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Please review our Terms and Conditions carefully. If you do not agree with our terms or conditions,
please do not register or use the services of FlatmatesDownunder.com.au.
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Terms and Conditions of Use and Service Agreement
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By visiting and using this web site, the information contained hereon and/or the services of Flatmatesdownunder.com.au hereafter also referred to as 'FMDU',
You agree to be bound by the conditions, notices and term of use of this agreement without qualification or any limitations.
Please review this document carefully. If you do not agree with our terms or conditions, please do not register as a member.
The terms 'we' - 'us' - or 'our' refer to FMDU.
The term Content refers to any form of information or material that may be displayed or our web site or otherwise digitally transmitted.
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A. WEB SITE OPERATION, REPRESENTATIONS AND WARRANTIES
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This web site is owned and operated by Flatmates Downunder Pty Limited, ACN: 137 058 032. We make no representations, promises or warranties, implied or
otherwise, with respect to the Content, information, data or products provided on or through this web site or otherwise supplied by us.
FMDU, its directors, officers and employees shall not be liable for any damages whatsoever arising from the use of this web site
and its materials, nor any web site linked to this site.
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B. PRIVACY
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When you register to use our services we will ask you to provide certain personal information. The information that you provide will
only be used in accordance with the terms and provisions of FMDU Privacy and Security Policy
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C. USE OF YOUR ACCOUNT AND FMDU SERVICES
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It is your responsibility to insure that your username and password remain confidential. You have the sole responsibility
for all activities that are associated with the use of your username and password. FMDU will not be liable for any
damages or losses arising from your failure to maintain the security of your username and/or password.
If you become aware of any breach of security relating to our services, or other unauthorized use of your username and password
you agree to notify FMDU immediately.
Further, you are solely responsible for all acts or omissions that occur under your account or password, including all Content,
as defined below, that you (or anyone using your account) submit, post or transmit through the use of our services.
You agree not to use our services to do any of the following:
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interfere with or disrupt FMDU's services or servers or networks connected to our web site, or disobey any requirements, procedures, policies or
regulations of networks connected to FMDU's services and system;
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collect or store personal data about other users;
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impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
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harass, stalk or harm another individual; and
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submit, post, store or transmit any
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that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, and invasive of another’s
privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise objectionable;
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Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
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Content that infringes the intellectual property rights of a third party; or
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Material that contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
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Engage in any unlawful behaviour, including violation of any local, state, national or international law;
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D. ANTI-SPAM POLICY
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We prohibit the use unsolicited email or spam. You are hereby served notice that you cannot
use unsolicited email in any way or form in relation to the use of our services.
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E. DISPLAY AND USE OF CONTENT
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FMDU displays and distributes Content provided by users of its services and other parties. We are not the publishers
and have no editorial control of such Content.
We do not endorse and are not responsible for the reliability or accuracy of the Content supplied by our users or other parties.
The statements, comments, services, advice, opinions, offers and any other type of information, including that supplied by users
of our services, are the responsibility of the respective distributor(s) or author(s) and not of FMDU.
FMDU reserves the right, but is not obligated, to review the Content on this web site, as supplied by our users and other parties,
for compliance with this agreement or government laws and regulations, or for other purposes. You agree and acknowledge that
FMDU does not pre-screen or monitor Content for accuracy and reliability. We further reserve the right to remove any
Content at our sole discretion for any reason.
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F. INTERACTIONS WITH FMDU ADVERTISERS, SPONSORS AND PARTNERS
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You agree that any communications or commercial interactions or otherwise, including the purchase of goods and/or services,
with and from our advertisers, sponsors and partners, are solely between you and them.
FMDU bears no responsibility for any services, terms, conditions, warranties and representations made by or on behalf of
advertisers, sponsors or partners.
You further, specifically agree that FMDU shall not be liable or responsible for any damages or losses of any kind resulting
from any communications or interactions that you may have with advertisers, sponsors or partners that may arise.
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G. LINKS TO OTHER SITES
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Our site includes and will include hyperlinks to web sites operated by parties other than FMDU. The presence of such
links does not indicate approval or endorsement by FMDU of any information or Content present on such sites.
The links are provided for reference and the convenience only of visitors and users of our web site.
You agree that you will access and use any links to other sites, including information, material, products and
services thereon, at your own risk.
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H. TERMINATION
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You agree that FMDU, at its sole discretion, may terminate your account including username and password, or access
to and use of our services, and remove and discard any information posted by you on or through our web site,
for any reason or no reason, with or without notice and effective immediately, including, without limitation,
if we believe that you have violated or acted inconsistently with the letter or spirit of the terms of this agreement.
You acknowledge and agree that we may immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or our services. You further agree that we shall not be liable
to you or any other party for any termination of your access to our web site and services.
You may discontinue your participation in and access to the Services at any time.
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I. DISCLAIMER
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The Content, information and material supplied on this web site and by FMDU are presented to you on an 'as is' and 'as available' basis.
Further, the Content, information, software, products and services provided on this web site may include inaccuracies or
typographical mistakes. FMDU, its affiliates or suppliers make no representations, warranties or guarantees, express or implied,
regarding the merchantability, fitness for a specific use or purpose, non-infringement, accuracy, correctness, or
completeness of information, products, material or services, unless otherwise expressly stated.
You expressly agree to use this Site at your own risk. If your use of this Site or the materials therein results in the
need for servicing or replacing property, material, equipment or data, neither FMDU nor its affiliates are responsible
for any associated costs.
FMDU disclaims all responsibility for any damages or losses arising from any use of this web site, or connected in
any way to the use of this web site, whether based on contract, tort and strict liability or otherwise, even if we have been
advised of the possibility of such damages.
Further, FMDU expressly disclaims, unless otherwise specifically stated, that;
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Its services may fulfil your requirements or that the results obtained from the use or our services will in any way meet your expectations,
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Its services will be timely, secure, accurate or uninterrupted,
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Web site Content and information will be accurate, truthful, reliable or complete,
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The web site or its server(s) will be free from computer viruses or other harmful elements, or
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Any defects in services will be corrected.
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J. LIMITATION OF LIABILITY
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You specifically and expressly acknowledge and agree that to the fullest extent permitted under applicable law, FMDU,
its owners or officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, licensors or licensees
will under no circumstances and in no events be liable for any direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to damages for loss of revenues, profits, goodwill, use, data or other intangible losses even if
such parties were advised, knew of or should have known of the possibility of such damages arising out of or in any way related to:
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The use or the inability to use FMDU services;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or
obtained or transactions entered into through or from FMDU services;
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Unauthorized access to or alteration of your transmissions or data;
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Statements or conduct of any third party on or through FMDU services, including threatening, defamatory, obscene, offensive or illegal
conduct or any infringement of another’s rights, including intellectual property rights;
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Your failure to adequately safeguard your password or access to FMDU services;
Any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on
any Content posted, emailed or otherwise transmitted through FMDU services;
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Termination of your access to or use of FMDU services as provided herein;
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The deletion or failure to store any information or data, communications or Content maintained or transmitted by or through FMDU services;
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Any modification, suspension or discontinuance of FMDU services (or any part thereof) or these terms;
Use of or reliance on any Content, goods or services available on any other Web sites that you access through FMDU services; and
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Any other matter relating to FMDU services or this agreement.
Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability
for incidental or consequential damages, some of above limitations and disclaimers may not apply to you. To the extent that
we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration
of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
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K. INDEMNIFICATION
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You agree to indemnify, defend and hold harmless FMDU, its parents, subsidiaries, affiliates, officers, directors,
affiliates, co-branders or other partners, employees, licensors, licensees, consultants and agents from and against any and
all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such
parties may incur as a result of or arising from.
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Any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services,
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Your (or anyone using your account’s) use of FMDU services,
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Your (or anyone using your account’s) violation of this agreement,
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Your (or anyone using your account’s) violation of any rights of any other person or entity or
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Any viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming
routines input by you into the FMDU Web site or other services.
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L. TRADEMARKS
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Certain of the names, logos, and other materials displayed on the FMDU Web site and in and through FMDU services and
its system constitute trademarks, trade names, service marks or logos ('Marks') of FMDU or other entities. You are not authorized
to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
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M. COPYRIGHTS
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The Content, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design
and other material presented by FMDU or its licensors or licensees (the 'Content'), is copyrighted by FMDU and/or its licensors
or licensees under Australian and international copyright laws, is subject to other intellectual property and proprietary rights
and laws, including trademark and patent laws, and is owned by FMDU or its licensors or licensees.
The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale,
or redistributed in any way without the prior written permission of FMDU and our applicable licensors or licensees.
You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
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N. LICENSE
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You hereby grant to FMDU and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right, in any media now known or currently known, to exercise all copyright and other intellectual property
rights with respect the Content you provide to us to be published on the FMDU Web site, or on or through FMDU services, to use,
distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner,
in whole or in part, without any duty to account to you.
The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us.
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O. MODIFICATIONS TO THIS AGREEMENT AND/OR SERVICES
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FMDU reserves the right to improve or change any or all of the conditions and terms of this agreement at its discretion.
You will be notified of these changes through email and/or through posting on our web site.
If you do not agree to any or all of the changes, you only recourse is to stop use of our services. FMDU further reserves
the right to improve, modify, or discontinue its services at its discretion without notice.
FMDU is not liable to you or any other party for any changes or discontinuance it implements. By continuing to use
our services following notice of any changes made, you acknowledge and indicate your agreement to be bound by the conditions
and terms of such changes without reservation.
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P. MISCELLANEOUS
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This agreement constitute the entire and exclusive and final statement of agreement between you and FMDU with respect to the
subject matter hereof, and governs your use of FMDU services, superseding any prior agreements or negotiations between you and
FMDU with respect to the subject matter hereof.
This Agreement and the resolution of any dispute related to this Agreement or FMDU services shall be governed by and
construed in accordance with the laws of Australian States and Territories, without giving effect to any principles of
conflicts of law.
Failure by FMDU or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be
construed as a waiver of any provision or right.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to the use of FMDU services or this Agreement must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
Any legal action or proceeding between FMDU and/or its affiliates and you related to this Agreement shall be brought
exclusively in a federal or state court of competent jurisdiction sitting.
If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and
that the other provisions of this agreement remain in full force and effect.
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SURVIVAL
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The provisions of Sections C, E, F, G, H through N, as well as any other limitations on liability explicitly set
forth herein shall survive the expiration or earlier termination of this agreement for any reason. FMDU’s (and its licensors’ or licensees')
proprietary rights (including any and all intellectual property rights) in and to the Content and FMDU services shall survive
the expiration or earlier termination of this agreement for any reason.
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ABUSES AND VIOLATIONS
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Please report abuses and any violations of the terms of this agreement to admin@flatmatesdownunder.com.au
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