LAST UPDATED: May 2019
In order to keep pace with changes in our Service, we review our Terms of Service from time to time to make sure they are up to date. This Agreement contains our most recent update. We encourage you to read this Agreement carefully.
IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT.
If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.
Subject to your compliance with these Terms of Service, Rowena Henrichs hereby grants you permission to use the Service, provided that your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service.
2.2 We will process all:
(a) information relating to an identified or identifiable individual, including names, physical addresses, email address, IP addresses, location data, financial information and related personal information (“Personal Data”); and
(b) data, text, files, information, images, graphics, photos, links and other content or materials (“Content“);
2.4 Our anti-spam policy forms part of this Agreement. Accordingly, you must comply with your obligations. You may view our anti-spam policy on this website.
2.5 From time to time we may offer and/or co-sponsor contests or promotions on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry.
- Intellectual Property Rights
3.1 You agree to provide Your Materials, including Intellectual Property, to Rowena Henrichs to enable Rowena Henrichs to provide the Service. You:
(a) warrant that it has all necessary rights to provide the Intellectual Property to Rowena Henrichs;
(b) grant Rowena Henrichs a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Intellectual Property in any way Rowena Henrichs requires to provide the Service; and
(c) consent to any act or omission which would otherwise constitute an infringement of your Intellectual Property.
3.2 If you (or any employee or agent) have any Intellectual Property Rights that you provide to Rowena Henrichs, you:
(a) irrevocably consent to any amendment of the Intellectual Property in any manner by Rowena Henrichs for the purposes of providing Service;
(b) irrevocably consent to Rowena Henrichs using or applying the Intellectual Property for the purposes of providing the Service without any attribution of authorship;
(c) agree that its consent extends to acts and omissions of any of Rowena Henrichs’ licensees and successors in title; and
(d) agree that its consent is a genuine consent has not been induced by duress or any false or misleading statement.
3.3 If you (or any employee or agent) have any Intellectual Property Rights that you provide to Rowena Henrichs, you own all Intellectual Property Rights in Rowena Henrichs Code and in Your Website.
3.4 All of the information contained on the crateguide.com Website is the Intellectual Property of Rowena Henrichs. All trademarks, logos or any other of its intellectual property rights are the exclusive property of Rowena Henrichs. You may not download, copy or print any of the pages of the Website except for your own personal use. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the Website is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will you post to the Website any material which infringes any intellectual property rights of any third party.
3.5 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
3.6 By using the Service, you confirm that any content and personal data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.
4.1 Each party agrees and acknowledges that it may receive Confidential Information of the other party during the term of this Agreement.
4.2 Each party agrees and acknowledges that the Confidential Information of the other party will be received and held by the first party in strict confidence and will not be disclosed by the first party, except:
(a) as necessary for Rowena Henrichs to provide the Service;
(b) with the prior written consent of the other party;
(c) if you have given Rowena Henrichs permission to do so;
(e) if required to do so or permitted by law.
4.3 Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party’s Confidential Information whilst it is in the receiving party’s possession or control.
4.4 Each party must return, or at the other party’s option destroy, all Confidential Information of the disclosing party in the receiving party’s possession or control.
4.5 As internet transmissions cannot be guaranteed to be entirely secure in all aspects, you acknowledge and agree that your use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.
5.1 You agree to defend, indemnify and keep indemnified, Rowena Henrichs and her respective employees, agents, representatives, contractors and licensees against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:
(b) violation of any Intellectual Property or other rights of a third party, or privacy right; or
(c) your access or use of the Service, and/ or Personal Data posted by you through or at the Service.
5.2 This Indemnity clause will survive this Agreement and your use of the Service.
- Prohibited Activities
6.1 In addition to the other restrictions outlined in these Terms of Service, you agree that you will not:
(a) Use the Website for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms of Service;
(b) Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users of the Website from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;
(c) Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via the Website;
(d) Compromise the security of the Website service;
(e) Send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;
(f) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
(g) Impersonate any person or entity;
(h) Buy, sell or otherwise offer in exchange for any compensation, access to the Website and Service; and
(i) Develop any third party applications that interact with User Content, the Website or any other services without our prior written consent.
- Dispute Resolution
7.1 Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.
7.2 If a dispute arises out of, or in any way in connection with, or otherwise relates to this Agreement, or the breach, termination, validity or subject matter hereof, or as to any related claim at law, in equity or pursuant to any statute, the parties agree to refer their dispute to Mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.
7.3 The Mediation shall be conducted in Brisbane in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the dispute is referred to ACDC and which terms are hereby deemed incorporated into this Agreement.
7.4 The costs of the mediator shall be shared equally between the parties.
8.1 Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.
8.2 If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.
- Other Conditions of Use
9.1 In addition to the other terms and conditions outlined in these Terms of Service, you agree that you are solely responsible for your interaction with other Users of the Service. You agree that Rowena Henrichs is not responsible or liable for the conduct of any user of the Website, including you. Rowena Henrichs reserves the right but has no obligation, to monitor or become involved in disputes between you and other Users.
10.1 This Agreement shall be governed and construed in accordance with the laws in force in Queensland, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, for any matter arising under and relating to this Agreement.
11.1 This Agreement may be amended or replaced from time to time, with or without prior notice to you, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Rowena Henrichs will endeavour to post an announcement on the Website. Your use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must not use the Service.
- Website Accuracy
12.1 The information contained on the Website is given in good faith and Rowena Henrichs uses all reasonable efforts to ensure that it is accurate. However, Rowena Henrichs gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.
- Communication, Questions and Comments
13.2 Rowena Henrichs will endeavour to reply to all communications within 48 hrs (during office hours).