WEBSITE TERMS AND CONDITIONS OF USE
- 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.
- 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
- 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
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
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:
(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.
RUMBLE TUMBLES takes your privacy seriously and
any information provided through your use of the Website and/or content are
is available on the Website.
- 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
(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
(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.
- 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
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
- 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
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
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;
(c) any breach of the Terms.
- Dispute Resolution
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).
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.
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
(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.
All communications concerning negotiations made by the
Parties arising out of and in connection with this dispute
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.
- 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.
- 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
- 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.
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.