Terms and CONDITIONS

Introduction

A. Please read these terms and conditions carefully before using the website www.viewreview.com.au ("VR Website") operated by Little Poppy & Co Pty Ltd ACN 146 140 801 trading as viewreview ("LPC", "our", "we" or "us").

B. By accessing or using the VR Website, you agree to be legally bound by these terms and conditions and as modified and posted on the VR Website from time to time. If you do not wish to be bound by these terms and conditions then you must not use the VR Website.

ACCEPTABLE USE POLICY

1. General use of the VR Website and LPC Content

A. The content on the VR Website, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos,  trade marks, service marks and logos contained therein ("LPC Content") is owned by or licensed to LPC. LPC Content on the VR Website is provided to you AS IS for your information and personal use only and except as provided for in these terms and conditions, may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners or LPC.

B. The LPC Content on the VR Website may not necessarily be accurate, complete or current. No person should act or fail to act on the basis of the LPC content.

C. LPC, to the fullest extent allowed by law, neither takes nor assumes any responsibility for the LPC Content or any services provided by LPC on the VR Website.

D. You understand that when using the VR Website, you will be exposed to content from a variety of sources, and that LPC is not responsible for the accuracy and usefulness of such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, crude, offensive, indecent, or objectionable. You agree that LPC will not be liable for any loss or damage caused or alleged to be caused by or in connection with use of, or reliance on, any content, goods or services available on or through any third party website or resource that you are exposed to when using the VR Website.

E.  You accept all risk and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using or accessing the VR Website and any LPC Content, information or material available from the VR Website.

F. You agree not to use the VR Website, for any unlawful and fraudulent use, or any commercial use without the prior written authorisation of LPC.

2. User Content

A. As a VR Website user ("User") you may upload video, audio content or textual content ("User Content") on to the VR Website.

B.  In connection with User Content, you warrant that you:

1.           own or  have the necessary licences, rights, consents, and permissions to reproduce and publish the User Content; and 

2.           authorise LPC to use all trade mark, copyright or other proprietary rights in the User Content necessary to enable inclusion and use of the User Content in the manner contemplated by the VR Website and these terms and conditions.

C. The VR Website consists of a public forum presenting User opinions on real estate, rental properties and related services, and as such the views expressed do not necessarily reflect the opinion of LPC. LPC does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and LPC expressly disclaims any and all liability in connection with User Content. LPC reserves the right to remove User Content without prior notice. LPC will not be responsible for or liable for any damages, loss, costs, expenses or the like caused by the removal of User Content.

D. You shall indemnify and shall keep us fully and effectively indemnified from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered, made against or incurred by us and arising directly or indirectly out of the reproduction and publication of User Content uploaded or published on the VR Website.

E.  You must not:

1.           upload and publish any information or material which is knowingly incorrect, misleading or deceptive;

2.           upload and publish any defamatory, infringing, obscene, indecent or unlawful information or material or information;

3.           transmit any data, send or upload any material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

4.           conduct or forward surveys, contests or chain letters other than as approved by LPC;

5.           use the VR Website for the purpose of harming or attempting to harm minors in any way; or

6.           transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

F. LPC reserves the right, in its absolute discretion, to delete, alter or move any User Content, message or other posted material on the VR Website. However, it is under no obligation to do so, nor is it under an obligation to update any information on the VR Website, or to correct any inaccuracy on the VR Website that may become apparent at a later time.

3. User Content Standards

A. These standards apply to any and all User Content.

B. User Content must not:

1.           contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

2.           promote sexually explicit material, promote violence or any illegal activity;

3.           be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

4.           promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.           be likely to deceive any person, advocate, promote or assist any unlawful act such;

6.           be made in breach of any legal duty owed to a third party, such as a contractual duty;

7.           be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

8.           be likely to harass, upset, embarrass, alarm or annoy any other person; or

9.           give the impression that it emanates from us, if this is not the case.

4. Account Termination Policy

LPC will terminate a User's access to its VR Website without prior notice, if in its sole unfettered and unrestricted discretion, LPC determines that the User has breached these terms and conditions and/or any applicable policies posted on the VR Website.

Any disputes arising from, in relation to or in connection with, the VR Website are to be governed by the laws of the State of New South Wales. By visiting and using the VR Website you unconditionally submit to the jurisdiction of the Courts of that State.

COPYRIGHT POLICY

A. By uploading User Content on the VR Website, you hereby grant LPC a worldwide, non-exclusive, royalty-free, payment free licence to use, reproduce, distribute, prepare derivative works of, display, distribute  and perform the User Content in connection with the VR Website and LPC's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the VR Website (and derivative works thereof) in any media formats and through any media channels. you also hereby grant LPC the right to grant other users of the VR Website a non-exclusive sub-licence to use, reproduce, distribute, display and publish the User Content uploaded and published by you on the VR Website.The above licences granted by you in User Content are perpetual and irrevocable.

B. You may only link to the VR Website or our home page with our express consent and written agreement. We reserve the right to withdraw linking permission without notice.

C. If you wish to make any use of material on the VR Website other than that set out in these terms and conditions, please address your request to info@viewreview.com.au.  

Terms & Conditions of the viewreview.com.au Promotion

Terms and Conditions

1                The “Write a review” promotion (“Promotion”) is organised by Little Poppy & Co Pty Ltd ACN 146 140 801 trading as viewreview, c/- Suite 1, 193-201 New South Head Road, Edgecliff, NSW 2027 (“Promoter”).

2                Information on how to enter and prizes form part of these conditions.  By participating, entrants agree to be bound by these conditions.  Entries must comply with these conditions to be valid.

3                Entry is open to residents of Australia.  Directors, management, employees and their immediate families, of the Promoter, retailers, suppliers, associated entities and agencies associated with this promotion are ineligible to enter. Participants who are under the age of 18 must seek permission from their parent or guardian.

4                The Promoter’s decision is final and binding – no correspondence will be entered into.

Entering the Promotion

5                The promotion commences at 00.01ESTon 01/05/2012 and closes at 23.59 EST on 30/04/13 (Promotional Period).

6             To enter, participants must write a property review and have it published on the viewreview.com.au website.  Only members of the viewreview.com.au website are able to post reviews and therefore membership of the website is required in order to enter the Promotion. 

7                The same individual may post multiple original reviews.  Each single review is equal to one entry into the prize draw.

8                To be eligible, reviews must be deemed to be of a reasonable standard and capable of being published on the viewreview.com.au website.  All reviews are submitted subject to the terms and conditions which can be found set out on the viewreview.com.au website.  Your use and membership of the viewreview.com.au website is also subject to those same terms and conditions.

9                Entries are deemed to be received at the time of receipt and not at the time of transmission by the entrant.  Any entry that is lodged by automatic, repetitive, robotic, programmed or similar entry methods or agents, including the use of a competition entry service will be void.

10              The Promoter reserves the right to request verification of age, identity, residential address of winners and any other information relevant to entry into or participation in this promotion.  Verification is at the discretion of the Promoter, whose decision is final.  The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the conduct of the Promotion.  Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.

Prizes

11              There is one prize to be won each month, as set out in the table below.  Prize values are correct at date of publication and include GST. 

12              In the event that any prize (or any part of the prize) becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a prize with a prize of equal or greater value, subject to any written directions from relevant lottery authorities.

13              One draw will take place each month at 5pm on the date specified in the table above at 81/2a Hollywood Avenue, Bondi Junction, NSW 2022. The first valid entry drawn will receive the prize for that month.

14              If there are no entries in a particular month, the Promoter reserves the right to withdraw the prize for that month.

15              Total RRP value of prizes = $820 (excluding GST). All taxes which may be payable as a consequence of receiving a prize are the sole responsibility of the winner.

16              Winners will be notified by email within 2 days of the draw using the email address details provided at the time of entry. 

17              Upon notification, winners will be asked to provide a mailing address and prizes will be delivered to the address provided within 28 days.

18              Winners will be announced on the viewreview.com.au website after they have been notified and at the end of the Promotion.

19              If a winner is under 18 years of age, then the Promoter reserves the right in its absolute discretion to award the prize to the winner’s parent or guardian and/or require that the parent or guardian and/or child execute such acknowledgment, indemnity and release as reasonably required in the circumstances.

20              If a winner cannot be located, a second chance draw will be held at least 3 months after the date of the initial draw. The second chance draw will take place at the same time and place as the original draw but 3 months later.  Winners will be notified by email within 2 days of the draw.

21              Prizes are not variable or transferable and where applicable, the Promoter reserves the right to choose the colour of the prize. Prizes are not redeemable for cash.  The Promoter’s decision is final and binding - no correspondence will be entered into.  The Promoter accepts no responsibility for late, lost or misdirected entries or other communications.  Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.

22              Where applicable, the prize is subject to any terms and conditions specified by the manufacturer or the provider of any service associated with the prize.  The Promoter is not responsible or liable for any loss, damage or injury suffered by any winner as a result of the conduct of the manufacturer or service provider.

Disclaimers, exclusion and liability

23              If for any reason the Promotion is not capable of running as planned (including but not limited to) technical failures, unauthorised intervention, fraud or any other causes beyond our control which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, we are entitled in our sole discretion to disqualify any individual who tampers with the entry process, and (subject to any written directions given by any relevant lottery authority), to cancel, terminate, modify or suspend the Promotion.

24              Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner in any media for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome) and/or promoting any products manufactured, distributed and/or supplied by the Promoter.

25              The Promoter shall not be liable for any loss or damage whatsoever which is suffered (including without limitation direct, indirect and consequential loss and damages) or for personal injury suffered or sustained as a result of entering or trying to enter the Promotion or accepting any prize offered as part of the Promotion, except for any liability which cannot be excluded by law.

26              Entrants release and agree to keep the Promoter indemnified from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by the Promoter, its directors, employees, agents and representatives arising out of the entrant’s entry in the Promotion or any claim by a third party arising from an act or omission by that entrant.

27              The Promoter takes no responsibility for prizes damaged, delayed or lost in transit.

Personal information

28              Details from entries may be collected and used for the purpose of conducting this promotion (which may include disclosure to third parties, including local lottery authorities, for the purpose of processing and conducting the promotion) and for promotional purposes surrounding this promotion.  By entering this promotion entrants consent to the use of their information as described and agree that the Promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to the entrant.  Entrants may access, change and/or update their personal information by contacting the Promoter at info@viewreview.com.au and can obtain a copy of the Promoter’s privacy policy at the viewreview.com.au website.

Authorised under NSW Permit No LTPS-12-02977