These terms and conditions apply to all users or clients (“you”) of Nearly New Guide (“us” or “we”) website, www.nearlynew.guide (“Website”).
Access to our Website and associated third-party information, advertisements, links and websites is done so on the basis that users agree to the following matters contained in these terms and conditions.
You must provide us with current, complete and accurate information, including account information and promptly inform us of any updates to your information. Where information is inaccurate, we may cancel your subscription. You must keep your login information confidential and you are responsible for all activity on your account.
You agree that the copyright in content on our website, that is not attributed to a third-party, is owned by us. You must only use this website and its content for your personal and non-commercial use.
Any information sent to us becomes our property and we are entitled to use any ideas, concepts or techniques and reproduce such information in so far as it is permitted by law.
You must not modify, rent, lease, loan, sell, distribute or create derivative works based on any of our Website content, unless you have been specifically authorised to do so by us by way of written agreement.
No Guarantee to Accuracy of Information
This website is provided for information purposes only and we cannot guarantee, in so far as the law will allow, the accuracy, completeness or currency of information.
User of our website must satisfy themselves and are personally responsible to make proper enquiries as to the accuracy of information displayed, including third-party information such as advertisements and linked websites. We do not make any representations as to third-party websites or advertisements.`
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the copyright you have in any user content, in all media now known or not currently known. By submitting user content, you also consent to any dealings with your user content that may otherwise infringe your moral rights. We may copy any user content and communicate it to the public, or allow third parties to do so.
You understand that by using the Website you may be exposed to material that you may find offensive, indecent or objectionable and that in this respect you use the Website at your own risk.
Liability and Indemnity
Our employees, agents and consultants exclude to the extent permitted by law, all liability to damages, whatsoever that may be suffered by any person who relies upon information contained in this website or third-party information linked to our website.
You agree to indemnify us and keep us indemnified from any claim arising out of or in connection to third-party links, websites, apps, products or services, where you provide incorrect information and/or any unauthorised use of your account.
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred us or our personnel, arising from, or which is directly or indirectly, related to:
your breach or non-observance of any of these Terms and Conditions; OR
any breach or inaccuracy in any representations or warranties made to us.
Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
Subject to the provisions of the Competition and Consumer Act 2010 (Cth), we make no guarantee, representation or warranty in respect of the information and materials available on the Website, or the means of accessing that information and material.
These terms and conditions are construed in accordance with the laws of Western Australia and you and we, submit to the jurisdiction of the courts of Western Australia.
If a dispute arises, you must keep all communications and discussions confidential.