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THE FOLLOWING DESCRIBES THE TERMS ON WHICH Club101box OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to DIGISIGHT’s ("Club101box") User Agreement. This Agreement describes the terms and conditions that govern your use of our services at http://club.101box.com (the "Site") and our general principles of our international affiliates. If you have any questions, please contact info@101box.com
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Club101box. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as a Club member. Please note: underlined words and phrases are click-through links to these pages and websites.
By accepting this User Agreement, you also agree to be bound by the User Agreements and posted terms and conditions on other Club101box related websites to the extent that you use those websites.
We may amend this Agreement at any time in our discretion by posting the amended terms on our Site. The fact that amendments have been made to the User Agreement will also be notified on our Announcements Board located at http://www.digisight.com. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your membership of Club101box. This Agreement may not be otherwise amended except in writing signed by you and Club101box. This agreement is effective on the earlier of your registration date.
1. Membership Eligibility.

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended members. If you do not qualify, please do not use our services. Further, your club account (including feedback) and User ID may not be transferred or sold to another party.
2. Fees and Services.

Joining and list an item at Club101box is free, and is incorporated into this User Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the announcements board. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, Special Campaign days) and such changes are effective when we post the temporary promotional event on the announcements board. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees associated with using our service and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you). Please Note: You cannot include Club101box fees in the 'terms of sale' of your listing item or request another member to pay Club101box these fees. However, you may wish to consider Club101box fees when determining the minimum or fixed price of your item.
3. Club101box is not an Online Booking Centre.

3.1 Online Bookings. Although we are commonly referred to as an online booking web site, it is important to realise that we are not a traditional "Online Booking Centre". Instead, our Site acts as a venue to allow members to offer, sell, and buy just about anything related to Australia and New Zealand tourism products, at anytime, from anywhere, in a variety of formats, including a fixed price format commonly referred to as an "online booking". We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure and do not guarantee that a buyer or seller will actually complete a transaction or act lawfully in using our Site.

3.2 Release. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release club101box (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.3 Information Control. We send you communications and notices regarding your listing information and your account on our Site. Our communications do not represent any endorsement, guarantee or legitimisation of your listing item. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the items, information or content provided by other users which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks with international trading and dealing with foreign nationals.
4. Selling and Buying.

You are obligated to complete the transaction with the seller if you purchase an item through one of our fixed price formats, unless the transaction is prohibited by law or this User Agreement. If you are the Buyer and your purchase is accepted by the seller, you are obligated to complete the transaction with the seller, unless the item is expired or the transaction is prohibited by law or by this Agreement. By purchase on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful.


a. Listing and Selling.

4.1 Listing Description. You must be legally able to sell the item(s) you list for sale on our Site. You must describe your item and all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. At any one time you may not promote identical items in more than ten (10) online listings on our Site.

4.2 Fraud. Without limiting any other remedies available to club101box at law, in equity or under this Agreement, club101box may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site.

4.3 VeRO Program. Club101box's Verified Rights Owner (VeRO) Program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. VeRO Program participants and other rights owners can report infringing items, and have such items removed.


5. Your Information.

5.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, buying or listing process, in any public message area or through any email feature. Your Information includes the descriptions of items you list for sale or display on our Site as well as any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

5.2 Restrictions. Your Information (including but not limited to any items listed) must not:
a. be false, inaccurate or misleading;
b. be fraudulent or involve the sale of counterfeit or stolen items;
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
e. be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
f. be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content.
g. contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au or http://www.aba.gov.au);
h. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
i. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
5.3 License. Solely to enable club101box to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Club101box will only use Your Information in accordance with our Privacy Policy

6. Access and Interference.

Our Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Club101box by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of Club101box or the appropriate third party authorised to grant such permission.
6. Breach.

Without limiting other remedies available to Club101box at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
a. you breach this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
b. we are unable to verify or authenticate any information you provide to us; or
c. we believe that your actions may cause legal liability for you, our users or us.
7. Privacy.

Club101box has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference.
8. No Warranty.

8.1 WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.

8.2 To the extent that Club101box and all affiliates and related entities of Club101box are able to limit the remedies available under this Agreement, and subject to Clause 12 of this Agreement, Club101box and all affiliates and related entities of Club101box expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Club101box's sole discretion):

a. in the case of items, any one or more of the following:
i. the replacement of the items or the supply of equivalent items;
ii. the repair of the items;
iii. the payment of the cost of replacing the items or of acquiring equivalent items; or
iv. the payment of the cost of having the items repaired; and
b. in the case of services:
v. the supply of the services again; or
vi. the payment of the cost of having the services supplied again.
11.3 If you are a New Zealand resident and the New Zealand Consumer Guarantees Act 1993 applies to you, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the supply of the Club101box.com services or these terms.
9. Liability Limit.

9.1 IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT CLUB.101BOX.COM AND ALL AFFILIATES AND RELATED ENTITIES OF CLUB.101BOX.COM HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.

9.2 Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Club101box and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
10. Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
11. Legal Compliance.

You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items. Specifically, you must ensure that your activities, items you list, and Your Information you post on our Site do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au Notwithstanding the successful conclusion of a transaction on our Site, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created). YOU ALONE, AND NOT CLUB101BOX, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.
12. No Agency.

You and Club101box are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
13. Arbitration.

Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.
14. Additional Terms.
The following documents are incorporated into this User Agreement by reference, and you agree to be bound by the terms and policies outlined in these documents. Any changes to the policies set out below will be notified on our Announcements Board located at http://www.digisight.com

General.

This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by club101box, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), 13 (Indemnity) and 17 (Arbitration) shall survive any termination or expiration of this Agreement.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to persons under the age of 18 years. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of WorldVillage.com's Internet site, services, or policies. Club101box is not affiliated with WorldVillage.com. Disputes between you and Club101box regarding our services may be reported to Customer Support. We encourage you to try and resolve disputes with other users directly with them, and to use a certified mediation or arbitration entity or report disputes to your local police or law enforcement agency as appropriate.

 
 
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