Terms Of Use Of Salvan Websites.

1. Definitions

“Content” means the viewable Information, including text, photographs, graphics, and all other material on the website.
“Information” means any text that can be viewed in the public domain of the website.

“Installation” means all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide the Services.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
“Services” means all or any service provided by us through the website.
“Third-Party websites” means all websites not belonging to the website url.
“Salvan Entities” means Salvan and any subsidiaries, affiliates, related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them.
“website” means the website www.salvan.com.au, and includes all web pages within this url.
“User” means any person other than you who uses the Services or visits the website for any purpose.
“we”, “us”, “our” etc. Where the context permits it also includes any business, company, individual, including a third party who shares an interest in the sale of any goods and/or service promoted on the website. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.
“you” “yours” etc. means you, the party to this agreement.
“advice” “tips” etc. means the information that is supplied is for general use only, and should not be relied upon to purchase or sign for any goods or Services without consulting your choice of professional such as an accountant, lawyer or financial advisor.

In this Agreement, unless the context otherwise clearly indicates, words importing the singular number include the plural and vice versa and words importing gender include the masculine, feminine and neuter genders.

2. Introduction

This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between Salvan (“Salvan”, “salvan.com.au”, “we”, “us”, “our”) and you with respect to your use of the salvan.com.au website, applications, and the Products and Services offered by Salvan through them (collectively, the “website”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, you should not use the website and leave immediately.

This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

3. Changes to this Agreement

We reserve the right at any time to:

• change the terms and conditions of this Agreement, to reflect changes with an applicable law,
• change the website, including modifying, eliminating or discontinuing any information or Services (defined below) or other features in whole or in part, and
• deny or terminate your use of and/or access to the website.

Any changes we make to the terms and conditions of use agreement will be effective immediately upon our posting such changes on this page. You agree that your continued use of salvan.com.au after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should not use the website and leave immediately. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.

4. Registration

Access to certain parts of the website will require you to register with and provide certain information to salvan.com.au. If and when you register with or provide information to salvan.com.au, you agree that:

• you are over 18 years old,
• you will provide accurate, current and complete information about yourself as prompted (including your email address), and
• maintain and update your information in a timely manner (including your email address) so as to keep the information accurate, current and complete.

5. Professional Listings

Trade professionals and trade related businesses may elect to register themselves and create a professional business listing on salvan.com.au. Subject to the terms of this Agreement, such users can use the features made available by salvan.com.au to promote their business on the website.

6. Permitted Use of Services & Information

The Services made available on the salvan.com.au website, as well as any information provided on the salvan.com.au website, are provided for your personal use only and not for any commercial activities or ‘for-profit’ purpose or for resale, except as expressly permitted on this page. No Salvan material may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted on this page. Salvan’s permission to you for your use of this website expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You’re expressly prohibited from any use of data collection; whether manually or employing electronic data gathering and extraction tools in your use of the salvan.com.au website.

7. Posting & Submission of Material & Information

As part of your use of the salvan.com.au website, you may participate in forums, member comments and/or other public article contributions. Your participation is voluntary; however, by choosing to create and post articles, post photos or comments, send any messages, or otherwise participate in any salvan.com.au forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, reviews or content provided by you may be viewed by the general public and will not be treated as private, proprietary or confidential. You hereby grant to Salvan and our affiliates, licensees and sub licensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute such content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in such content. Such permission shall be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted or provided by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any content posted by you to or through pages of salvan.com.au.

Salvan acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the content, subject to the non-exclusive rights granted to Salvan in the paragraph above, and that no ownership of such copyrights is transferred to Salvan under these terms. Further, with respect to content in the form of photos, and subject to Salvan product and user experience considerations:

• Salvan will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and,
• Salvan will not license or sublicense to third parties individual photo content or collections of photo content submitted by you, except in each case for Salvan business purposes.
  “Salvan business purposes” means any use in connection with a Salvan-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the website, the Services, the information, Salvan, or its affiliates.

By posting or providing any content on the website, you represent and warrant to Salvan that you own or have the right to use and permit Salvan to use and license such content in the manner stated in this agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person (or such person’s parent/legal guardian if applicable) appearing in the photograph to use their image and permit us to use and license it as stated in this agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit Salvan to use it as stated in this agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this agreement.

Salvan may enable you to post ratings or reviews of vendors, service providers and/or their Products or Services on the website. Reviews are considered content. You may not post any reviews about a vendor, service provider or any of their Products or Services if you are:

• an employee, contractor, officer or director of the vendor and/or service provider;
• an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or,
• related to the vendor and/or service provider in any way, including by blood, adoption or marriage.

By posting a review, you acknowledge and agree that such content:

• is based upon your first-hand experience with the vendor, service provider or product or service that is the subject of the review;
• is accurate, truthful and complete; and
• is not defamatory, trade libellous, or otherwise in violation of our Acceptable Use Policy below, all as determined by us in our sole and absolute discretion.

You agree not to post or provide any content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person (or such person’s parent/legal guardian, if applicable).

If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorise Salvan and our affiliates, licensees and sub licensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason, except as required by the applicable law.

You further agree that we may use the posted or provided content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any content for any reason, and to edit, refuse to post or remove any content submitted by you or others. We do not guarantee that we will post all content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any content for any reason, we have no obligation to delete content that you personally may find objectionable or offensive. We do not control in real time the content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such content. In addition to other disclaimers found in this agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the website.

8. Links to Third Party websites

The site contains links to Third-Party websites for your convenience. Salvan does not control the linked websites or the content provided through any Third-Party websites. Your use of these Third-Party websites is subject to the privacy practices and terms of use controlled by the specific linked Third-Party website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked Third-Party website or any material contained on any linked Third-Party website, and we disclaim any such approval or endorsement. We do not verify, make any representations or take responsibility for any Third-Party websites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, Services, links displayed and/or any other activities conducted on or through such Third-Party websites.

9. Acceptable Use Policy

When using the salvan.com.au website, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our “Acceptable Use Policy” below.

Improper use of the information, Services or website may result in termination of your access to and use of the website, and/or civil or criminal prosecution.

10. Acceptable Use Policy

As part of Salvan’s Acceptable Use Policy, you agree not to use the Information, Services or any other part of the website to take any action or actions that:

• are contrary to Salvan’s public image, goodwill or reputation;
• infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
• violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
• are libellous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
• transmit any trade secret or other material, non-public information about any person, company or entity without the authorisation to do so;
• restrict or inhibit any other visitor from using the website, including, without limitation, by means of “hacking” or defacing any portion of the website;
• modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the website or Information;
• remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, website, or Services;
• sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
• “frame” or “mirror” any part of the website without our prior written authorisation;
• distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
• interfere with or disrupt any Services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Salvan or its licensors or suppliers;
• involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003) or equivalent, applicable, foreign law;
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the website or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents, authentication and security measures;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
• execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the website’s servers or any data not intended for you; and/or
• harvest or collect information about any website visitors or members without their express consent.
• contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;

Updated: May 13^th 2019

11. Ownership

The website is owned and operated by Salvan and its licensors. The Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Salvan and its licensors and suppliers. The Information and Services are protected by Australian and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the website or any Service or Information without our prior written permission. The website, Information, and Services may be used solely:

• to the extent permitted in this Agreement or,
• as expressly authorised in writing by Salvan or, if so indicated in writing by Salvan, its licensors or suppliers.

Use of the website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the website or any Services or Information.

The trademarks, logos, and service marks displayed on the website are the registered and unregistered trademarks of Salvan, Salvan licensors and suppliers, and/or others. Nothing contained in this Agreement or the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express written permission of Salvan, Salvan licensors or suppliers, or the third party owner of any such Trademarks, except as set forth in the following paragraph. You acknowledge and agree that all rights in and to the Salvan Trademarks are our exclusive property, and any goodwill generated by your use of any Salvan Trademarks will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any our Trademarks.

12. Term & Termination

This Agreement is effective from the date that you first access the website or submit any information to Salvan, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Certain violations of this Agreement, as determined by Salvan, may result in immediate termination of this Agreement, and/or your access to and use of the website, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the website shall immediately cease, and you shall destroy all copies of information that you have obtained from the website, whether made under the terms of this Agreement or otherwise. All disclaimers, limitations of liability, indemnities, Salvan rights of ownership, and licenses to Salvan shall survive any termination.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Salvan to maintain and support the website, or any part or portion thereof, during the term of this Agreement.

13. Disclaimers and Limitations of Liability

This section limits the liability of Salvan entities to you.

Each point below applies to the maximum extent permitted under applicable law:

1. We are providing you the website, Services, Information, and Third-Party content on an “as is” and “as available” basis, without warranty of any kind, express or implied. without limiting the foregoing, Salvan entities expressly disclaim any and all warranties and conditions of merchantability, title, accuracy and completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of course of dealing or trade usage.
2. Salvan entities make no promises with respect to, and expressly disclaim all liability, to the maximum extent permitted by law, for:
• content posted by any Third-Party on the website,
• Third-Party websites and any Third-Party product or service listed on or accessible to you through the website,
• the quality or conduct of any Third-Party you encounter in connection with your use of the website.
3. You agree that under the maximum extent permitted by law, Salvan entities will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that Salvan entities specifically will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if we have been advised of the possibility of such damages or such damages are foreseeable) arising out of and in any way connected with your use of, or inability to use, the website. your use of the website, Information, or Services is at your sole risk.

14. Indemnification

You agree to fully indemnify, defend, and hold Salvan, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from:

• your breach of this Agreement, including but not limited to the Acceptable Use Policy;
• any allegation that any materials you submit to us or transmit to the website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party;
• your activities in connection with the website or other websites to which the website is linked; and/or
• your negligent or wilful misconduct.

15. Supplemental Terms for Additional Services

Certain Services offered on the website may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand Services, offering Products for sale in the Marketplace, or use of Site Designer each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of that separate agreement will control.

16. Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of South Australia and of the Commonwealth of Australia. You submit to the jurisdiction of the courts of South Australia and the Commonwealth of Australia.

17. Dispute Resolution

In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

18. Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

19. Force majeure

Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities and strikes of its own employees.

Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.

If a default due to force majeure shall continue for more than 4 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.

20. Relationship of Parties

Nothing in this agreement shall create a partnership, joint venture or agency or the relationship of employer and employee between us.

21. No Waiver

No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

22. Interruption to the Service

If it is necessary for us to interrupt the Services then we may do so without telling you first. You acknowledge that the Services may also be interrupted for reasons beyond our control. You agree that we are not liable to you for any loss, including loss of points whether foreseeable or not, arising as a result of interruption to the Services.

Where Salvan has exhausted the channels available to it under these Terms and the relevant Policies to address your complaint, you can escalate your complaint to the Fair Trading Office in your State, or the ACCC.

Contacting Salvan

Address: PO Box 3582, Norwood, SA 5067
Telephone: 0402 387 660
Email:office@salvan.com.au