Website Terms of Use
The www.yehudiana.com website is operated by Fountaindale Press ("we" or "yehudiana.com"). From time to time, yehudiana.com may make services available via the www.yehudiana.com website, such as messaging services and Online Services ("www.yehudiana.com services"). These www.yehudiana.com services, and the www.yehudiana.com website, will be collectively referred to as "www.yehudiana.com" in these terms. Your access to and use of www.yehudiana.com is subject to these terms, yehudiana.com's Privacy Statement and the www.yehudiana.com Copyright and Trade Mark Notice ("Terms of Use"), whether or not you become a user of www.yehudiana.com. Prior to using www.yehudiana.com, you should read and understand the Terms of Use.
1 What you must do
1.1 You must use www.yehudiana.com in accordance with the Terms of Use.
1.2 You may use a security credential ("Registration ID") to access www.yehudiana.com. The Registration ID could take the form of a username and password, a digital certificate or another security-related technology. We may require you to use a different type of Registration ID to access different parts of www.yehudiana.com. The Registration ID may be used only for the purposes of accessing www.yehudiana.com, adding acceptible content and accessing protected member information and using the www.yehudiana.com messaging services made available from www.yehudiana.com. Any other use of your Registration ID is prohibited.
1.3 If you are under 18 years of age, and do not have a yehudiana.com account, you must obtain a parent/guardian's consent prior to using www.yehudiana.com.
1.4 If you are using www.yehudiana.com on behalf of another person ("Authorising Person"; for example, your employer), you must be authorised to:
(a) use www.yehudiana.com; and
(b) enter into the Terms of Use,
on behalf of the Authorising Person.
2 What you must not do
2.1 You must not:
(a) use www.yehudiana.com for any activities, or post or transmit to or via www.yehudiana.com any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes;
(b) use www.yehudiana.com in a way, or post to or transmit to or via www.yehudiana.com any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying www.yehudiana.com;
(c) use www.yehudiana.com to send unsolicited commercial or bulk electronic mail messages to anyone;
(d) make any fraudulent or speculative enquiries, bookings, reservations or requests using www.yehudiana.com;
(e) use another's Registration ID or name without permission;
(f) provide false information when registering or changing your www.yehudiana.com registration details;
(g) impersonate another person when using www.yehudiana.com;
(h) post to or transmit to or via www.yehudiana.com any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(i) tamper with, hinder the operation of or make unauthorised modifications to www.yehudiana.com;
(j) knowingly transmit any virus or other disabling feature to or via www.yehudiana.com; and
(k) attempt any of the above acts or permit another person to do any of the above acts.
(l) transmit, copy or provide unauthorised access to protected information, personal contact details or of the www.yehudiana.com web site itself
3 Third Party Content
3.1 Many of the products and services offered for sale or advertised and much of the information provided via www.yehudiana.com are the products, services and information of third parties.
3.2 The third party products, services and information are not provided or endorsed by us. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services and that information is with the third party supplier.
3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via www.yehudiana.com. You should check with the third party supplier whether there are additional charges and terms which may apply.
3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on www.yehudiana.com or accessible through a hyperlink on www.yehudiana.com. You acknowledge and consent to us receiving the fees.
4 Prices and products and services are subject to change
4.1 All prices displayed and products and services offered for supply on www.yehudiana.com are subject to change without notice. You should check the price of a product or service before placing an order for it.
5 Messaging Services
5.1 We may provide messaging services (eg Email Messaging, SMS Messaging) to selected members via www.yehudiana.com. yehudiana.com may make each of these messaging services available only to approved users of www.yehudiana.com services or in accordance with other agreements with yehudiana.com. If we introduce or revise eligibility criteria for a messaging service, the introduced or revised eligibility criteria will only apply to those who subsequently apply for the messaging service.
5.2 In addition to clauses 5.3 to 5.12 of these terms, we may create and vary (in accordance with clause 8) general procedures and limits concerning use of the messaging services, including without limitation the maximum size of any mail message that may be sent from or received by a messaging service, the maximum disk space that will be allotted on www.yehudiana.com messaging servers on your behalf, the maximum amount of data or mail messages that may be sent from or received by a messaging service account and the maximum number of days that mail messages will be stored on www.yehudiana.com messaging servers.
5.3 Delivery of all sent messages is not guaranteed, nor is notification of delivery failure. Best attempts will be made to deliver all authorised messaging and notification made if deliver is not successful.
5.12 From time to time, we may send you, and you authorise us to send you, some important mail messages about the messaging services.
6 Security
6.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the www.yehudiana.com servers. In addition to the types of loss set out in clauses 9.4 and 9.5 for which we are not responsible, we are not responsible for any information you may lose if the www.yehudiana.com servers terminate your browser session due to prolonged periods of inactivity between your browser and the www.yehudiana.com servers.
6.2 You must comply with all directions issued by yehudiana.com relating to use of your Registration ID and access to www.yehudiana.com. You must not send or disclose any part of your Registration ID that is meant to be confidential ("Confidential Component of your Registration ID") (for example, the password component of your Registration ID) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 6.3 below. If you choose to use a workplace email address to access www.yehudiana.com, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.
6.3 You must not keep the Confidential Component of your Registration ID in a location where it is capable of being copied or used by any other person or disclose the Confidential Component of your Registration ID to any other person, other than:
(a) another person authorised by you to access and use www.yehudiana.com on your behalf; or
(b) another person authorised by the Authorising Person (for example, another employee) to access and use www.yehudiana.com on their behalf, in each case provided that the other person ("Authorised Person") agrees to be bound by the Terms of Use.
6.4 yehudiana.com is entitled to rely on your Registration ID as evidence of your identity and authority for the purposes of www.yehudiana.com (including, for example, for the purpose of making payments to yehudiana.com using your credit card details, and for the purpose of nominating email addresses or phone numbers to which yehudiana.com may send billing and payment information relating to your yehudiana.com accounts). You are responsible for all use of www.yehudiana.com and your Registration ID where you have not complied with the Terms of Use. Other than by reference to a person's Registration ID, yehudiana.com cannot and does not verify that each person who accesses www.yehudiana.com is in fact the person they say they are, or acts with the authority of the person whose Registration ID they use.
6.5 You must immediately notify yehudiana.com if you become aware:
(a) that the Confidential Component of your Registration ID has been compromised or is known by a third party (other than by an Authorised Person); or
(b) of any unauthorised use of your Registration ID.
In the event that you notify us of either of these things, we will take reasonable steps to deactivate the Registration ID and issue you with a new Registration ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under the Terms of Use.
6.6 We will take reasonable steps to secure www.yehudiana.com and the systems in our control that are used to access www.yehudiana.com. However, the Internet is sometimes unreliable and is a difficult medium to secure. yehudiana.com does not guarantee the security of www.yehudiana.com or the systems (including the Internet and your hardware and software) used to access www.yehudiana.com, or any information that passes through such systems.
7 Privacy
7.1 yehudiana.com may use and provide personal information about you that is collected by yehudiana.com on www.yehudiana.com. The collection and provision of this information is subject to Australian privacy laws. yehudiana.com will attempt to comply with the yehudiana.com Privacy Statement in dealing with any personal information provided by you via www.yehudiana.com.
7.2 We offer you the ability to access personal information under the Terms of Use, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of the Authorising Person, as authorised by the Authorising Person.
7.3 To avoid doubt:
(a) by authorising a person to use your Registration ID under clause 6.3, you authorise yehudiana.com to disclose to that person your personal information; and
(b) by requesting via www.yehudiana.com that yehudiana.com send billing and payment information to a person's email address or phone number, you authorise yehudiana.com to disclose to that person your personal information, in each case including information related to your yehudiana.com billings and payments.
7.4 We respect your right to privacy and the confidentiality of personal information provided to us. We are sensitive to privacy issues and take seriously the ongoing trust our members and associates have placed in us. We try to comply with the National Privacy Principles (NPP), contained in the Australian Privacy Act 1988, which detail how personal information may be collected, used, stored, destroyed and accessed.
7.5 Personal information, as distinct from business information, is information that identifies you as a person, or from which your identity could be reasonably ascertained.
7.6 Collecting Personal Information about you
As you would be aware, yehudiana.com provides a number of different services. In the course of providing services, yehudiana.com may collect personal as well as other information about you. We collect personal information that is necessary for membership and the provision of services to members. The type of information collected will depend on the services you have asked us to provide, and may include your name, address, telephone and e-mail address, as well as your age and date of birth. We will record your e-mail address if you send us an e-mail. If you choose not to provide personal or sensitive information, we will advise you on the consequences, which may include not being able to provide you with a particular service.
7.7 How do we use your personal information?
yehudiana.com will primarily use and disclose your personal information for the purpose of providing services to you. We may also use your personal information (usually your name) for inclusion in newsletters and competition results. We may also use your personal information for related purposes which you would reasonably expect, such as providing you with details about other services offered by us, as well as any promotions or offers that may be of interest to you. You can opt out of receiving offers or information at any time by notifying us. We may also disclose your personal information where we have sought your consent or in accordance with the Privacy Act or any other legislation.
7.8 Storage and Security
Personal information is stored electronically, on paper, or both. yehudiana.com has no physical, electronic and procedural safeguards to protect personal information and takes all reasonable measures to ensure that your information is protected. Please be aware that personal information provided by e‑mail may not be secure. If you have any concerns regarding the security of you personal information, please do not provide it to yehudiana.com
7.9 Access & Correction
In most cases, you will be able to gain access to personal information held about you by yehudiana.com. We may provide you with this information verbally or in writing, as may be appropriate. Where we do not agree to provide you with details of personal information we will give you reasons why. We will take reasonable steps to amend or correct your personal information to keep it accurate and up to date. If you would like to discuss any aspect of your personal information, please contact us.
7.10 Privacy Concerns or Complaints
If you have any queries or concerns about your personal information, or believe that the privacy of your personal information has been interfered with, please contact us.
8 Change of the Terms of Use
8.1 We may change the Terms of Use by obtaining your consent or giving notice to you in accordance with this clause 8 and clause 13.2. The period of notice we will give you depends on the type of change.
8.2 If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.
8.3 If the change has a detrimental impact on you but is:
(a) required by law;
(b) necessary for security reasons;
(c) to prevent fraud; or
(d) for technical or infrastructure reasons,
we will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you 3 days prior notice but we will give you as much notice as we reasonably can. Notice may be provided to you in the manner set out in clause 13.2.
8.4 If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using www.yehudiana.com or on a specific class of customers who use www.yehudiana.com in a particular way (and you are one of this class), and the change is not of a type described under clause 8.3, we will give you at least 30 days' prior notice of the change.
8.5 If the change is not of a type described in clause 8.2, 8.3 or 8.4, we will give you at least 10 days' prior notice of the change.
8.6 If we change the Terms of Use under this clause 8, you may choose to stop using www.yehudiana.com. Any use of www.yehudiana.com after a change of the Terms of Use takes effect will be governed by the varied Terms of Use.
8.7 We do not have to notify you if we make changes to the www.yehudiana.com website.
12 Termination
12.1 You may stop using www.yehudiana.com at any time, for any reason.
12.2 We may stop making www.yehudiana.com, or a part of www.yehudiana.com available. Notice may be given in the manner set out in clause 13.2.
12.3 We may immediately suspend, terminate or limit your access to www.yehudiana.com if:
(a) you are in breach of the Terms of Use and (i) the breach is something which cannot be remedied, or (ii) you fail to remedy the breach within 30 days' of our written notice to you of that breach;
(b) we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to www.yehudiana.com;
(c) the law requires us to do so;
(d) we believe on reasonable grounds that providing access to www.yehudiana.com to you is illegal or may become illegal;
(e) the Australian Competition and Consumer Commission issues a competition notice relating to www.yehudiana.com or we believe on reasonable grounds that it will do so; or
(f) there is an emergency.
12.4 If you enter a contract for the supply of goods and/or services via www.yehudiana.com, that contract will not be affected if yehudiana.com stops making www.yehudiana.com or part of www.yehudiana.com available to you, unless the goods and/or services are supplied via www.yehudiana.com.
13 Communication with you
13.1 As part of some www.yehudiana.com services available via www.yehudiana.com, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do this (except as set out in clause 13.2), the following will apply:
(a) you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages;
(b) you must notify yehudiana.com as soon as possible of any changes to your contact details for the online service/s using the online method provided by yehudiana.com;
(c) if yehudiana.com receives an automated email non-delivery notification indicating you have not received an email that yehudiana.com has sent you, yehudiana.com will use reasonable endeavours to attempt to contact you using the other contact details that you submitted in your online service contact details, including non-electronic means, but does not guarantee that yehudiana.com will be able to contact you. yehudiana.com will not attempt to contact you via alternate means if yehudiana.com receives an automated email non-delivery advice on a bill email notification sent by yehudiana.com to you under clause 8.8.
13.2 Despite clause 13.1, for the purposes of clauses 8 and 9.2, we will give you notice by:
(a) posting the content of the notice to www.yehudiana.com.
14 Use of your information and material
14.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via www.yehudiana.com, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
15 Goods and Services Tax
15.1 If GST is imposed on any supply made by us through www.yehudiana.com, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
Last updated: 28 February 2008
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