WEBSITE TERMS AND CONDITIONS OF USE

  1. About the Website
    1.1. Welcome to www.rumbletumbles.com.au (‘Website’). The
    Website provides information about support services. .
    1.2. The Website is operated by RUMBLE TUMBLES. (ABN 15 639 007 677) . Access to and use
    of the Website, or any of its associated Products or Services, is
    provided by RUMBLE TUMBLES.
    Please read these terms and conditions (‘Terms’) carefully. By
    using, browsing and/or reading the Website, this signifies that
    you have read, understood and agree to be bound by the Terms.
    If you do not agree with the Terms, you must cease usage of the
    Website, or any of Services, immediately.
    1.3. RUMBLE TUMBLES reserves the right to
    review and change any of the Terms by updating this page at its
    sole discretion. When RUMBLE TUMBLES updates the Terms, it will use reasonable endeavours to
    provide you with notice of updates to the Terms. Any changes to
    the Terms take immediate effect from the date of their
    publication. Before you continue, we recommend you keep a
    copy of the Terms for your records.
  2. Acceptance of the Terms
    You accept the Terms by remaining on the Website. You may also accept the
    Terms by clicking to accept or agree to the Terms where this option is made
    available to you by RUMBLE TUMBLES in the user
    interface.
  3. Copyright and Intellectual Property
    3.1. The Website, the content and all of the related products of
    RUMBLE TUMBLES are subject to
    copyright. The material on the Website is protected by copyright
    under the laws of Australia and through international treaties.
    Unless otherwise indicated, all rights (including copyright) in the
    content and compilation of the Website (including but not limited
    to text, graphics, logos, button icons, video images, audio clips,
    Website, code, scripts, design elements and interactive features)
    or the content are owned or controlled for these purposes, and
    are reserved by RUMBLE TUMBLES or
    its contributors.
    3.2. All trademarks, service marks and trade names are owned,
    registered and/or licensed by RUMBLE TUMBLES, who grants to you a worldwide, non-exclusive, royaltyfree, revocable license whilst you are a Member to:
    RUMBLE TUMBLES does not grant you
    any other rights whatsoever in relation to the Website or the
    content. All other rights are expressly reserved by RUMBLE TUMBLES.
    (a) use the Website pursuant to the Terms;
    (b) copy and store the Website and the material contained in
    the Website in your device’s cache memory; and
    (c) print pages from the Website for your own personal and
    non-commercial use.
    3.3. RUMBLE TUMBLES retains all rights,
    title and interest in and to the Website and all related content.
    Nothing you do on or in relation to the Website will transfer any:
    to you.
    (a) business name, trading name, domain name, trade mark,
    industrial design, patent, registered design or copyright, or
    (b) a right to use or exploit a business name, trading name,
    domain name, trade mark or industrial design, or
    (c) a thing, system or process that is the subject of a patent,
    registered design or copyright (or an adaptation or
    modification of such a thing, system or process),
    3.4. You may not, without the prior written permission of RUMBLE TUMBLES and the permission of any
    other relevant rights owners: broadcast, republish, up-load to a
    third party, transmit, post, distribute, show or play in public, adapt
    or change in any way the content or third party content for any
    purpose, unless otherwise provided by these Terms. This
    prohibition does not extend to materials on the Website, which
    are freely available for re-use or are in the public domain.
  4. Privacy
    RUMBLE TUMBLES takes your privacy seriously and
    any information provided through your use of the Website and/or content are
    subject to RUMBLE TUMBLES’ Privacy Policy, which
    is available on the Website.
  5. General Disclaimer
    5.1. Nothing in the Terms limits or excludes any guarantees,
    warranties, representations or conditions implied or imposed by
    law, including the Australian Consumer Law (or any liability
    under them) which by law may not be limited or excluded.
    5.2. Subject to this clause 5, and to the extent permitted by law:
    (a) all terms, guarantees, warranties, representations or
    conditions which are not expressly stated in the Terms are
    excluded; and
    (b) RUMBLE TUMBLES will not be
    liable for any special, indirect or consequential loss or
    damage (unless such loss or damage is reasonably
    foreseeable resulting from our failure to meet an
    applicable Consumer Guarantee), loss of profit or
    opportunity, or damage to goodwill arising out of or in
    connection with the content or these Terms (including as a
    result of not being able to use the content or the late
    supply of the content), whether at common law, under
    contract, tort (including negligence), in equity, pursuant to
    statute or otherwise.
    5.3. Use of the Website and the content is at your own risk.
    Everything on the Website and the content is provided to you “as
    is” and “as available” without warranty or condition of any kind.
    None of the affiliates, directors, officers, employees, agents,
    contributors and licensors of RUMBLE TUMBLES make any express or implied representation or
    warranty about the content or any products or content (including
    the products or content of RUMBLE TUMBLES) referred to on the Website. This includes (but is not
    restricted to) loss or damage you might suffer as a result of any of
    the following:
    (a) failure of performance, error, omission, interruption,
    deletion, defect, failure to correct defects, delay in
    operation or transmission, computer virus or other harmful
    component, loss of data, communication line failure,
    unlawful third party conduct, or theft, destruction, alteration
    or unauthorised access to records;
    (b) the accuracy, suitability or currency of any information on
    the Website, the content, or any of its content related
    products (including third party material and
    advertisements on the Website);
    (c) costs incurred as a result of you using the Website, the
    content or any of the products of RUMBLE TUMBLES; and
    (d) the content or operation in respect to links which are
    provided for your convenience.
  6. Limitation of liability
    6.1. RUMBLE TUMBLES’ total liability
    arising out of or in connection with the content or these Terms,
    however arising, including under contract, tort (including
    negligence), in equity, under statute or otherwise, will not exceed
    the resupply of the content to you.
    6.2. You expressly understand and agree that RUMBLE TUMBLES, its affiliates, employees, agents,
    contributors and licensors shall not be liable to you for any direct,
    indirect, incidental, special consequential or exemplary
    damages which may be incurred by you, however caused and
    under any theory of liability. This shall include, but is not limited
    to, any loss of profit (whether incurred directly or indirectly), any
    loss of goodwill or business reputation and any other intangible
    loss.
    6.3. You acknowledge and agree that RUMBLE TUMBLES holds no liability for any direct, indirect,
    incidental, special consequential or exemplary damages which
    may be incurred by you as a result of providing your content to
    the Website.
  7. Termination of Contract
    7.1. If you want to terminate the Terms, you may do so by providing
    RUMBLE TUMBLES with 14 days’ notice
    of your intention to terminate by sending notice of your intention
    to terminate to RUMBLE TUMBLES via
    the ‘Contact Us’ link on our homepage.
    7.2. RUMBLE TUMBLES may at any time,
    terminate the Terms with you if:
    (a) you have breached any provision of the Terms or intend to
    breach any provision;
    (b) RUMBLE TUMBLES is required to
    do so by law;
    (c) RUMBLE TUMBLES is
    transitioning to no longer providing the Services to
    Members in the country in which you are resident or from
    which you use the service; or
    (d) the provision of the Services to you by RUMBLE TUMBLES, is in the opinion of RUMBLE TUMBLES, no longer
    commercially viable.
    7.3. Subject to local applicable laws, RUMBLE TUMBLES reserves the right to discontinue or cancel your
    access at any time and may suspend or deny, in its sole
    discretion, your access to all or any portion of the Website or the
    Services without notice if you breach any provision of the Terms
    or any applicable law or if your conduct impacts RUMBLE TUMBLES’ name or reputation or violates the
    rights of those of another party.
    7.4. When the Terms come to an end, all of the legal rights,
    obligations and liabilities that you and RUMBLE TUMBLES have benefitted from, been subject
    to (or which have accrued over time whilst the Terms have been
    in force) or which are expressed to continue indefinitely, shall be
    unaffected by this cessation, and the provisions of this clause
    shall continue to apply to such rights, obligations and liabilities
    indefinitely.
  8. Indemnity
    8.1. You agree to indemnify RUMBLE TUMBLES, its affiliates, employees, agents, contributors, third party
    content providers and licensors from and against:
    (a) all actions, suits, claims, demands, liabilities, costs,
    expenses, loss and damage (including legal fees on a full
    indemnity basis) incurred, suffered or arising out of or in
    connection with your content;
    (b) any direct or indirect consequences of you accessing,
    using or transacting on the Website or attempts to do so;
    and/or
    (c) any breach of the Terms.
  9. Dispute Resolution
    9.1. Compulsory:
    If a dispute arises out of or relates to the Terms, either party may
    not commence any Tribunal or Court proceedings in relation to
    the dispute, unless the following clauses have been complied
    with (except where urgent interlocutory relief is sought).
    9.2. Notice:
    A party to the Terms claiming a dispute (‘Dispute’) has arisen
    under the Terms, must give written notice to the other party
    detailing the nature of the dispute, the desired outcome and the
    action required to settle the Dispute.
    9.3. Resolution:
    On receipt of that notice (‘Notice’) by that other party, the parties
    to the Terms (‘Parties’) must:
    (a) Within 30 days of the Notice endeavour in good faith to
    resolve the Dispute expeditiously by negotiation or such
    other means upon which they may mutually agree;
    (b) If for any reason whatsoever, 30 days after the date of the
    Notice, the Dispute has not been resolved, the Parties
    must either agree upon selection of a mediator or request
    that an appropriate mediator be appointed by the
    President of the Australian Mediation Association or his or
    her nominee;
    (c) The Parties are equally liable for the fees and reasonable
    expenses of a mediator and the cost of the venue of the
    mediation and without limiting the foregoing undertake to
    pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must
    each pay their own costs associated with the mediation;
    (d) The mediation will be held in Albury, Australia.
    9.4. Confidential
    All communications concerning negotiations made by the
    Parties arising out of and in connection with this dispute
    Approved by
    resolution clause are confidential and to the extent possible,
    must be treated as “without prejudice” negotiations for the
    purpose of applicable laws of evidence.
    9.5. Termination of Mediation:
    If 3 months have elapsed after the start of a mediation of the
    Dispute and the Dispute has not been resolved, either Party may
    ask the mediator to terminate the mediation and the mediator
    must do so.
  10. Venue and Jurisdiction
    The Services offered by RUMBLE TUMBLES is
    intended to be viewed by residents of Australia. In the event of any dispute
    arising out of or in relation to the Website, you agree that the exclusive venue
    for resolving any dispute shall be in the courts of New South Wales, Australia.
  11. Governing Law
    The Terms are governed by the laws of New South Wales, Australia. Any
    dispute, controversy, proceeding or claim of whatever nature arising out of or in
    any way relating to the Terms and the rights created hereby shall be governed,
    interpreted and construed by, under and pursuant to the laws of New South
    Wales, Australia, without reference to conflict of law principles, notwithstanding
    mandatory rules. The validity of this governing law clause is not contested. The
    Terms shall be binding to the benefit of the parties hereto and their successors
    and assigns.
  12. Independent Legal Advice
    Both parties confirm and declare that the provisions of the Terms are fair and
    reasonable and both parties having taken the opportunity to obtain independent
    legal advice and declare the Terms are not against public policy on the grounds
    of inequality or bargaining power or general grounds of restraint of trade.
  13. Severance
    If any part of these Terms is found to be void or unenforceable by a Court of
    competent jurisdiction, that part shall be severed and the rest of the Terms shall
    remain in force.