Terms of Service

1.  MEMBER ACCOUNT, PASSWORD, AND SECURITY
   1. To become a Member, Groups/Organisations must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. Applicants will then receive a paper application form to complete and return. On completion and return of the Application Form (subject to meeting the requirements), applicants will gain Member status and will be issued a user-ID and password.
   2. Members are entirely responsible for maintaining the confidentiality of their password and account. Furthermore, Members are entirely responsible for all activities that occur under Member account.
   3. Members agree to notify Online WA Multicultural Communities immediately of any unauthorised use of their account or any other breach of security.
   4. Members agree to maintain their sites regularly and keep it up to date.
   5. Members agree to place their community/service events, activities and project details in their Calender of Events pages and encourage and promote the usage of the web site and services to all its members.
   6. Should a site remain idle or static for an unreasonable period of time the Member might loose its membership privileges and their account might be allocated to other groups.
2. DISCLAIMERS/LIMITATION OF LIABILITY
   1. Online WA Multicultural Communities is not responsible for the content posted by Online WA Multicultural Communities Members or visitors on any area of our site, including (without limitation) homepages, chat rooms, bulletin boards, calendar of events, our stories and e-mail accounts.
   2. The opinions and views expressed by Online WA Multicultural Communities Members or visitors do not necessarily represent those of the Online WA Multicultural Communities, and Online WA Multicultural Communities does not verify, endorse, or vouch for the content of such page(s).
   3. Members and visitors are responsible for independently verifying any information or advice, including (without limitation) representations of fact, nature, quality and suitability.
   4. The Member and the visitor agree that the Member or visitor shall not bring any action against the State of Western Australia or its officers, agents or employees, if any information or material is found to be incorrect, erroneous, defective, deceptive or misleading or defamatory, whether caused by the negligence of the State of Western Australia or any other cause whatsoever.
   5. Online WA Multicultural Communities is not responsible for the delivery or quality of any goods or services sold or advertised through or on Online WA Multicultural Communities Members' page(s). The State of Western Australia and its officers, agents and employees, are not liable, to the extent permitted by law, to any Member or visitor in respect of any loss or damage, (including liability for personal injury, sickness or death and including consequential damage) which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied through Online WA Multicultural Communities site.
   6. If you believe that any of the content posted by our Members or visitors violates your proprietary or civil rights, including copyrights, please contact our Liaison Officer to Receive Notification of Claimed Infringement identified on our site.
   7. By submitting their pages to Online WA Multicultural Communities, Members or visitors represent that the pages comply with Online WA Multicultural Communities Terms of Service.
   8. If any third party brings a claim, lawsuit or other proceeding against Online WA Multicultural Communities based on Member conduct or use of Online WA Multicultural Communities services, Members agree to compensate Online WA Multicultural Communities (including its officers, and employees) for any and all losses, liabilities, damages or expenses, including solicitor's fees, incurred by Online WA Multicultural Communities in connection with any such claim, lawsuit or proceeding.
3. MEMBER CONDUCT
   1. Online WA Multicultural Communities is the final arbiter of what IS and IS NOT allowed on our Portal.
   2. Online WA Multicultural Communities reserves the right to modify or remove anything submitted to Online WA Multicultural Communities, and to cancel any membership.
   3. Online WA Multicultural Communities is not obliged to maintain back-up copies of any material submitted or posted on our site.
   4. Online WA Multicultural Communities may at its absolute discretion terminate your membership and/or remove any of your page(s) or material on your site for, including, but not limited to, the following actions or activities:  
      1. Posting or providing links to any content which violates our Terms of Service or is deemed undesirable by Online WA Multicultural Communities (on behalf of the State of Western Australia) at its absolute discretion.
      2. Conducting or providing links to any raffle, contest, or games which, violates any local, State or national laws.
      3. Displaying on your page any paid advertising or other paid sponsorship banner other than Online WA Multicultural Communities affiliate programs that:
         1. does not comply with the Terms of service, or
         2. dominates more than 5 percent of any page or website.
      4. Restricting access to your Online WA Multicultural Communities web page(s) or files only to users with passwords.
      5. Using in the registration of your Online WA Multicultural Communities membership an e-mail account that is not your own or that is or becomes inactive.
      6. Violating the Online WA Multicultural Communities Chat Rules and Courtesy. Please read and familiarise yourself with the Online WA Multicultural Communities Chat Rules and Courtesy.
      7. Reproducing, distributing, republishing or re-transmitting material posted by other Online WA Multicultural Communities Member/s without the prior permission of such Members.
4. TERMINATION
   1. Posting of the following material, subject to the opinion of the Online WA Multicultural Communities (on behalf of the State of Western Australia) at its absolute discretion, WOULD NOT BE TOLERATED and will result in automatic termination of your membership and removal of your web page(s)and all privileges:
      1. Any material which, subject to the opinion of the Online WA Multicultural Communities (on behalf of the State of Western Australia) at its absolute discretion, may:
         1. incite, encourage or present for their own sake violence or brutality,
         2. simulate news or current events in such a way as to mislead or alarm, readers; or
         3. present as desirable the misuse of drugs including alcohol, narcotics and tobacco.
      2. Material which may stereotype, incite, vilify, or perpetuate hatred against, or attempt to demean any person or group on the basis of ethnicity, nationality, race, gender, religion, age, or physical or mental disability.
      3. Nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent or that violates local, state and national laws.
      4. Any material that may in the opinion of the Online WA Multicultural Communities (on behalf of the State of Western Australia) at its absolute discretion, violate or infringe in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights. This includes 'WAREZ' (copyrighted software that is distributed illegally), "mp3"' files of copyrighted music, copyrighted photographs, text, video or artwork.
      5. If you do not own the copyright nor have express authorisation and documented permission to use it, do not post it in the Online WA Multicultural Communities site.
      6. Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; including posting other peoples' private information.
      7. Content that promotes, encourages, or provides instructional information about illegal activities---specifically hacking, cracking, or phreaking.
      8. Any software, information, or other material that contains a virus, including but not limited to, 'Trojan Horse', 'worm' corrupted data, or any other harmful or damaging component.
      9. Hate propaganda or hate mongering, swearing, or fraudulent material or activity.
      10. Any other material which the Online WA Multicultural Communities (on behalf of the State of Western Australia) at its absolute discretion considers is undesirable.
5.  LINKS TO THIRD PARTY SITES
   1. The links included within the service may let you leave the service web sites to the ('LINKED SITES').
   2. The Linked Sites are not under the control of Online WA Multicultural Communities and Online WA Multicultural Communities is not responsible for the contents of any Linked Sites or any link contained in Linked Sites, or any changes or updates to such Linked Sites.
   3. Online WA Multicultural Communities is not responsible for web-casting or any other form of transmission received from any Linked Site.
   4. OnlineWA Multicultural Communities is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Online WA Multicultural Communities of the site or any association with their operators.
   5. Online WA Multicultural Communities Members must never provide or include any links from their web pages to the sites that contravene the Online WA Multicultural Communities portal's Terms of Service.
6.  MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
7. Online WA Multicultural Communities reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on its Web site.
8. You are responsible for regularly reviewing the TOS.
9. Continued use of the Service after any such changes shall constitute your consent to such changes.
10. PROCEDURE FOR DISPUTES, AND DISPUTES RESOLUTION
    1. Online WA Multicultural Communities will establish a sub-committee to investigate complaints that are raised by Members or by general public alleging breaches of (TOS) and material published by Members.
    2. The sub-committee shall be known as the 'Complaints Committee' and shall consist of (3) members appointed by ECC and OCMI. A convenor of the Committee shall be chosen by the members of the Complaints Committee. (2) members shall constitute a quorum.
    3. The Complaints Committee shall conduct its investigations and inquiries in accordance with rules of natural justice and shall take into account the interests of Online WA Multicultural Communities and the interests of other parties and the public.
    4. All complaints and disputes must be received in writing together with the complainant's or disputee's full name and contact details and a copy of any relevant material.
    5. Any complaints received or any disputes referred to Online WA Multicultural Communities or any of its Members shall as soon, as is reasonably practicable be referred to the Complaints Committee.
    6. Upon receipt of a complaint or notification of a dispute, the Complaints Committee shall appoint one or more of its members initially to mediate at a meeting with all parties concerned.
    7. The mediation shall aim to resolve the matter with due regards for the opinions and feelings of all parties.
    8. The mediator shall remain impartial and ensure that all points of views are considered.
    9. If a resolution is not reached at the mediation then the complaint or dispute shall be referred back to the Disputes Committee for investigation and determination.
    10. The Complaints Committee shall have the following powers:
        1. It may order translation of allegedly offending texts (if not in English) where reasonably necessary with costs of the same to be born by such party or parties as the Committee shall determine.
        2. It may hold meetings/interviews with individuals or groups involved in or concerned with the complaint or dispute in order to establish the facts.
        3. It may seek legal advice when it considers it necessary to do so.
    11. Upon hearing and determining the complaint or dispute referred to it the Complaints Committee may:
        1. dismiss the complaint, or
        2. find the complaint to be proven.
    12. Where it finds the complaint to be proven or in the case of a dispute, the Complaints Committee may at its discretion determine how the complaint or dispute shall be resolved and in doing so shall take into account the (TOS), the interests of all parties involved, the interests of Online WA Multicultural Communities and the interests of public.
    13. Meetings and interviews by or on behalf of the Complaints Committee shall be held at neutral venues where reasonably possible.
    14. The Complaints Committee shall inform all parties of its determination in writing (electronic or mail) within 7 days of making the determination.
11. GENERAL
    1. This agreement is governed by the laws of the State of Western Australia, and the Commonwealth of Australia.
    2. Use of the Service is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
    3. Online WA Multicultural Communities performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Online WA Multicultural Communities right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by OnlineWA Multicultural Communities with respect to such use.
    4. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
    5. Unless otherwise specified herein, this agreement constitutes the entire agreement between the Member/visitor and OnlineWA Multicultural Communities with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Member/visitor and Online WA Multicultural Communities with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    6. Members and OnlineWA Multicultural Communities agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
    7. The Member will not assign or otherwise part with any of its rights or obligations under the Terms of Service without the prior written consent of the OnlineWA Multicultural Communities.
    8. The Member will comply at its own cost with all laws and the lawful requirements of any public, local or other government authority.
    9. The Member site administrator will conduct at least monthly reviews of the Member's site in order to monitor conformity with the terms of the Terms of Service.
    10. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
12. CHAT ROOM RULES AND COURTESY
    1. We strongly believe in keeping our On-line world safe, clean and fun, so that people like you will make Online WA Multicultural Communities their home on-line.
    2. Within the walls of our chat rooms you will have the opportunity to meet people from all over the world. Online WA Multicultural Communities members and chatters have very diverse backgrounds. In order to make everyone's on-line experience enjoyable we have enforced chat room rules that embrace all communities both on and off-line. We are confident that this will help to make your experience fun and rewarding.
    3. To have fun and enjoy chatting, please consider and observe the following:
       1. You must always:
          1. Treat others as you would like to be treated.
          2. Treat others with civility and respect.
          3. Keep in mind that vulgarity and disruptive behaviour are inappropriate On-line. If you encounter a troublesome member in a chat area please ignore them and/or recruit the assistance of the Community Leader or Guide.
       2. You must never:
          1. Insult fellow chatters by using ethnic, racial, phobic remarks.
          2. Create chat room nicknames that are sexually explicit, insulting to other chatters, vulgar or disrupting in anyway to the harmony of the room. We understand that beliefs may differ, but offensive User ID's are not the way to voice your stance on a given topic.
          3. Give out personal information such as your address, telephone number, parent's work address/telephone number, or the name and location of your school/workplace in a public forum. Chat rooms are great places to meet people on-line. However, you should not disclose your personal information and details in a public chat room
    4. Do use emoticons to express yourself On-line. Emoticons are human-face drawings composed of text characters. They help express emotions On-line -- for more dynamic communication.
       Here are just a few (tilt your head to the left to see the effect):
       -  :) means: 3D smile
       -  ;) means: 3D wink
       -  :( means: 3D frown
       -  >:-) means: is a devil
       -  0:-) means: is an angel
       -  =:o means: Surprise!
    5. Do Not use all caps in a chat room. This means that you are yelling and it undoubtedly will insult and anger fellow chatters, so please NO CAPS!!:-)