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Written by Nathan Morrow.

Terms & Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

  • "this website" refers to Joomla! Australia.
  • "user", "you" and "your" refers to you, the person accessing this website and accepting these terms and conditions.
  • "Joomla Australia", "ourselves", "we" and "us", refers to the owners and operators of this website and persons appointed pro tempore by us to undertake activities relating to services operating from this website including, for example, moderating the discussion forum (the "forum").
  • "party", "parties", or "us", refers to both the user and ourselves, or either the user or ourselves.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

General

Please carefully review the following basic rules that govern your use of the website. Your use of this website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you do not agree to them, do not use the website, provide any materials to the website or download any materials from the website.

These Terms and Conditions of Use apply to the use of the website and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the "Agreement") between the parties with respect to the website. Any rights not expressly granted here are reserved.

We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the website.

The service offered by this website is generally free of charge. Should any incidental costs, fees, charges or payments arise, all such amounts are expressed in Australian dollars. Any payments, including donations, made to us via this website are non-refundable.

The applicable law concerning your rights as a consumer is the Australian Competition and Consumer Act 2010.

Permitted and Prohibited Uses

You may use the website for the purpose of sharing and exchanging ideas with other users.

You may not use the website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, any rules of any national or other securities exchange, any Australian laws, rules, and regulations governing the export and re-export of technical data

You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the the website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You may not upload any computer code that is intended to maliciously affect the normal operations of this website, nor subject the website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the website.

You are expressly prohibited from using this website as a carrier service for the storage, propagation and/or transmission of software that is intentionally designed to be harmful to other users' software assets.

You are strictly prohibited from communicating on or through the website any unlawful, harmful, offensive, threatening, abusive, libellous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You are expressly prohibited from compiling and using other users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other users unsolicited marketing materials, whether by facsimile, email or other means.

You also are expressly prohibited from distributing users' personal information to third-party parties for marketing purposes. We shall deem the compiling of marketing and mailing lists using users' personal information, the sending of unsolicited marketing materials to users, or the distribution of users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and we reserve the right to terminate or suspend your access to and use of the website and to suspend or determine, with prejudice, any pecuniary or other interest that you may hold.

We note that unauthorised use of users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. We reserve the right to report the abuse of users' personal information to the appropriate law enforcement and government authorities, and we will fully cooperate with any authorities investigating violations of these laws.

User Contributions

Publication of material on the Joomla Australia website is available to identifiable registered users. You must provide personal identification or authority to act on behalf of an organisation if requested by a site editor.

The Joomla Australia website is provided as a service to the Australian Joomla community. You do not have a "right" to publish information, and anything you submit for publication is published at the sole discretion of a site editor on the basis that the content meets these guidelines.

We do not solicit confidential or proprietary information from you through the website and any material, information, or other communication you transmit or post ("contributions") to the website will be considered non-confidential.

Considering the dynamic nature of the community, it is impossible for us to review or confirm the genuineness of user contributions posted on this website. We do not warrant the accuracy, completeness, merchantability, fitness for a particular purpose or usefulness of any user contribution posted in the forum or elsewhere on this website and we are not responsible for the contents or privacy of any message. Forum contributions express the views of the author of the message, not necessarily our views. You remain solely responsible for the content of your messages, and you agree to indemnify and hold us harmless in respect of any claim based upon transmission of your contributions.

You warrant that all information you provide for publication is accurate, not defamatory, not offensive, non discriminatory, does not infringe any Australian law, and does not infringe any intellectual property rights.

Critical commentary may be considered for publication if in the opinion of a site editor it provides a balanced (albeit alternative) opinion, is not sensationalised, provides justification of views and opinions, and otherwise meets these guidelines.

You must not denigrate any other community member or directory listing.

You agree that a representative from Joomla Australia, or a site editor, may remove any content you provide without notice, and may prevent re-submission of material for any reason, and at any time.

You grant us a perpetual, irrevocable, non-exclusive, royalty-free licence to display any contribution you make including, but not limited, to your account name, and any personally identifiable information you post.

Business Directory

The Australian directory is provided as a service to the Australian Joomla community. You do not have a "right" to be listed, and any listing is at the sole discretion of a site editor on the basis that the content meets these guidelines.

The intention of the directory is to promote the Joomla community in Australia, and the various service offerings available.

You warrant that all information you provide is accurate, not defamatory, not offensive, non discriminatory, does not infringe any Australian law, and does not infringe any intellectual property rights.

You must not denigrate any other community member or directory listing.

You must ensure your content is updated regularly, and remains current at all times.

You agree that a representative from Joomla Australia, or a site editor, may remove any content you provide without notice, and may prevent re-submission of material for any reason, and at any time.

Forum Code of Conduct

We may, but are under no obligation to, monitor or review any areas on the website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. We have no liability related to the content of such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

We may edit or remove content on the website at our discretion at any time.

Except where specifically provided, all messages posted on the forum are to be written in the English language.

If you have reason to believe that any material posted on the forum contravenes these Terms of Use, you may report such matters to the forum moderators. We are under no obligation to acknowledge or take any action based on these reports. Please use the "report to moderator" feature wisely; frivolous use or, in our opinion, abuse of this feature may result in the suspension or termination of your account.

Indemnification

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.

Advertising

Advertising on this site is prohibited, unless explicitly stated in an area reserved for advertising by the inclusion of the phrase "commercial advertising allowed" or by mutual consent between the parties.

Any attempts to solicit commercial business through the use of this website are strictly prohibited, except where explicitly allowed.

The use of forum signatures, that contain links to other websites or services that are inconsistent with the purposes for which this website exists, will be deemed at our discretion to be advertising and we reserve the right to take whatever action we consider appropriate including, but not limited to, terminating a user's access to use the website or its services.

Termination

These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the website. If you are dissatisfied with the website, the purposes for which it is created or any of its content or any of these terms, conditions and policies, your sole legal remedy is to discontinue using the website. We reserve the right to terminate or suspend your access to, and use of, the website or parts of the website without notice if we believe, in our sole discretion, that such use

  • is in violation of any applicable law;
  • is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or
  • where we have reason to believe that you are in violation of these Terms and Conditions of Use.

Links to Other Materials

The website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that we offer such links should not be construed in any way as an endorsement, authorisation, or sponsorship of that site, its content or the companies or products referenced there, and we reserve the right to note its lack of affiliation, sponsorship or endorsement on the website. If you decide to access any of the third party sites linked to by the website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Warranty disclaimer

The website and associated materials are provided on an "as is" and "as available" basis. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement of intellectual property. We make no representations or warranty that the website will meet your requirements, or that your use of the website will be uninterrupted, timely, secure, or error free; nor do we make any representation or warranty as to the results that may be obtained from the use of the website. We make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website.

In no event shall we be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use, misuse of or inability to use the website, even if we have been advised of the possibility of such damages. This disclaimer constitutes an essential part of this agreement. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

You understand and agree that any content downloaded or otherwise obtained through the use of the website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or business interruption that results from the download of content. We shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in or appearing on the website.

Your participation in the website is solely at your own risk. No advice or information, whether oral or written, obtained by you from us or persons appointed pro tempore by us to undertake activities on this website, shall create any warranty not expressly made here. You acknowledge, by your use of the the website, that your use of the website is at your sole risk.

Liability limitation. Under no circumstances and under no legal or equitable theory, whether in tort, contract, negligence, strict liability or otherwise, shall we be liable to user or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the the website or for any breach of security associated with the transmission of sensitive information through the website or for any information obtained through the website, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, work stoppage, accuracy of results, or computer failure or malfunction, even if we has been advised of or should have known of the possibility of such damages.

Our total cumulative liability for any and all claims in connection with the website will not exceed five Australian dollars (AUD 5.00). You agree and acknowledge that the foregoing limitations on liability are an essential basis of the bargain and that we would not provide the website in the absence of such limitation.

Copyright and Intellectual Property

The website is derived from other work. Joomla! is a registered trademark of Open Source Matters, Inc. in the U.S. and/or other countries.  Joomla! Australia is not affiliated with or endorsed by Open Source Matters, Inc.

Kunena and the Kunena logo are registered trademarks of the Kunena Project. Kunena, and all associated software and documentation developed by the Kunena Project, derives from copyrighted works licensed under the GNU General Public Licence. All software products developed by the Kunena Project are licensed pursuant to the GNU General Public Licence as of 29 June 2007 and, as distributed, include or are derivative of, works licensed under the GNU General Public Licence or other free or open source software licences, including other copyrighted works as attributed to within the source code.

You acknowledge and agree to include, in any modifications made by you as the result of information obtained from this site, whether or not you distribute such modified software to others, all original copyright notices embedded in the software source code and that you are liable for any representations that you make or civil claims made against you for the performance or non-performance of software you have modified.

In the event you believe that material or content published on this website may infringe on your copyright or that of another, please contact us via our forum.