Website Terms

Introduction

MYSYMPATHY (the “Website”) is owned and operated by WISHFUL MEDIA (ABN. 56 671 543 693). These terms and conditions govern your use of the Website; by using the Website, you accept these terms and conditions in full. If you disagree with any part of these Terms and Conditions, you must not use this Website.

License to Use Website

Unless otherwise stated, WISHFUL MEDIA owns the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from MYSYMPATHY (including republication on another website);
  • sell, rent or sub-license material from the Website;
  • show any material from the Website in public;
  • reproduce, duplicate, copy or otherwise exploit material on MYSYMPATHY for a commercial purpose;
  • edit or otherwise modify any material on the Website; or
  • redistribute material from MYSYMPATHY .

Acceptable Use

You are responsible for your use of MYSYMPATHY, for any Content you post on the Website, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of MYSYMPATHY. You should only provide content that you are comfortable sharing with others under these terms.

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of MYSYMPATHY; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without MYSYMPATHY’s express written consent.

You must not use the Website:

  1. to transmit or send unsolicited commercial communications;
  2. for any purposes related to marketing without MYSYMPATHY’s express written consent.

While using MYSYMPATHY you must not:

  1. provide any false, misleading or deceptive information;
  2. be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable in the opinion of MYSYMPATHY;
  3. harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication.

In consideration of your access and use of MYSYMPATHY, you agree to

  1. provide accurate, current and complete information about yourself as may be prompted by any Joining forms on the Websites ("Joining Information");
  2. maintain the security of your password and identification;
  3. notify us immediately if you suspect unauthorised use of your account or access to your password;
  4. maintain and promptly update the Joining Information, and any other information you provide to MYSYMPATHY, to ensure that it is accurate, current and complete; and
  5. be fully responsible for all use of your account and for any actions that take place using your account.

User Content

In these terms and conditions, “Your User Content” , “User Content” and “Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to MYSYMPATHY, for whatever purpose.

You grant to WISHFUL MEDIA a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to WISHFUL MEDIA the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or WISHFUL MEDIA or a third party (in each case under any applicable law).

You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

WISHFUL MEDIA reserves the right to edit or remove any material submitted to this website, or stored on WISHFUL MEDIA’s servers, or hosted or published upon MYSYMPATHY.

You are solely responsible for any material, communication, information (including your User Content and details), messages, files, notes, text, photos, music, videos, images, advertisements, listings, URLs and other content (together, “Your User Content”) that you upload, post, transmit, share, store or otherwise make available on MYSYMPATHY.

You represent and warrant that (a) you have all the necessary rights to post the User Content on MYSYMPATHY; (b) you will not post any illegal or prohibited User Content; and (c) the posting of your User Content on or through MYSYMPATHY will not infringe, violate or contravene any third party rights (including, without limitation, copyright, trademark, privacy, publicity or other intellectual property or proprietary rights).

If you believe that any work in which you own intellectual property rights appears on the Website without your consent, you may notify us by email at This email address is being protected from spambots. You need JavaScript enabled to view it. Such notice must provide details of the work, your intellectual property rights in the work, and the locations where you allege the work appears on MYSYMPATHY.

WISHFUL MEDIA reserves the right to edit or remove any material submitted to this website, or stored on the servers of WISHFUL MEDIA, or hosted or published upon MYSYMPATHY.

WISHFUL MEDIA’s rights under these terms and conditions in relation to User Content, WISHFUL MEDIA does not undertake to monitor the submission of such content to, or the publication of such content on, MYSYMPATHY.

Policy towards children

MYSYMPATHY is intended solely for visitors and Users who are 13 years of age or older. Any joining by, use of or access to the Websites by anyone under 13 years of age is unauthorised, unlicensed and in violation of the Terms of Use. By using the Website, you represent and warrant that you are 13 years old or older, your use of MYSYMPATHY does not violate any applicable law or regulation, and that you agree to and to abide by all of the terms and conditions of the Terms of Use.

Restricted Access

Access to certain areas of this website is restricted. MYSYMPATHY reserves the right to restrict access to other areas of this website, or indeed this entire website, at MYSYMPATHY’s discretion.

If MYSYMPATHY provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

MYSYMPATHY may disable your user ID and password in MySmpathy’s sole discretion without notice or explanation.

PROLONGATION AND SUBSCRIPTION CHARGES

For the current fees for prolongations (keep online) and business services in connection with MYSYMPATHY, please go to the relevant pages. WISHFUL MEDIA reserves the right to change the fees it charges for prolongations, services or features offered in connection with MYSYMPATHY, or introduce new fees, from time to time. Prolongations or services (including your subscription) that already have been paid for won't be affected by the new fees until they expire.

Unless stated otherwise by WISHFUL MEDIA, in order to register for or purchase a service or prolongation, you must be registered as a member or accept registration on MYSYMPATHY by submitting valid details. Valid payments will be processed immediately or, if applicable, immediately upon the expiry of your (free trial) subscription. Your subscription commences on the day that your payment is banked by us. If, subsequently your payment can't be confirmed, your subscription will be cancelled and you will have to make a new payment. After each confirmed payment you will be given notification via email of the commencement of your subscription.

If any subscription fees or other charges billed to your nominated account are not processed for any reason, WISHFUL MEDIA shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including legal fees) incurred by WISHFUL MEDIA in collecting any unpaid subscription fees or other charges from you. If payment in full is not received from you, WISHFUL MEDIA reserves the right to cancel your subscription. Subscription fees will apply whether or not you actually use your subscription.

TERMINATION OR CANCELLATION OF YOUR BUSINESS SUBSCRIPTION

Subject to any conditions and cancellation fees noted below, you may cancel your MYSYMPATHY business subscription at any time by email. You cannot suspend your subscription to MYSYMPATHY.

If you cancel a business subscription you will generally be entitled to a pro rata refund for any unused months minus the undiscounted fee of one month.

No refund will be paid in relation to prolongations, month-by-month or, trial subscriptions.

Business subscriptions won't be renewed automatically on the subscription expiry date. If you wish to renew your subscription, you can purchase a new subscription at any time before or after the current subscription expiry date. The new subscription period will start automatically at the end of the last purchased subscription expiry date.

When you provide us with notice to cancel your subscription or when your subscription ends, you will still be registered for and have access to your free directory listing at no charge.

WISHFUL MEDIA may immediately cancel your subscription, without notice or liability (including for any refund or credit to you), if we determine, acting reasonably, that: (i) you have breached any portion of these Subscription Terms or the general terms and conditions for use of MYSYMPATHY or (ii) your use of or access to MYSYMPATHY violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing MYSYMPATHY or any other service offered by WISHFUL MEDIA on MYSYMPATHY.

WISHFUL MEDIA also reserves the right to cancel your subscription for any reason, provided that we give you written notice of such cancellation and, in the event of cancellation, pay you a pro-rata refund for the outstanding portion of your subscription.

None of the foregoing limits any other legal, equitable, or contractual rights available to WISHFUL MEDIA.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. WISHFUL MEDIA makes no representations or warranties in relation to the Website or the information and materials provided on the Website.

Without prejudice to the generality of the foregoing paragraph, WISHFUL MEDIA does not warrant that:

  • the Website will be constantly available, or available at all; or
  • the information on the Website is complete, true, accurate or non-misleading.

Nothing on MYSYMPATHY constitutes, or is meant to constitute, advice of any kind.

Limitations of Liability

You understand that by using the Website, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, information that has been mislabelled or are otherwise deceptive.

WISHFUL MEDIA will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website:

Under no circumstances will WISHFUL MEDIA be liable to you in any way for any Content of, or use of, or otherwise in connection with, this website:

  • to the extent that the Website is provided free-of-charge, for any direct loss;
  • including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if MYSYMPATHY has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit WISHFUL MEDIA’s liability in respect of any:

  • death or personal injury caused by WISHFUL MEDIA’s negligence;
  • fraud or fraudulent misrepresentation on the part of WISHFUL MEDIA; or
  • matter which it would be illegal or unlawful for WISHFUL MEDIA to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Other Parties

You accept that, as a limited liability entity, WISHFUL MEDIA has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against WISHFUL MEDIA’s officers or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect WISHFUL MEDIA’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as WISHFUL MEDIA.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, the remaining provisions of this website disclaimer will continue to be valid and enforceable to the maximum extent permitted by law.

Indemnity

You hereby indemnify WISHFUL MEDIA and undertake to keep WISHFUL MEDIA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by WISHFUL MEDIA to a third party in settlement of a claim or dispute on the advice of WISHFUL MEDIA’s legal advisers) incurred or suffered by WISHFUL MEDIA arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

Breaches of These Terms and Conditions

Without prejudice to WISHFUL MEDIA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, WISHFUL MEDIA may take such action as WISHFUL MEDIA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you and/or reporting you to the appropriate law enforcement authorities.

Variation

WISHFUL MEDIA may revise these terms and conditions at any time without prior notice. Revised Terms and Conditions will apply to the use of this website from the date of the publication of the revised Terms and Conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

WISHFUL MEDIA may transfer, sub-contract or otherwise deal with WISHFUL MEDIA’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Termination of membership

As a User you may terminate your free membership at any time, for any reason, by giving written or email notice to MYSYMPATHY.

WISHFUL MEDIA may suspend, terminate or prohibit your access to or use of the Website, or your membership, delete your User Profile and any User Content or information that you have posted on MYSYMPATHY, for any reason or no reason, at any time in its sole discretion, without any prior notice, including if we believe that you have contravened any provision of the Terms of Use. Where we have been notified that a User has died, we may, but are under no obligation to, keep the User's account active under a special status for a period of time as determined in WISHFUL MEDIA’s absolute discretion, or take such actions as may be necessary to transfer the account to the rightful owner after death.

Even after your membership is terminated, the provisions of the Terms of Use will remain in full force and effect.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms and Conditions, together with our Privacy, constitute the entire agreement between you and WISHFUL MEDIA in relation to your use of MYSYMPATHY, and supersede all previous agreements in respect of your use of the Website.

Law and Jurisdiction

By accessing and using MYSYMPATHY, you agree that the laws of the State of South-Australia and the Federal Court of Australia, without regard to the principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between you and WISHFUL MEDIA.

Use of this website indicates your acceptance of these Website Terms.

If you have any questions about these Terms, please let us know.

Date of last revision: 22-06-2016

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