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Please find the following detailed below:-

* Website - Terms and Conditions

* Business Directory Listings - Terms and Conditions

* Business Ratings and Reviews - Terms and Conditions

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Website - Terms and Conditions

The terms and conditions contained herein govern the use of the website located at www.managemyrainbow.com.au  and any pages within that website (collectively referred to as ‘the Website’) and shall apply whenever you access, view or use the Website and regardless of how or on what device you access the Website.


1.     Use of this Website

1.1         Manage My Rainbow Pty Ltd ACN 600 972 110 (referred to herein as ‘we’ or ‘MMR’) is the owner and operator of the Website.

1.2         All persons accessing, viewing and/or using the Website (referred to herein as ‘Users’, ‘your’ or ‘you’), whether as an individual consumer (referred to herein as a ‘Member’) or an advertiser/business (referred to herein as an ‘Advertiser’) are deemed to have read, understood and agreed to be bound by these terms and conditions and any other notices, policies and guidelines which appear on the Website (‘Terms of Use’). 

1.3         MMR may amend the Terms of Use from time to time in its absolute discretion by publishing an updated version of the Terms of Use to the Website. By continuing to access, view and/or use the Website, you will be deemed to have accepted the updated Terms of Use and agree to be bound by them.

1.4         MMR operates a business listing service on the Website and that, despite reasonable commercial endeavours, the data within the directory may not be fully exhaustive, accurate or current. MMR makes no warranties or representations in relation to the availability or functionality of the search facility on the Website or the accuracy or completeness of any search results.

1.5          MMR reserve the right to modify, discontinue, or disable all or part of the Website, on either a  permanent or temporary basis, at any time. 

1.6           The Website is made available for personal use only. You may not use the Website or the directory contained on the Website for your own commercial purpose (other than for the adding to or correcting of information contained in the directory), in accordance with the Terms of Use, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from MMR.

1.7          All content on the Website (‘Content’) refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the Website.

1.8           If you are an Advertiser, you will also be subject to the additional terms and conditions for Advertisers, located at  www.managemyrainbow.com.au/businessdirectory_terms 

2     Users Obligation

2.1            Users of the Website will not:

          a.     use the Website for any purpose or in any way which is contrary to the Terms of Use or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;

          b.     submit , transmit or otherwise link to the directory, whether for automatic upload or   otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code in a way which:
       

           1. tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
           2. inhibits any other user from using the Website;
           3. violates the security of the Website or accesses any other unauthorised areas of the Website.
           c. damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to MMR or do anything that compromises the security and/or stability of the Website or the directory;

           d. use the directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or

           e. send automated queries of any kind to the Website or the directory without MMR’s express written permission.


2.2           MMR may suspend or terminate your access to all or part of the Website at any time if you breach the Terms of Use in our reasonable opinion.

3     User’s Goals and Vision Boards

3.1           MMR may require Users to register an account with us (‘User Account’) in order to access and or use some parts of the Website, including creating a User’s Vision Board and/or setting Goals.

3.2            The Vision Board and setting Goals is a unique facility of the Website (“Vision Board and Goal Facility”), which allows Users to document their Goals and milestones (‘Goal Setting Content’) and/or post information and images to visualise their visions, Goals, milestones and ideals (”Vision Board Content”). The Vision Board Content can be made public or private.  

3.3           Goal Setting Content and Vision Board Content will:

           a. Build a community of like-minded Users (both Members and Advertisers) who have similar visions, goals, milestones and ideals; and

           b. Help Members find Advertisers who can help them achieve their visions, goals, milestones and ideals through the provision of selected services.

3.4           Users hereby acknowledge and agree:

           a.     to maintain the security of passwords and/or identification to their User Account;
           b.     to be fully responsible for all Vision Board Content posted on the Website and other account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other material whether publicly posted or privately transmitted to and from the account;
           c. not to impersonate or misrepresent their affiliation with a particular business listing  and products and services they provide;
           d. not to post or upload Vision Board Content which contains hidden code or images which do not relate to or which alter the intended meaning of the original content; and
           e. that MMR has the right to suspend or terminate a User’s Account and refuse any and all current or future use of the Website or directory. Where it is possible for MMR to contact Users directly, MMR will notify the User of any suspension or termination of their account and the reasons for it.

3.5           Users are liable to MMR and agree to indemnify MMR against all claims, demands, damages, costs, penalties and liabilities caused directly or indirectly by your acts or omissions in relation to the use of the Vision Board and Goal Facility or the Goal Setting Content or the Vision Board Content or your breach of these Terms of Use.

3.6           Users hereby warrant that your Goal Setting Content and  Vision Board Content:

           a. Is your own original work or that you otherwise have all of the necessary rights, including copyright, in the Goal Setting Content or Vision Board Content you upload or post to the Website;
           b. Is not illegal or unlawful or will cause a breach of a law or any code of conduct;
           c. does not include pornographic, sexually explicit, violent, threatening or obscene content;
           d. does not contain any information that will personally identify any third party unless you have obtained that person’s consent;
           e. does not refer to persons under the age of 18 without the express consent of the person’s parent or legal guardian;
           f. does not include any inappropriate language including racist, hateful, discriminatory, or language that vilifies any person;
           g. does not infringe any third party’s intellectual property rights, including copyright;
           h. does not infringe the moral rights of any third parties and that you have obtained any necessary moral rights, consents from authors of work you submit as part of your Goal Setting Content or Vision Board Content;
           i. is not defamatory or malicious or promote, incite or instruct matters of crime;
           j. will not transmit any malware, viruses or harmful computer code;
           k. does not constitute a commercial solicitation to buy goods or services;
           l. does not refer to businesses which are not listed on the Website or otherwise refer to any other web sites or applications, including social media sites; and
           m. has not been created in exchange for any form of benefit or payment from a third party.

3.7           Users acknowledge and agree:

           d. MMR are under no obligation to publish your Goal Setting Content or Vision Board Content and may remove or edit your Vision Board Content  in our absolute discretion;

           e. except where MMR are legally required to do so, we are under no obligation to monitor, remove or modify Vision Board Content;

           f. MMR may, at our discretion, terminate your access to use the Vision Board  and Goal Facility for any reason, including if we believe you have breached these Terms of Use.

           g. MMR are in no way responsible for the quality, merchantability or suitability of the services provided by our Advertisers and make no warranty, representation or guarantee that the goods or services provided by our Advertisers will result in you achieving your desired outcome, visions or goals.

Intellectual Property in the Vison Board Content

3.8           As the owner, creator and controller of the Vision Board Content, you retain ownership and copyright and all other intellectual property rights in the Vision Board Content that you upload, post, transmit or make available on the Vision Board Facility.

3.9           You grant to MMR, a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferable licence to use, reproduce, modify, adapt, display, publish or communicate to the public your Vision Board Content, whether on the Website or elsewhere (subject to MMR’s adherence to your privacy settings). 

    4     Intellectual Property Notice

    Copyright

4.1           Except in relation to the Vision Board Content  or where otherwise expressly stated, all copyright and other intellectual property rights in relation to Content on this Website belongs to MMR or its licensors, advertisers or affiliates, including but not limited to logos and Trademarks. All Content on the Website is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Content.

4.2           You may download and view Content or print a copy of material on this Website for personal, non-commercial use provided you do not modify the Content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by MMR. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Website without the copyright or trademark owners’ permission.

    Our Trademarks

4.3           ‘Manage My Rainbow’ ™, the Manage My Rainbow logo ™ are Trademarks owned by MMR. You may not use any of the above Trademarks, without MMR’s prior written consent. Third Party Trademarks

4.4           Other trademarks owned by third parties may be displayed on the Website from time to time. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Website, without the express written permission of the relevant owner.

5     Security and Privacy

5.1           MMR will endeavour to take all reasonable steps to keep secure any information which we hold about you.  

5.2           MMR will collect, use and disclose any personal information in accordance with its Privacy Policy which can be viewed at www.managemyrainbow.com.au/privacypolicy Users acknowledge MMR’s Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy Policy.

6           Liability & Indemnity

6.1           MMR does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (as incorporated in the Competition and Consumer Act 2010 (Cth) and equivalent State or Territory legislation) which cannot be excluded, restricted or modified. However, MMR otherwise excludes all rights, remedies, conditions and warranties in respect of goods or services provided through the Website whether based in statute, common law or otherwise to the extent permitted by law. 

6.2           To the fullest extent permitted by law, the following exclusions and disclaimers apply:

           a.    MMR does not warrant the accuracy of the Content and the directory on the Website, including but not limited to any maps displayed on the Website and any third party websites or resources. All Content is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. Content represents the views of the writer only and not the views of MMR. All Content on the Website may be changed and/or removed at MMR’ sole discretion and without notice.

           b. MMR will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Website.

           c. MMR does not warrant that functions contained in the Website Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that MMR or the server that makes it available, are free of viruses or bugs.

           d. MMR is not the agent of the Advertisers and does not warrant that the goods and services provided by the Advertisers are fit for purpose or merchantable quality. 

e. Liability of MMR, for any breach of a term or condition implied by law, or any statutory guarantee, is limited at MMR’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.

6.3         You agree to indemnify  and hold harmless, MMR and its affiliated companies, and each of  their directors, officers, employees and agents against any action, claim, loss or expense which arises from your use of the Website, or otherwise from a  breach of the Terms of Use, or any act of negligence or fraud or deliberate act against MMR by you.

7.           Third Party Content & Links

7.1           This Website may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Website should be construed as granting any license or right for you to use that Content.

7.2           This Website may include links to third party Websites which are not related to MMR and in relation to which MMR has no control or interest. The appearance of those links on this Website does not indicate any relationship between MMR and that third party or any endorsement by MMR of that third party, its Website or the products or services which it is advertising on this Website.

8.     General

8.1           These Terms & Condition shall be governed by and interpreted in accordance with the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum

8.2           Any notice to be served to the Company under this agreement must be served personally by post or email to the Company at: 

Manage My Rainbow
PO Box 5129
Victoria Point QLD 4165

Email: dream@managemyrainbow.com.au
8.3           If any provision of this Agreement or the Website Terms is invalid or unenforceable in a jurisdiction, the provision should be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability. It will not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.

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Business Directory Listings - Terms and Conditions

Recitals 

These terms and conditions apply to the business directory listing services (both free and paid) as provided by Manage My Rainbow Pty Ltd ACN 600 972 110 (‘MMR’) and displayed on the website located at www.managemyrainbow.com.au  and any pages within that website (collectively referred to as ‘the Website’).

By opening an Advertiser Account and submitting your business listing for display on the Website, you are deemed to have entered into a legally enforceable contract with MMR and agree to be bound by the terms and conditions contained in the Contract.  

MMR maintains a comprehensive business listing database for both paid advertisers and free listings and reserves the right to publish, or not publish, such listings to ensure that the database is maintained as a current and comprehensive list of Australian and worldwide businesses and services.

MMR also maintains a Vision Board Facility, where Members and Advertisers can post details of their visions, goals and ideals in order to build a community of like-minded Users who have similar visions, goals and ideals, and assist Members to find Advertisers who can help them achieve their visions, goals and ideals through the provision of selected services.

1.     Definitions

In this Agreement, unless the contrary intention appears, the following words shall have the following meanings:

"Advertiser" means the business or their authorised representative (including an advertising agency) that has entered into an agreement with MMR in relation to the inclusion on the Website of listing or other advertising content, including through the use of this Website to upload information into the Directory;

“Advertiser Account” means an account opened by an advertiser with MMR for the purpose of submitting business directory listings for display on the Website and other information related to the Advertiser.

“Content” means all content on the Website, other than Advertiser Material;

"Contract" means documents or recording including: 
1. these terms including any attachments; 
2. the approved and authorised Order Form or equivalent Contract; 
3. where applicable; the commercial credit application; 
4. the Website terms of use located at www.managemyrainbow.com.au
5. any advertising rules and/or guidelines which apply to your Service; 
6. any equivalent approved and authorised document Contract received by MMR
7. the approved and authorised voice recording of order or equivalent contract.

"GST" has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in Company Contracts are inclusive of GST;

"month" means calendar month;

"person" includes a corporation;

"Services"  means the business directory listing services provided by Manage My Rainbow Pty Ltd ACN 600 972 110 and operated through the Website.

“Website” means the website located at www.managemyrainbow.com.au  and any subpages within that Website.

"Users" means users of the Website including, where appropriate, Advertisers.

“Vision Board” means the section of the Website where Userscan post details of their visions, goals and ideals. 

2.     Acceptance of Terms

2.1             All Advertisers agree to be bound by the Terms & Conditions set out on www.managemyrainbow.com.au/termsofuse, as well as these additional terms and conditions, as applicable.

2.2.             The terms that apply to your Contract of Service are set out in:

            a.             these terms including any attachments;

            b.             the approved and authorised order form or equivalent contract, over the phone with sales person or otherwise;

            c.             where applicable; the commercial credit application;

            d.             the Website terms of use located at www.managemyrainbow.com.au ;

            e.             any advertising rules and/or guidelines which apply to your Service; and

            f.             any equivalent approved and authorised document received by MMR.

2.3.             These Terms and Conditions supersede any terms and conditions previously issued, whether  it be in writing, verbally or on www.managemyrainbow.com.au , or otherwise issued by  Manage My Rainbow Pty Ltd (MMR).

2.4.             MMR, in its sole discretion, may vary these terms and conditions at any time without notice.

  1.       By signing up as an Advertiser , you acknowledge and agree:

            a.             that you are the registered business owner or authorised representative of the business being registered;

            b.             your business holds all applicable licences, government and council approvals and insurances required to legally carry on that business;

            c.             agree that your business, like all businesses displayed on the Website are subject to receive ratings and reviews from Users;

            d.            that, to the extent permitted by law, MMR is not liable for any Content that causes you or your business any loss or damage;

            e.             acknowledge that MMR reserves the right to include or exclude entry to, or remove a business from the Website and the directory; and

            f.             understand that MMR at its sole discretion will determine the utilisation of all  keywords, categories, Content and other material used to describe or categorise a business listing for all purposes relating to the Website and the directory.

3.     Term of Advertising Contract

3.1.             The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by MMR.

3.2.             The Contract will continue for the period set out in the order form or equivalent contract.

4.     Changes to the Contract, Product or Terms

4.1.             Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by MMR without any prior warning or notice.

4.2.             The changes will be effective as soon as they have been posted on the Website.

4.3.             You should check the terms and conditions from time to time so you are aware of any changes to the Website and services.

4.4.             Your continued use of the Website after any modifications indicates you have accepted the new terms and conditions.

5.     Advertiser Material

5.1             Advertiser is responsible for uploading and maintaining any and all relevant material (‘Advertiser Material’) for use on the Website, in accordance with any requirements of MMR including as to deadlines and delivery formats.

5.2             MMR takes no responsibility for any of the Advertiser Material.

5.3            MMR will determine the utilisation of all keywords, categories and other material used to describe or categorise a business listing for all purposes relating to the Directory.

5.4.             MMR may remove, revise or refuse to publish any Advertiser Material at our absolute discretion, including, without limitation, if MMR:

  1. reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way a breach of this Agreement or any law or third party rights; or
  2. are instructed to do so by any third party.

5.5            MMR reserves the right to include or exclude entry to, or remove a business from, the Website and the directory at any time, for any reason whatsoever and without any liability to MMR.

5.6.             Recognition of advertising in other media channels:

  1. MMR may present advertisements of businesses that MMR advertise in other media channels in a different position and in a different format to that of other advertisements.
  2. This variance in presentation is solely at the discretion of MMR and Advertisers may assume no right of entitlement to this based on their other advertising. MMR may choose to apply this variance in presentation to some advertisers but not to others and may alter the duration of any such variance in presentation at its discretion.

5.7.             The Advertiser acknowledges and agrees that MMR may provide the Directory from time to time to other commercial enterprises including for publication on another website. MMR does not warrant that the Advertiser’s listing in the Directory will be published or continue to be published on an internet Website that is a distribution partner of MMR.

5.8            The Advertiser acknowledges and agrees that:

  1. The failure of an internet Website to publish or continue to publish the Advertiser’s listing or Advertiser Material in any form will not affect the parties’ rights and obligations under this Contract;
  2. MMR is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet Websites; and
  3. MMR retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser’s listing or Advertiser Material will be distributed by any particular distribution partner for any particular period.

5.9                   You must not post, upload, transmit to or via the Website any information or content which  breaches any laws or regulations, infringes a third party’s rights or privacy or is offensive or contrary to any relevant standards or codes, including generally accepted community standards.  You must not permit or enable another person to do any of those things.            

            Examples of unlawful, infringing or offensive activity includes, but is not limited to, content that is:

  1. false or misleading, abusive, harassing, defamatory, offensive, humiliating,  vulgar, obscene, pornographic, racist, discriminatory, or invasive of another’s privacy;

       b. an infringement of the intellectual property rights of another party;

       c. is not owned by You;

       d. may encourage criminal activity;

       e. contravenes any applicable laws, regulations, codes and standards;

       f. disturbs or damages the Website or its content;

       g. damages Us or Our reputation; or

       h. otherwise breaches this Agreement.

5.10                  You must not transmit to or via the Website any virus or any other information or material or otherwise use the Website in a way which:

  1. tampers with, hinders the operation of, or makes unauthorised modifications to the Website;

       b. inhibits any other user from using the Website;

       c.  violates the security of the Website or accesses any other unauthorised areas of the Website.

6.     Termination of Contract

6.1            This Contract may be terminated in the following ways:

 

  1. At any time the Advertiser and MMR agree;
  2. By MMR without notice if:

i.             the Advertiser (being an individual) is declared bankrupt; or

ii.             any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for Advertiser to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy.

6.2.             MMR may without notice terminate this Contract and all its obligations to an Advertiser if the Advertiser fails to comply with any of its obligations to MMR including, without limitation, the  Advertiser’s obligations to:

            a.             make any payment to MMR in cleared funds by the due date for payment.: and

            b.             if applicable, maintain sufficient funds as required by clause 12.2

 

6.3            As and from the date of termination, MMR ceases to have any obligation to supply services to the Advertiser.

7.     Liability and Indemnity

7.1.             The Advertiser indemnifies MMR against any successful claim by any third party against MMR in respect of any matter arising from the operation, use, transfer of data or money to and from MMR by the Advertiser.

7.2.             By lodging material including electronic material or data for publication or authorising or approving the publication of any material with MMR, the Advertiser indemnifies MMR and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and, Without limiting the generality of the above, Advertisers and or advertising agencies indemnify MMR and its directors, employees and agents against any claims arising from:

            a.             defamation, libel, slander of title;

            b.             infringement of copyright;

            c.             infringement of trade marks or names of publication titles;

            d.             unfair competition;

            e.             breach of trade practices, privacy or fair trading legislation; and

            f.             violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.

7.3            Advertiser indemnity

The Advertiser indemnifies MMR for any loss or damage including indirect or consequential  loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the Services, a payment  method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a directory listing on the Website or any of its printed material.

7.4.             No Advertiser assignment:

The Advertiser may not assign its rights or obligations under any agreement with MMR without the prior written consent of MMR.

8.     Intellectual Property

8.1.             All intellectual property in relation to material included on the Website belongs to MMR or its  licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.

8.2.             Apart from fair dealing permitted by the Copyright Act 1968, MMR grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.

  1. Privacy

9.1            MMR will collect, use and disclose any personal information in accordance with its Privacy policy which is available upon request or can be viewed at www.managemyrainbow.com.au/privacy-policy

9.2            Advertisers and Users acknowledge MMR’s Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy policy.

10.  General

10.1            Severability: If any part of these terms and conditions are unenforceable the remainder will not be affected.

10.2            Jurisdiction:  These terms and conditions shall be governed by the laws of the state of Queensland. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

10.3            Notices: Any notice to be served to MMR under this Contract must be served personally by post, facsimile or email to MMR at: 

Postal: PO Box 5129

Victoria Point, QLD 4165.

Email: dream@managemyrainbow.com.au

  1. Subscription Advertising Services

11.1             In addition to the free limited free directory listing service provided by MMR, the Advertiser may elect to subscribe to a subscription paid advertising service, whereby MMR will provide  the following additional subscription advertising services in return for the agreed fee:

12.  Fees and Charges

12.1.             Invoicing and payment:

            a.             All Users will be required to set up a PayPal account and payment will be utilised through an ongoing PayPal subscription.

  1. Confidential account information: The Advertiser acknowledges and agrees that:

      a.       MMR may, at any time, in relation to either the advertiser, a partner or director:

i.             disclose information contained in this Commercial Credit Application and or order form, including verbal order form, concerning that person to:         

            1.             a credit reporting agency in accordance with section 18E (8)c of the Privacy Act 1988 (Cth);

            2.             another credit provider;

ii.             obtain a credit report from another credit provider about that person’s credit worthiness;

iii.             disclose information to another credit provider about that person’s consumer credit worthiness;

iv.             use information that concerns that person’s commercial activities or commercial credit worthiness pursuant to Section 18L(4) of the Privacy Act 1988 (Cth) following the receipt of a credit report for the purpose of assessing the Commercial Credit Application;

v.             disclose a report , including a verbal report, concerning that person, or any information derived from such a report, to another credit provider who requests the report or information for the purpose of assessing an application by that person for credit;

vi.             disclose this information to our Solicitors or Collection Agency in the event of the account being delinquent in accordance with Section 18K(1)g of the Privacy Act 1988(Cth).

            b.             A credit reporting agency in possession or control of a credit information file relating to either the applicant or a partner or director of the applicant may disclose personal information contained in the file to MMR:

i.             pursuant to Section 18K(1)b of the Privacy Act 1988 (Cth).

ii.             pursuant to Section 18K(1)c of the Privacy Act 1988 (Cth). Terms 1a & 1b  apply equally to the reassessment of an account in accordance with Section 18E(8)c of the Privacy Act 1988 (Cth).

13.  Cancellation Policy

13.1.             If the Advertiser wants to terminate their contract within the period of the term of the contract then the Advertiser must do the following:

  1. Provide written notice via fax or email.
  2. The Advertiser acknowledges that a cancellation request will incur cancellation fees equivalent to one half (1/2) of the remainder of the term of the Contract plus GST.
  3. A cooling off period of five (5) business days will apply to all Contracts where an advertiser may cancel their booking. No cancellation fees will be incurred as a result of cancellation during the five (5) business day cooling off period.  All cancellations within the cooling off period should be made via telephone and the cancellation will be recorded and confirmed during this call.
  4. Any refund due and payable will be paid less any applicable cancellation fees.
  5. The User is solely responsible for cancelling their PayPal subscription in relation to the provision of MMR’s services.

14.  Advertising Proposal

14.1            An advertising proposal or other information about the Services that is provided to a prospective advertiser does not constitute an agreement between MMR and the advertiser.  All advertising proposals expire within 30 days of the proposal being presented unless stated otherwise in writing.

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Business Ratings and Reviews – Terms and Conditions

As part of the website located at www.managemyrainbow.com.au (‘Website’) that is owned and operated by Manage My Rainbow Pty Ltd ACN 600 972 110 (referred to herein as ‘we’ or ‘MMR’), MMR provides a facility to enable users of the Website (referred to herein as ‘Users’, ‘your’ or ‘you’), to post reviews and rating of the quality of the goods and services provided by MMR Advertisers (herein referred to as ‘Ratings and Review Facility’) .

Ratings and Review guidelines

In keeping with MMR’s philosophy of creating a feeling of positivity for our online community, all material posted on the Website using the Ratings and Review Facility (herein referred to as ‘Posts’) should be courteous and fair.

Posts containing fake reviews, biased reviews (for example, a review about your own business or that of a family member or friend, or reviews written on a competitor’s listing) or reviews procured in exchange for payment are strictly prohibited. If reviews are found to be false, action may be taken, such as banning a user, or referring the user to legal authorities.

Posts must be based on your own genuine experience. Please refrain from overly harsh or spiteful comments or gratuitous criticism of other comments, people or businesses.

When making Posts, please keep these points in mind:

  • Ratings and Reviews are a way for users to assist other users when making a purchase decision. It is a way to provide your views on a variety of issues related to Australian businesses; everyone is entitled to their view, as long as it adheres to the Terms of Use.
  • Ratings and Reviews will be available for the general public to see, so please think carefully before you submit a review.
  • Ratings and Reviews are not the place to discuss individual disputes, for example, a dispute between a customer and a business listed in the MMR directory.
  • To ensure your security, do not post your private or personal information that will identify you or anyone else.

Content guidelines

We want businesses to get ratings and reviews that are relevant, helpful and trustworthy. To protect both business owners and customers we reserve the right to remove individual reviews that include inappropriate content.

Inappropriate content includes:

  • Inappropriate language, for example, harmful or abusive language, expletives or profanities, obscenities, hate speech, or harassing, threatening, offensive, vulgar or sexually explicit language
  • Defamatory comments
  • Information that personally identifies you or any other person, such as your full name, phone numbers, mailing addresses
  • Confidential information
  • Any illegal material, including false and misleading statements or content that may incite or promote matters of crime
  • Posting copyright content without permission of the owner
  • Apart from those which are expressly referred to on the MMR site, comments that advertise other websites, other social media sites or other companies
  • Comments that in any way refer to person(s) less than 18 years of age
  • Commercial information and/or promotions for businesses or events

    This is a non-exhaustive list and you should exercise careful judgment before submitting any reviews.

If you come across any reviews that appear to be inappropriate we ask that you use the link under each review to ‘Flag As Inappropriate’. We will assess reviews flagged as inappropriate against these guidelines.

Please note that sometimes our systems may remove a valid review from the site. No correspondence will be entered into once a review is removed or re-instated on the site.

These guidelines are supplementary and shall be read in conjunction with the Website Terms of Use located at www.managemyrainbow.com.au/termsofuse.

Flagging inappropriate content

All reviews must adhere to our Ratings & Reviews Guidelines and Terms of Use. If you believe a review is inappropriate, we want you to tell us about it. Use the link under each review “Flag As Inappropriate” and tell us why you think it is inappropriate. We will remove the review straight away and assess the content in a timely manner

If we find it hasn't breached our Ratings & Reviews Guidelines the review will be republished.

An email will be sent to the originator of the review if it is permanently removed.

Responsibility for Review Content

If you decide to create Posts for inclusion in the Ratings and Reviews section of our Website, you do so at your own risk.   

The Ratings and Reviews facility is provided ‘as is’.

MMR are under no obligation to monitor Posts, and we are not responsible for any use of the Ratings and Review Facility or Posts that you or any other third party wish to make available.

The views and opinions expressed in Posts contributed by third parties are not representations made by MMR, nor do we endorse or necessarily share the views or opinions expressed. We make no representations about the accuracy or suitability of Posts.

You are encouraged to make your own enquiries and seek your own independent advice before relying on Posts or any other associated third party content.

Our Liability

Except for any terms implied by law (that cannot be excluded) and your rights under statutory guarantees provided under consumer protection laws, we exclude all liability (including for negligence) to You or anyone else in respect to any loss or damage (including special, indirect or consequential loss or damage) arising out of or in connection with Ratings and Reviews. To the extent permitted by statute (and where it is fair and reasonable to do so in respect of a statutory guarantee) MMR and it's contractors' liability for any breach of such term is limited to resupplying the services.

Your Liability

You are liable to MMR  and agree to indemnify MMR against all claims, demands, damages, costs, penalties and liabilities caused directly or indirectly by your acts or omissions or your breach of these Terms.

    You warrant that your Posts:

  1. Are not false and are factually correct;
  2. are based on reasonable grounds and honestly reflect your actual and genuine opinion and experience;
  3. are not illegal or unlawful or will cause a breach of a law or any code of conduct;
  4. do not include pornographic, sexually explicit, violent, threatening or obscene content;
  5. do not contain any information that will personally identify any third party unless You have obtained that person’s consent;
  6. do not refer to persons under the age of 18;
  7. do not include any inappropriate language including racist, hateful, discriminatory, or language that vilifies any person;
  8. do not infringe any third party’s intellectual property rights, including copyright, that you have the right to grant us the licence as set out below and that we will not infringe the intellectual property rights or any other rights of any other person by using the licence set out below;
  9. do not infringe the moral rights of any third parties and that you have obtained any necessary moral rights consents from authors of work you submit as part of your Posts;
  10. are not defamatory or malicious or promote, incite or instruct matters of crime;
  11. will not transmit any malware, viruses or harmful computer code;
  12. do not constitute a commercial solicitation to users of Ratings and Reviews or Advertisers to buy goods or services;
  13. do not refer to businesses which are not listed on the Website or otherwise refer to any other web sites or applications, including social media sites; and
  14. have not been created in exchange for any form of benefit or payment from a third party.

    You acknowledge:

  • We are under no obligation to publish Posts and may remove or edit Posts in our absolute discretion;
  • except where MMR are legally required to do so, we are under no obligation to monitor, remove or modify Post  content and, in that regard, at all times we shall remain neutral; and
  1. We may, at our discretion, terminate your access to Ratings and Reviews Facility for any reason, including if we believe you have breached these Terms.

Intellectual Property

You retain ownership of intellectual property rights in Posts that you submit, post, transmit or make available on the Ratings and Reviews Facility.

You grant to us a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your Posts. The licence you grant to MMR is not limited to use in connection with the Ratings and Reviews Facility and its syndication to other channels. We may use your Posts for any purpose of our business, including marketing, and we have the right to sub-license these rights.

This licence will survive the termination of this agreement between you and us for any reason.

You unconditionally and irrevocably waive any moral rights you may have in respect of your Posts, including any rights of integrity and attribution for authorship and not to have authorship falsely attributed.

You acknowledge:

  1. We are under no obligation to publish Posts on the Website using the Ratings and Reviews Facility and we may remove or edit Posts in our absolute discretion;
  2. except where we are legally required to do so, We are under no obligation to monitor, remove or modify Post content and, in that regard, at all times we shall remain neutral; and
  3. We may, at our discretion, terminate your access to the Ratings and Reviews Facility for  any reason, including if we believe you have breached these Terms.

You retain ownership of intellectual property rights in Posts that you submit, post, transmit or make available on the Website using the Ratings and Review Facility.

You grant to MMR, a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your Posts. The licence you grant us is not limited to use in connection with Ratings and Review Facility and its syndication to other channels. We may use your Posts for any purpose of our business, including marketing, and we have the right to sub-license these rights.

This licence will survive the termination of this agreement between you and us for any reason.

You unconditionally and irrevocably waive any moral rights you may have in respect of your Posts, including any rights of integrity and attribution for authorship and not to have authorship falsely attributed.