This Internet “Microminimus” web site (‘Site’) is owned and operated by Wicked Weasel Pty Limited, ABN 2300 392 7553 (‘Wicked Weasel’). The following provisions set out the terms and conditions (‘Terms and Conditions’) under which any person accessing and using the Site (‘You’ and ‘Your’) may:
- Access and use the Site, including any pages or information linked to it that are owned and operated by Wicked Weasel; and
- Purchase a Service or Services from Wicked Weasel through membership link on the Site.
- Utilise the community messaging facilities.
By accessing and using the Site, You agree to be bound by the Terms and Conditions. Please read the following Terms and Conditions carefully before accessing and using the Site. Your accessing and using the site is manifestation of agreement by you to be bound by these Terms and Conditions.
The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (‘the Works’), is the exclusive property of Wicked Weasel or its content suppliers, and is protected by Australian and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party. As such, You agree not to use the Works in any way that is adverse to the Licence granted to You under these Terms and Conditions.
The mark “Microminimus” and “Wicked Weasel” indicated on the Site, are the registered trademarks of Wicked Weasel in Australia, throughout the European Union, The United States of America and numerous other countries throughout the world. These marks may not be used, in any way, without the prior written permission of Wicked Weasel.
5.1. Wicked Weasel grants You a limited, non-exclusive, revocable licence to: access, use, and download the Works contained in the Site solely for non commercial and personal purposes; access and use the Site solely for non-commercial and personal purposes; and if You are an internet service provider, supply the Works contained in the Site to Your subscriber.
5.2. Any conduct with respect to any of the Works contained in the Site, other than that described in clause 5.1 (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of Wicked Weasel), is strictly prohibited.
5.3. Any conduct with respect to the Works that is authorised by Clause 5.1, must include the Wicked Weasel copyright notice “© 2001 Wicked Weasel Pty Limited. All Rights Reserved” and any other credits, trademarks or other legal notices applicable to the Works.
6. Use of the site by Minors (Children)
Wicked Weasel does not target as customers, or solicit data from, persons under the age of eighteen (18) years (‘Minors’). Minors should obtain the consent of a parent or guardian prior to accessing and using the Site.
7. Submission of material to the site
7.1. Wicked Weasel may invite (‘Invitation’) You to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response (‘Material’), to the Site (particularly to the ‘Contributors Gallery’ and ‘Bikini Competition’ and ‘Messaging’ sections of the Site).
7.2. Upon the Invitation of Wicked Weasel, You may submit Material to the Site, provided that such Material:
- Is accurate;
- Is not defamatory, obscene, threatening, pornographic, offensive or inappropriate;
- Does not violate any applicable law, including communications that would give rise to criminal or civil liability;
- Does not advocate or otherwise condone any illegal activity;
- Does not infringe the intellectual property rights of any third party;
- Does not violate or infringe the rights of any person or entity, including a person’s right of privacy; or
- Does not consist of, or contain computer viruses, malicious computer code, computer trojan, political campaigning, commercial solicitation, chain letters, mass mailings, or
- Any form of ‘spam.’
7.3. Wicked Weasel shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. Wicked Weasel nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions, Posting Rules or otherwise deemed to be inappropriate by the management of Wicked Weasel.
7.4. Wicked Weasel reserves the right at its sole discretion to cancel any membership of any subscriber without refund if there is any breach or breaches of the provisions set out in clauses 7.1 – 7.6 and/or 5.
7.5. In consideration for Wicked Weasel granting You an opportunity to submit Material to the Site, You hereby agree that:
- Such Material is non-confidential; and
- By submitting such Material, pursuant to section 196(4)of the Copyright Act 1968 (Cth)(http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s196.html ) You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act 1999 (Cth)) authorising the assignment of all rights, title and interest in all such Material to Wicked Weasel, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity.
7.6. You warrant and represent that:
- Any Material submitted to the Site is original and will not infringe or breach any law or any person’s right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence whether created under statute, at common law or in equity);
- Any Material submitted to the Site is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to Wicked Weasel, free from any claim by any person or legal entity;
- You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and any use of the Material by Wicked Weasel in perpetuity, without any requirement for Wicked Weasel to make any payment to You or such third parties, and can provide any written evidence of this to Wicked Weasel on Wicked Weasel’s request;
- You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit Wicked Weasel’s rights to use the Material;
- As to living people identifiable in the Material, if any, You have acquired written permissions and releases permitting the exclusive use of the said person’s name, likeness and life story in connection with any use of the Material and You hereby assign such rights to Wicked Weasel;
- You will enter into any formal written documentation if required by Wicked Weasel, to reiterate Your assignment of all rights in the Material to Wicked Weasel; and
- You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.
8. Purchase of Membership Service or Services
8.1. The pricing aspects of the Terms and Conditions of membership are set out on the home page under “About Microminimus”.
8.2. At the expiration of the membership period being 12 months from the anniversary of the commencement date subscribers to the Site will be required to re apply for membership of the Site.
8.3. Wicked Weasel warrants that it does not retain on file any details of subscribers credit or debit cards.
8.4. Wicked Weasel reserves the right to vary the membership fee at any time.
8.5. A Microminimus site member may cancel their membership at any time but no refund for the unexpired portion of the membership period will be granted.
9. Disclaimer of warranties and limitation of liability
9.1. Wicked Weasel reserves the right to modify or adapt any part of the Site and or the Works (including information about the service, including these terms and conditions) without notifying current or prospective customers, users or subscribers.
9.2. Wicked Weasel is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. Wicked Weasel intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, all Works are provided “as is”, without any warranty of any kind.
9.3. Wicked Weasel’s liability for a breach of a condition or warranty implied by Pt 3-2 Div 1 of the Australian Consumer Law is limited to:
(1) in the case of goods, any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
© the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the cost of having the goods repaired; or
(2) in the case of services:
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again.3
9.4. To the full extent permitted by law, Wicked Weasel, its related bodies corporate (as that expression is defined under the Corporations Law) and their directors, employees and/or agents will not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.
9.5. If Clause 9.4 is unenforceable in whole or in part in any jurisdiction, due to relevant laws in that jurisdiction, then in no event will the liability of Wicked Weasel to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Service or Services from Wicked Weasel, pursuant to an Agreement, through the Site.
9.6. Wicked Weasel will in no way be liable for any third party content, Material, Works, website links or websites connected to such links whether or not the User accessed such content, Material, Works or website links directly or indirectly from the Site or as a result of a posting made on the Site by a subscriber.
You agree to indemnify Wicked Weasel and hold Wicked Weasel indemnified from and against any and all actions, liabilities, claims, costs and expenses (including reasonable legal costs and expenses) arising out of Your use of the Site or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.
11. Links to third party sites
Wicked Weasel makes no representations whatsoever about any other web sites which You may access from this Site (‘Third Party Site’). A link from this Site to a Third Party Site does not mean that Wicked Weasel endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user.
12. Electronic communications
12.1. You consent to receiving communications from Wicked Weasel electronically, including electronic mail or notices posted on the Site.
12.2. You acknowledge that all agreements, notices, disclosures and other communications that Wicked Weasel provides to You and that You provide to Wicked Weasel electronically, satisfy any legal requirement that such communications be in writing.
Wicked Weasel may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice (‘Notice’):
- By electronic mail; or
- By ordinary post to your address contained in the Customer Details; or
- By posting on the Site.
14.1. The Terms and Conditions constitute:
- The entire agreement between Wicked Weasel and You regarding Your use of the Site, and Your grant of all rights in any Material submitted to the Site; and
- Part of an Agreement for You to purchase a Membership Subscription from Wicked Weasel through the Site, as provided for in Clause 8.
14.2. The Terms and Conditions supersede all previous, written or oral agreements between You and Wicked Weasel.
14.3. No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.
14.4. A construction of this document that results in all provisions being enforceable is to be preferred to a construction that does not so result. If, despite the application of this clause, any provision of the Terms and Conditions is held to be unlawful, invalid, frustrated, illegal, unenforceable or in conflict with any law in Australia, then any such provision will, to the necessary extent, be read down or severed from the Terms and Conditions, as applicable, and the remaining provisions will not be affected.
14.5. Your indemnity and assignment of all rights in any Material submitted to Wicked Weasel and the Site will survive any change to, or termination of, the Terms and Conditions.
15.1. In this document, unless the context otherwise requires, the following rules of interpretation apply:
• A reference to any law or legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.
• A reference to any agreement or document is to that agreement or document as amended, notated, supplemented or replaced from time to time.
• A reference to a clause is a reference to a clause, of this document unless otherwise stated.
• An expression importing a natural person includes any company, trust, partnership, joint venture, association, corporation, body corporate or governmental agency.
• Where this agreement is entered into by a natural person or persons for or on behalf of a corporation, that person or those persons and the corporation’s directors shall be deemed to be held jointly and severally liable for the corporation’s obligations pursuant to this agreement.
• The Site is an Australian English language based site. Therefore, where any issue arises in regard to the interpretation of any word or words contained on the site such issue shall be resolved by reference to the Macquarie Dictionary (Butler, S (ed)).
Except as expressly permitted by the terms and conditions, You must not assign your Membership, including but not limited to, any of your rights or obligations under this document without the prior written consent of Wicked Weasel. That consent may be given or withheld in Wicked Weasel’s absolute discretion.
17. Applicable Law
The Terms and Conditions shall be governed by, and construed according to, the laws of New South Wales, Australia. Any dispute under the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Courts of New South Wales and, by using the Site, You hereby submit to that jurisdiction.
You hereby agree, prior to instituting legal proceedings, to contact Wicked Weasel, via post to the address below, and to make a genuine attempt to resolve the dispute directly.
Wicked Weasel Pty Limited
156 Jonson Street
Byron Bay NSW 2481