of goods supplied by or offered by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the costs of replacing the goods or acquiring equivalent goods; or
- the payment of the costs of having the goods repaired.
Listing your entertianment activity on the Website
When listing entertianment activities on the Website, you are required to provide certain information, including information about you and the item which you are advertising.
Going Out may entirely at its own discretion choose to:
- display your listing;
- not display your listing; or
- amend, modify, or arrange any information which you have provided during the listing process.
We do not make any claims that the information displayed on the Website is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
© 2010 Going Out Australia NSW BN98524880.