SAAUSTRALIA.ORG FORUM USAGE TERMS
Last Revised February 3rd, 2006
This agreement governs your access to SAAusralia.org ("SAAUSTRALIA" or "we") facilities, discussion forums, and services (collectively the "Service"), unless you are or become subject to SAAUSTRALIA's Terms of Service for Forum Accounts. In consideration for your right to use the Service, you agree as follows:
SAAUSTRALIA.org ("SAAUSTRALIA") provides access to interactive discussion forums, created and maintained by its hosts, to members who are at least eighteen (18) years old and to minors over the age of thirteen (13) who have parental permission. Service is provided "as is." There may be, among other things, unexpected downtimes, loss of data, or interruptions of service.
SAAUSTRALIA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.
SAAUSTRALIA is not obligated to monitor the Service, but may do so and may remove or edit any message or adjust your access to the Service. Messages that SAAUSTRALIA may, in its sole discretion, elect to remove or edit include without limitation those which violate the "Content Restrictions" enumerated herein.
SAAUSTRALIA ordinarily does not review messages before they are posted to its discussion forums. Opinions expressed on SAAUSTRALIA are those of the message author and not of SAAUSTRALIA. Likewise, SAAUSTRALIA makes no representations or warranties concerning the truth or falsity of any assertion of fact made by message authors (other than SAAUSTRALIA) on a SAAUSTRALIA forum.
SAAUSTRALIA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY MESSAGES POSTED BY THIRD PARTIES OR YOU TO ANY SAAUSTRALIA DISCUSSION FORUM.
You must be at least thirteen (13) years of age to post a message to any SAAUSTRALIA discussion forum. The following content is not permitted to appear in any messages posted to SAAUSTRALIA discussion forums:
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SAAUSTRALIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAAUSTRALIA (INCLUDING ITS CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND AFFILIATES) OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE USAGE TERMS.SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
WAIVER OF DAMAGES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:NOTWITHSTANDING ANYTHING ELSE IN THESE USAGE TERMS OR OTHERWISE, SAAUSTRALIA SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, DATA OR OTHER LOSESS (EVEN IF SAAUSTRALIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless SAAUSTRALIA and its contractors, agents, employees, officers, directors, shareholders and affiliates from any losses, damages, or costs, including reasonable attorney's fees, resulting from any claim or demand arising out of or related to your (including your contractors', agents', employees', officers', directors', shareholders', and affiliates') use of the Service, including without limitation claims arising out of or related to your violation of these terms or service, your violation of the rights of another person, or the content of any message or messages posted to a SAAUSTRALIA discussion forum.
SAAUSTRALIA reserves the right to terminate or take steps to terminate your access to the Service, in whole or in part, without warning, for any reason at its sole discretion. Acts or failures to act for which SAAUSTRALIA may terminate or take steps to terminate your access to the Service include without limitation the infringement of the intellectual property or other rights of third-parties or SAAUSTRALIA.
SAAUSTRALIA reserves the right to modify these usage terms at any time. Modifications will be posted to this website. You agree to review these usage terms for modifications regularly, and, at a minimum, to review these usage terms at least once every 15 days. You accept new usage terms if you use the Service at any time after twenty-five (25) days of any such modifications.
NO UNSOLICITED EMAIL
Individuals or organizations that promote or use spamming (unsolicited bulk e-mail) or methods thereof are not allowed to use SAAUSTRALIA discussion forums. Any form of unsolicited e-mail or newsgroup posting that includes a link to or references a SAAUSTRALIA discussion forum is prohibited.
Any information that is disclosed on a SAAUSTRALIA discussion forum becomes public information. You should exercise caution when deciding to disclose your personal information. To control abuse, your IP address may appear next to a posting to a SAAUSTRALIA discussion forum, albeit only visible to select hosts. Under no circumstances may you disclose personally identifying information about or related to a person under the age of thirteen (13). You agree that SAAUSTRALIA may preserve content (including identifying information) and may release any or all preserved content to governmental agencies, courts, or other third-parties if we believe, in our sole discretion, that you have or may have committed illegal activities, violated these usage terms, violated the rights of third-parties, impaired in any respect the ability of SAAUSTRALIA to operate the Service properly, or endangered in any respect SAAUSTRALIA or third-parties, or in the event that the information is subpoenaed or subject to other judicial or administrative process. SAAUSTRALIA does not claim ownership of content you or third-parties post to a board. With respect to content that you post or make available through a board, however, without limiting any other rights these usage terms afford to SAAUSTRALIA, you grant SAAUSTRALIA a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content for the purpose of providing and promoting the Service.You may not, in connection with your use of the Service, impersonate any individual or misrepresent your affiliation with any individual or group.Should SAAUSTRALIA decide, in its sole discretion, that it needs to discover your identity to enforce this agreement against you, you waive any right you might otherwise have had to prevent SAAUSTRALIA from learning your identity from your internet service provider.SAAUSTRALIA shall have the sole discretion as to what constitutes a violation of any of these usage terms.This agreement creates no third-party beneficiaries.
If any provision of these usage terms is found unenforceable, SAAUSTRALIA reserves the right to modify the provision to comply with the law. All remaining provisions shall remain valid and enforceable.
These usage terms contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. These usage terms supersede any prior written or oral agreements between the parties.
SAAUSTRALIA's failure at any time to enforce any provision of these usage terms shall not constitute a waiver or limitation of SAAUSTRALIA's right subsequently to enforce every provision of the usage terms.VIEWING OR POSTING TO A SAAUSTRALIA DISCUSSION FORUM CONSTITUTES YOUR ACCEPTANCE OF THESE USAGE TERMS.
- Adult content
- Obscene material
- Nudity or pornography
- Material that infringes intellectual property or other proprietary rights of any party
- Material the posting of which is tortious or violates a contractual or fiduciary obligation you or we owe to another party
- Piracy, hacking, viruses, worms, or warez
- Any illegal content
- Commercial banner advertisements or revenue-generating links (other than those in our advertising forums)
- Any link to or any images from a site containing any material outlined in these restrictions
- Any material deemed offensive or inappropriate by SAAUSTRALIA
COMMERCIAL ADVERTISING POLICY
This forum is a not for profit initiative to help prospective immigrants in their move from South Africa to Australia. The forum is managed by a group of unpaid volunteers.
We do not allow Commercial Advertising posts in any form on the forums. If you sell anything (service, goods, knowledge, advice...) and you charge for it, it is advertising. If you derive an income stream from it, it is advertising - even if it is not your main source of income! If anything you sell is your business - whether it is a main or side-line business, it is advertising. If you have a registered business (including online services, such as a website for this purpose) or work for a registered business (including online services, such as a website for this purpose) for whatever service or goods you are offering, it is advertising. If you offer something for free with the possibility to derive a future income from that free offering, it is advertising. So basically, if you make an income from it, either directly or indirectly, it is advertising.
- Google Adwords: Any commercial business wanting to advertise on www.saaustralia.org will need to utilise the services of Google Adwords. Google Adwords will receive payment from the business and provide a banner advert on the top right hand corner and/or bottom of a page on the forum. Advertisers can request that their advertisement banner appear on our website specifically in addition to other websites the advertiser may wish to target. See Google AdWords for details.
- Business Reps: Certain members who post in their professional capacity, may be deemed Business Reps. Commercial Business Rep members are welcome to contribute to the forum with their professional advice but will not be permitted to start a thread advertising their business (however disguised it may be as an 'informative post'). They are permitted to answer a post of another member provided details of how their business will be able to help. Business Reps may attract business indirectly due to the reputation they gain on the forum for helpful advice. They may not troll the forums for business posting comments such as “Email for help on this.” The reply should be public so as to help future members looking for an answer. However should a commercial member exclusively make posts that are aimed at selling their services and flood the forum with such posts, they will be asked to stop and to make more meaningful contributions.
- Migration Agents: Migration agents will be required to disclose their company name, MARA registration number, real personal name, website details and business contact details in their signatures. They will not be charged for this.
NON-COMMERCIAL ADVERTISING POLICY
We do allow non-commercial advertising. Non-commercial advertising is the once-off selling of items not for income purposes - Something once-off like a car or book or a bed or whatever, in which case place a free once-off add in classifieds. All free advertising in classifieds for this purpose could only be placed once a member has contributed at least 100 posts. This is to alleviate spammers registering on the forum with the sole purpose to sell their goods. (That is what Ebay & Gumtree is for...) In all cases, all advertising should be placed in classifieds only and can only be placed once.