User Agreement

Last Updated: 1 June 2006

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

Welcome to Dazzled Pty Ltd's ("Dazzled's") User Agreement. This Agreement describes the terms and conditions that govern your use of our services at http://www.dazzled.com.au/ (the "Site"). If you have any questions, please use the Contact Us form.

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 Dazzled.

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 displayed on the User Agreement page located at http://www.dazzled.com/pages/agreement.php. 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 Dazzled. This Agreement may not be otherwise amended except in writing signed by you and Dazzled. This agreement is effective on your registration date.

1. Membership Eligibility.

Our services are available only to, and may only be used by searchers (teachers and other school staff or their agents, parents of students, activity coordinators, youth group leaders or their agents) and vendors supplying services to searchers.

2. Fees and Services.

Registration and site usage is free for searchers. Registration is free for vendors. If you are a vendor and you create a listing, you will not be charged for that listing until you activate the listing. Our Fees and Credits Policy is incorporated into this User Agreement. We may change our Fees and Credits Policy and the fees for our services from time to time. We may also choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events. 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.

3. Listings

3.1 Vendor Listing Description. If you are a vendor, you must describe your service or venue clearly on our site. Your listings may only include text descriptions, company logos, and other content relevant to the advertising of your service or venue. All listings must be listed in an appropriate category or categories. Any listings not listed in an appropriate category are subject to removal. Vendors who have placed a listing in an incorrect category will be notified via email and have 14 days to modify their listing. If a vendor fails to correct their listing, the listing may be deactivated. In the event that a listing is deactivated, a request may be made in writing (via email) to have the listing reactivated after the listing has been corrected. Corrected listings will be restored within 14 days. If a listing is deactivated, the expiration date of the listing will not be extended, nor will the listing fee be refunded, in full or in part.

3.2 Duplicate Listings. Duplicate listings that disadvantage other members by moving their listings lower in the search results, are not permitted.

3.3 Fraud. Without limiting any other remedies available to Dazzled at law, in equity or under this Agreement, Dazzled may, at its sole discretion, suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our Site.

3.4 Manipulation. Neither you, nor any other searchers or vendors may not interfere with or manipulate other users' listings.

3.5 Cancellation. A listing may be cancelled at any time however Dazzled will not pay any refunds, in whole or in part, due to cancellation by the vendor.

3.6 Accuracy. Dazzled makes its best efforts to ensure the information available on the site is accurate, however Dazzled does not guarantee that the site is free from errors

3.7 Suitability. Dazzled makes no warranty or representation about the fitness or suitability of any product or service advertised on the site.

3.8 Risk Assessments. Dazzled makes no representations about the accuracy of risk assessments provided by third parties. Use of these assessments is at your own risk and Dazzled takes no responsibility for the content of these risk assessments. Users of the site should also conduct their own risk assessment if intending to go to an advertised venue or using an advertised service.

3.9 Listing Removal. The following types of listing are cause for immediate listing removal, warning and/or suspension from the site. Other inappropriate listings not listed below may also warrant removal and/or suspension from the site. Dazzled reserves the right to remove any listing without warning or further notice, for reasons including, but not limited to the following:

1. Posting contact information about another individual.
2. Posting material containing profanity, vulgarity, hate speech, disruptive or hostile comments, interpersonal disputes or threats of violence.
3. Posting material (graphic or text) that is obscene, pornographic or adult in nature.
4. Posting material with the intent to impersonate another person, user or organisation through the use of similar names or any other method or device.
5. Refusing to follow Dazzled staff instruction or direction.
6. Only persons aged 18 or over may create or edit a listing, without regard to whether an adult actually owns the listing or parental/guardian permission.
7. Posting copyrighted items without the permission of the copyright owner.
8. The use of false registration information or creating multiple accounts for use on Dazzled?s site.

4 Liability Waivers.

All liability waiver forms generated on the Dazzled site are provided "as is", without any warranty, express or implied, as to their legal effect, completeness, or fitness for any particular purpose. All Liability Waivers should be used as a guide and modified to meet the laws in your state. Please use at your own risk.

5. Your Information.

5.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message area or through any email feature. Your Information includes your listings. 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:

1. be false, inaccurate or misleading;
2. be fraudulent or involve the sale of counterfeit or stolen items;
3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
4. violate any applicable law, statute, ordinance or regulation
5. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
6. be obscene
7. 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
8. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
9. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or that you do not have a right to link to or include

5.3 License. Solely to enable Dazzled 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, sublicensable 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. Dazzled will only use Your Information in accordance with our Privacy Policy.

6. Access and Interference.

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 interfere or attempt to interfere with the proper working of our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 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 Dazzled or the appropriate third party authorised to grant such permission.

7. Breach.

Without limiting other remedies available to Dazzled 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, or the Dazzled Privacy Policy; 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.

8. Privacy.

Dazzled has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a member of Dazzled.

9. No Warranty.

9.1 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.

9.2 To the extent that Dazzled and all affiliates and related entities of Dazzled are able to limit the remedies available under this Agreement, and subject to Clause 13 of this Agreement, Dazzled and all affiliates and related entities of Dazzled 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 Dazzled's sole discretion): b. in the case of services: i. the supply of the services again; or ii. the payment of the cost of having the services supplied again.

10. Liability Limit.

10.1 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 DAZZLED AND ALL AFFILIATES AND RELATED ENTITIES OF DAZZLED HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
A:THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND
B:AUD$100.

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

11. 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.

12. 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 listings. Specifically, you must ensure that your activities, services 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. YOU ALONE, AND NOT Dazzled, 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.

13. No Agency.

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

14. Notices.

Except as explicitly stated otherwise, any notices shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to Dazzled Pty Ltd, PO Box 694, Indooroopilly Qld 4068 (in the case of Dazzled) or to the email address you provide to Dazzled during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Dazzled during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For purposes of this section, "Business Day" means a day on which banks are open for general business in Brisbane, Queensland, other than a Saturday, Sunday or public holiday.

15. 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.

16. Additional Terms.

16.1 Our Privacy Policy is available at http://www.dazzled.com.au/privacy.php. We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the Privacy Policy page.

17. General.

This Agreement shall be governed in all respects by the laws of the State of Queensland, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, 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 Dazzled, 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, 5.3 (License), 6 (Access and Interference), 10 (Liability Limit), 11 (Indemnity) and 15 (Arbitration) shall survive any termination or expiration of this Agreement.