Every Ounce Counts Pty Ltd

Terms of Use

This website is owned and operated by Every Ounce Counts Pty Ltd (“EOC”).

1. Your Acceptance

By using and/or visiting this website (including any country-specific domains or sub-domains of the “Every Ounce Counts” website), you agree to be bound by the following terms and conditions and subsequent privacy policy. EOC reserves the right to change these terms at any time, without notice, and you agree to be bound by such modifications or revisions.

2. Every Ounce Counts Website

These Terms of Use apply to all users of the EOC Website, including businesses/organisations (“Clients”) who submit offers via the website and Consumers who view and access such offers.

The use of the EOC Website by a Client is at the sole risk of the Client and the liability of EOC is limited by these Terms of Use.

We cannot and do not screen all Client Offers included in the site. As such, we do not assume any responsibility for the content included in the EOC Website, and will not be responsible for any errors or omissions contained in the EOC Website, or any offensive or otherwise objectionable content contained in the EOC Website.

The EOC Website may contain information and links to third parties and third party websites that are not owned or controlled by EOC. EOC has no control over, and assumes no responsibility for, accuracy of information, currency, the content, privacy policies or practices of any third party websites. By using the EOC Website, you remove EOC from any liability resulting from your use of any third party website.

3. Consumer/Business User Accounts

In order to access some features of the EOC Website, you will be required to create a user account. You may never use another user’s account without express permission from that user. Information provided for the creation of your user account must be accurate and complete. It is your responsibility to ensure your user password is kept secure to avoid any unauthorised activity that occurs on your account. Should you become aware of any unauthorised access to your account you must notify EOC immediately. EOC does not warrant or guarantee that user accounts will be protected from use by others without authorisation, and EOC will not be liable for any loss caused by unauthorised access to your account. The account holder will be held responsible for all account activity.

Please refer to the EOC Privacy Policy for details regarding the protection of your personal information.

4. Website Use – Permissions and Restrictions

You will be permitted to access and use the EOC Website as per these Terms of Use. By using or accessing the EOC Website, you agree to comply with the terms and conditions set out in these Terms of Use as well as all applicable national and international laws and regulations.

You are restricted from doing any of the following:

1. Altering or modifying any part of the EOC Website;
2. Infringing on any copyrights included as part of the EOC Website, including copyrights belonging to Clients who advertise through the EOC Website; and
3. Using the EOC Website for any commercial use without the prior written consent of EOC. This includes, but is not limited to:

1. Sale of access to the EOC Website or another website; and
2. Any use of the EOC Website, EOC resources or Client submissions/offers with the intent of competing with or displacing the market for EOC.

5. Consumer Use of Site Content

You agree not to:

1. use, copy or distribute any of the content unless otherwise expressly permitted by EOC; and
2. circumvent, disable or otherwise interfere with security-related features of the EOC Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the EOC Website or the Content therein.

6. Client Submissions and Conduct

1. You are solely responsible for your own submission of offers and any consequences of advertising them. You affirm that you own or have the necessary licences, rights, consents and permissions to use and authorise EOC to use all trade mark, copyright or other proprietary rights in and to Client submissions to enable inclusion and used of the submissions in the manner contemplated by the EOC Website and these Terms of Use.
2. You retain all ownership rights in your offers. However, through the use of the EOC Website, you grant the following licences:
   1. To EOC – a worldwide, royalty free, transferable licence to use, reproduce and distribute your offers in connection with the EOC Website, including without limitation for promoting and redistributing part or all of the EOC Website in any media formats and though any media channels; and
   2. To each user of the EOC Website – a non-exclusive licence to access your offers through the EOC Website, and to use, reproduce, distribute and display such submissions as permitted through the functionality of the EOC Website and under these Terms of Use.
      
      The above licences granted by you terminate on removal of your offer from the EOC Website.
      
      
3. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have the express permission of the rightful owner of the proprietary rights to post the material on the EOC Website and to grant EOC all of the licence rights herein. 
4. You agree that you will not submit any adult or explicit content, or any material which is contrary to applicable national and international laws and regulations.
5. EOC does not endorse any Client offers and expressly disclaims any and all liability in connection with Client offers. EOC does not allow copyright infringing activities and infringement of intellectual property rights on the EOC Website. EOC will remove all Content and Client offers if properly notified that such Content infringes on another’s intellectual property rights. EOC reserves the right to remove Client offers without notice. EOC does not accept responsibility for the use, misuse or otherwise of the intellectual property rights of Clients.

7. Refunds Policy

The Client acknowledges and agrees that EOC will not be liable to pay any refunds for the Client's use of the EOC website under any circumstances.

8. Account Termination Policy

EOC reserves the right to terminate a user’s access to the EOC Website in its absolute discretion and whether or not it is determined they have been notified of activity infringing these Terms of Use more than twice (“repeat infringer”).

9. Trademarks

“Every Ounce Counts” is a registered trademark of EOC. You are not permitted to use, modify or permit the use or modification of any of the above trademarks without the prior written consent of EOC, and EOC fully reserves its rights at law if any Consumers or Clients use a registered trademark of EOC without the express approval of EOC (which may be given or withheld in EOC’s absolute discretion).

10. Warranty Disclaimer

You agree that your use of the EOC Website is at your sole risk. To the fullest extent permitted by law, EOC, its officers, directors, employees and agents disclaim all warranties, express or implied, connected with the EOC Website and your use thereof. EOC and their representative contractors make no representations about the accuracy, completeness, currency or suitability of the information or links provided on the EOC Website. 

EOC assumes no liability or responsibility for the following:

1. Any errors, mistakes or inaccuracies of content;
2. Any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
3. Any interruption of cessation of transmission to or from our website;
4. Any bugs, viruses or the like which may be transmitted through or to our website by any third party;
5. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content made available via the EOC Website; and
6. Any product or service advertised or offered by a third party through the EOC Website or any hyperlinked website or featured in any banner or other advertising.     

11. Limitation of Liability

In no event will EOC, its officers, directors, employees and agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from:

1. Any errors, mistakes or inaccuracies of content;
2. Any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
3. Any interruption of cessation of transmission to or from our website;
4. Any bugs, viruses or the like which may be transmitted through or to our website by any third party;
5. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content made available via the EOC Website, whether based on warranty, contract, tort or other legal theory, and whether or not EOC is advised of the possibility of such damages.

While the forgoing limitation of liability will apply to the fullest extent permitted by law, where conditions, lawful or possible to exclude them, then those conditions, warranties or other rights will (but only to the extent required by law) apply to this agreement.

You specifically acknowledge that EOC will not be liable for Client offers or the defamatory, offensive or illegal conduct of any third party. You use the EOC Website, information and links at your own risk.

The EOC Website is controlled and hosted in Australia and is intended for and directed to users in Australia. International users who access or use the EOC Website do so at their own volition and are responsible for compliance with local laws.

12. Indemnity

You agree to defend, indemnify and hold harmless EOC, its officers, directors, employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees) arising from:

1. You use of and access to the EOC Website;
2. Your violation of any term of these Terms of Use;
3. Your violation of any third party right, including without limitation to copyright, property and privacy right; and
4. Any claim that one of your Client offers caused damage to a third party.

This defence and indemnification obligation will survive these Terms of Use and your use of the EOC Website.

13. Ability to Accept Terms of Use

You assert that you are either aged 18 years or above or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and agree to abide by and comply with these Terms of Use.

14. GoogleMaps Service

The GoogleMaps© displayed on the EOC Website have been generated by Google and are in accordance with Google APL regulations and Terms of Use.

For more information regarding GoogleMaps mapping data source, quality, accuracy and terms and conditions of the use of GoogleMaps, visit www.google.com

14. Effective Date, Date Last Modified

These Terms of Use are effective as of 8 September 2009.

These Terms of Use were last modified on 8 September 2009.