Terms Of Use
General Terms and Condition
1. Access
1.1 Handyman reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that Handyman believes, in its sole discretion: (a) violates any term or provision of these Terms of Use; or (b) violates the rights of Handyman or third parties; or (c) is otherwise inappropriate for continued access and use of the Site. 2. User Conduct 2.1 You must not use the Site to: (a) impersonate or otherwise misrepresent your identity, age or affiliation with any other person or entity (including, without limitation, where the Site requires you to register in order to use it); (b) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any Content of the Site (as defined in 3.1 below); (c) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (d) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means; (e) commit forgery (or attempted forgery), or harm minors in any way; (f) send junk, obscene, indecent, defamatory, offensive, ethnically objectionable or threatening electronic communications (including without limitation e-mails or material posted at a Handyman forum) or “spam” to people who would not wish to receive mail from you; (g) conduct, display, forward, distribute, promote or publish surveys, contests, pyramid schemes, or chain letters; (h) conduct, display, forward, distribute, promote or publish any material containing any solicitation of funds, advertising or solicitation for goods or services, without Handyman prior written consent; (i) e-mail, post or transmit any material that you do not have a right to e-mail, post or transmit (including but not limited to material that infringes third party intellectual property rights or that is confidential information); (j) collect, use, disclose or store personal data about other users, including e-mail addresses; or (k) violate any applicable state, Commonwealth or international law, convention or regulation.
2.2 You are responsible for maintaining the confidentiality and security of any passwords and/or identification or log-in information for the Site. You agree to notify Handyman immediately of any unauthorised use of your password or any other breach of security.
3. Intellectual Property Rights
3.1 The information, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the “Content”) is protected by copyright, trade mark and other intellectual property laws.
3.2 You must not modify, copy, reproduce, republish, frame, upload to a third party, communicate to the public, transmit or distribute in any way any of the Content except as expressly provided in these Terms of Use or as permitted by the Copyright Act.
3.3 The Handyman logo and name are the trade marks of Handyman, and may not be used as part of your business or in connection with any goods or services without the prior written consent of Handyman.
3.4 With respect to all information or material submitted to Handyman in connection with the Site (including without limitation e-mails and information posted to Handyman bulletin boards or forums), you grant Handyman a perpetual, irrevocable, non-exclusive licence to use, reproduce, publish, communicate to the public, translate, and distribute such communications worldwide in any form, and by any media or technology now known or later developed. Such licences shall be royalty free, except as expressly agreed by Handyman and set out in the Site or in the Handyman Magazine. For example, Handyman may from time to time offer in the Handyman Magazine to pay the reader a set fee for jokes submitted by that reader which are published in the Handyman Magazine.
4. Subscribing to Handyman
4.1 Handyman makes available to users on this Site certain subscription services (for example, an annual subscription to the Handyman Magazine).
4.2 When you subscribe to any subscription service offered on this Site, you will be obliged to click on an icon indicating that you have read, understood and accepted these Terms of Use and the Handyman Subscription Terms and any other terms and conditions that may apply.
4.3 You will not be allowed to subscribe unless you indicate your acceptance to these Terms of Use, the Handyman Subscription Terms and any other term and conditions that may apply.
5. Bulletin/Message Boards & Forums
5.1 You expressly acknowledge and agree that all bulletin/message boards and forums on this Site provide a means of public, not private, communication.
5.2 Neither Handyman nor any of its officers, directors, employees, agents or related bodies corporate accept any responsibility or liability for any information posted or submitted by you (or any other users of the Site) to any bulletin/message boards or forums on the Site, nor for any use or misuse which you or any other users of the Site make of information or material which you (or any other users of the Site) submit to bulletin/message boards or the discussion forum.
5.3 The submission of any communications to Handyman in no way creates any obligation or duty on the part of Handyman to post or use such materials or, if we do so, to give you credit.
6. Information (including health information) is NOT advice
6.1 The information provided on this Site (including but not limited to health information) is not intended to be advice. Your particular circumstances will affect the applicability and relevance of information contained in this Site.
6.2 You should seek professional advice before relying or acting upon the information conveyed in any publication on this Site.
6.3 Health Information:Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
7. Links & Advertising
7.1 This Site may contain links to third party websites. Those sites are not under the control of Handyman, and Handyman is not responsible for the content or the links contained in those sites. Neither Handyman nor its officers, directors, employees, agents, or relate bodies corporate recommend or endorse the content of any third party sites which may be linked to or from the Site, or products or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.
7.2 The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Handyman nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Site, you do so at your own risk.
8. Competitions
8.1 Handyman may from time to time run competitions or other promotions on this Site. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
9. Disclaimer of Warranties & Limitation of Liability
9.1 Subject only to 9.2 below:
(a) This Site is provided by Handyman on an “as is” basis without any express or implied warranty of any kind;
(b) The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties.
(c) Handyman does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
(d) Handyman does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of any material on or accessible through the Site;
(e) Handyman may change any of the material on the Site at any time without notice;
(f) Handyman makes no commitment to update any material on the Site;
(g) You are responsible for assessing the accuracy, reliability, suitability and currency of the material on or accessible through the Site;
(h) You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site;
(i) You warrant that you are 18 years of age or over, or you have obtained a parent or guardian’s consent prior to using or accessing this Site.
(j) Neither Handyman nor any of its officers, directors, employees, agents or related bodies corporate shall be liable for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, economic, punitive or consequential losses or damages arising out of the reliance on or use of or inability to use the material or information available on or accessible through the Site, even if Handyman has been advised of the likelihood of such damages.
9.2 Where the laws of any country or state in which these Terms of Use are effective implies into these Terms of Use any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms of Use provided that the liability of Handyman, its officers, directors, employees, agentsand related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of Handyman, to:
(a) in the case of services, the supply of the services again, or the payment of having the services resupplied and
(b) in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
10. Indemnification
10.1 You agree to indemnify, defend, and hold harmless Handyman, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, legal fees on a full indemnity basis) arising from your use of the Site or your failure to comply with these Terms of Use, or from your violation of any applicable law.
11. General
1.1 Handyman may from time to time amend, update, or change the Site, including these Terms of Use, without prior notice.
11.2 If any provision of these Terms of Use is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms of Use shall remain in full force and effect.
11.3 The failure by Handyman to insist upon or enforce strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of Handyman in respect of any existing or subsequent breach of these Terms of Use.
11.4 The law of New South Wales, Australia governs these Terms of Use.