By visiting the MYCAB.COM.AU site, you agree to the following:
1. We can pretty much change the site whenever and however we want.
2. You are solely responsible for anything that you post on or through MYCAB.COM.AU
3. MYCAB.COM.AU can use anything that you post to the site or send in to us.
4. We're only providing information, and you can't blame us for damages if someone uses the information in
a way they shouldn't.
5. To prevent perverts and devious persons from causing trouble, we reserve the right to, but may not
necessarily, monitor the activities in our communication centre from time to time.
Keep reading for the official legal version of what we just said above:
MYCAB.COM.AU User Agreement
MYCAB.COM.AU Web site (the "Site") is provided by MYCAB ("us" or "MYCAB.COM.AU") to you ("you" or "User") subject to the following Agreement ("Agreement") and any operating rules or policies that may be published from time to time by MYCAB.COM.AU.
Changes to this Agreement
MYCAB.COM.AU may, in its sole discretion, change, add or remove any portion of this Agreement, at any time, by posting a new Agreement to the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes.
Modifications to Site
MYCAB.COM.AU reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site , including, but not limited to, content, features or hours of availability. MYCAB.COM.AU may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
MYCAB.COM.AU's Proprietary Rights
You acknowledge and agree that all contents and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by MYCAB.COM.AU, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any other purpose is prohibited.
You are solely responsible for the content and context of any materials or User Information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane, (b) restrict or inhibit any other User from using and enjoying the Site, (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact (e) contains any form of unauthorized soliciation, or any form of lottery or gambling, or (f) impersonates any person or entity, including any employee or representative of MYCAB.COM.AU.
By posting messages, participating in message forums, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within MYCAB.COM.AU, you grant to MYCAB.COM.AU a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, distribute, publicly perform, reproduce, edit and otherwise exploit (including use for promotional and advertising purposes) such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. You waive all rights you may have to inspect and/or approve of any use by MYCAB.COM.AU of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against MYCAB.COM.AU for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, and rights of attribution in connection with such Communications. You agree and understand that MYCAB.COM.AU is not obligated to use any material or ideas submitted by you in any Communications.
MYCAB.COM.AU makes no representation that materials on this site are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree that MYCAB.COM.AU has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to chatrooms, message boards, e-mail and other forums. Notwithstanding this right, MYCAB.COM.AU does not and cannot review all materials posted to the Site by Users and MYCAB.COM.AU is not responsible for any such materials posted by Users.
Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of MYCAB.COM.AU, and you acknowledge that MYCAB.COM.AU is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by us or any association with its operators.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYCAB.COM.AU DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MYCAB.COM.AU BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF MYCAB.COM.AU OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF MYCAB.COM.AU TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
You shall indemnify, defend and hold MYCAB.COM.AU, its officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of this Agreement or any use by you of the Site or as a result of a dispute with another User. MYCAB.COM.AU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of MYCAB.COM.AU.
This Agreement constitutes a binding agreement between you and MYCAB.COM.AU until terminated by you or MYCAB.COM.AU, which MYCAB.COM.AU may do at any time, without notice, in MYCAB.COM.AU's sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
Choice of Law; Dispute Resolution.
This Agreement shall be governed by and in accordance with the laws of the State of Victoria, without regard to conflicts of laws provisions. Any controversy involving MYCAB.COM.AU arising from or in any way related to this Agreement or your use of the Site shall be heard exclusively in the appropriate State or Federal court in the State of Victoria and you irrevocably consent to the jurisdiction of such courts for the purpose of litigating any such controversy.
Notices And Disclosures
Except as explicitly stated otherwise, any notices shall be given by e-mail to, in the case of MYCAB.COM.AU, contact, or, in the case of a User to the e-mail address you provide to MYCAB.COM.AU. Notice shall be deemed given 72 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either you or MYCAB.COM.AU to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Agreement comprises the entire agreement between you and MYCAB.COM.AU and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.
Check back often for updates to this Agreement.