eRoam Pty Ltd Website Terms and Conditions

Last updated and effective as of September 17, 2020.

 

eRoam Pty Ltd (“eRoam,” “we,” “us,” or “our”) owns and operates the website eroam.com or any other website owned by eRoam and that links to these Terms (this “Site”). Please read these Website Terms of Use (“Terms”) carefully before using this Site. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THIS SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS, CONDITIONS, POLICIES, AND NOTICES CONTAINED IN THESE TERMS, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, VENUE SELECTION, AND A CHOICE OF VICTORIAN LAW IN AUSTRALIA. 

These Terms shall have the same force and effect as a signed agreement. Any password-protected areas of this Site may be subject to additional terms or agreements with us. 

  1. Site Content

(a) All contents of this Site are owned by eRoam. All rights reserved. eRoam and the eRoam logo are trademarks of eRoam. This Site contains copyrighted material, trademarks, and other proprietary content, including but not limited to text, software, sound, photographs, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under Australian copyright laws (collectively, “Intellectual Property Rights”). Neither these Terms nor your use of this Site transfers any right, title or interest in the Site, the Content, or Intellectual Property Rights to you, and eRoam and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.

(b) Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of eRoam. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site.

(c) This Site is controlled, operated, and administered by eRoam from its offices or servers within Australia.  A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The Content of this Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. You may not use this Site or export the Content in violation of any Australian or other international export laws or regulations. You are responsible for compliance with all laws and regulations applicable to the country, state, or region from which you access the Site.

(d) Certain materials on this Site may be furnished by third parties, including advertisements. Certain product, service, or company designations for companies other than eRoam may be mentioned in the Site for identification purposes only, such as eRoam’s representative clients. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

(e) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved by eRoam Pty Ltd.

  1. User Conduct

By using this Site, including any Content and services available through it, you agree that you shall not:

(a) delete, modify, hack or attempt to change or alter any of the Content on this Site;

(b) attempt to access accounts, computer systems, or networks connected to any of our servers or to this Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through this Site;

(c) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of this Site or servers or networks connected to this Site, or take any other action that interferes with other parties’ use of this Site;

(d) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on this Site for purposes other than for a generally available search engine;

(e) use any of eRoam’s names, service marks, or trademarks, or logos without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

(f) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

(g) transmit or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;

(h) create a false identity for the purpose of misleading others, breach any contractual or confidentiality obligations, or violate the privacy rights of others;

(i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party; or

(j) provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.

  1. Permissible Use

Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions: (a) you may only use the Content for personal, informational, or non-commercial purposes, or to request further information about eRoam; (b) you may not provide, sell, license or lease the Content or access to the Content for any fee or other consideration; (c) you must ensure all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies; (d) you may not modify or alter the Content in any way; and (e) you may not use any graphics separately from accompanying text.

  1. Feedback

eRoam may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products, services and the Site (“Feedback”).  You agree that eRoam may, in its sole discretion, use the Feedback you provide to eRoam in any way, including in future modifications of this Site or in other eRoam products or services. You hereby grant eRoam a perpetual, worldwide, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, modify, create derivative works from, distribute, display, and otherwise exploit the Feedback for any purpose.

  1. Updates to these Terms

eRoam may change, modify, add, and/or delete all or portions of these Terms from time to time by posting updated Terms on this Site, which shall apply to your use of this Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of this Site.

  1. Modification or Termination of Site

eRoam reserves the right to modify or terminate your access to this Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update this Site. Sections 1, 2, and 4, this Section 6, and Sections 8-19 of these Terms shall survive any termination. eRoam may also impose limits on certain features and services, restrict your access to part or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that eRoam will not be liable to you or any third party in the event that eRoam exercises its right to modify or terminate access to this Site or portions of this Site.

  1. Privacy 

eRoam may treat any information it collects from you through this Site in accordance with its online Privacy Policy (the “Privacy Policy”). Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.

  1. Accounts and Passwords

In order to access certain features on this Site and to post content on this Site, you may be required to create an account. By setting up an account, you agree to provide eRoam with accurate and complete information. You are responsible for protecting and maintaining the secrecy of your username and password. eRoam will not be responsible or liable for any loss or damage that results from your failure to comply with this security obligation. You are solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized such activities or actions. You agree to immediately notify eRoam of an unauthorized use of your username or password. 

  1. Copyright Infringement

In accordance with the Australian Commonwealth Copyright Act 1968

eRoam has designated an agent to receive notifications of alleged copyright infringement associated with this Site. eRoam will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the Australian Commonwealth Copyright Act 1968.

If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at info@eroam.com or through the address set forth at the end of this page. When notifying eRoam of the alleged copyright infringement, please include all of the following information:
(a) a physical or electronic signature of a person authorised to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

(b) identification of the copyrighted work alleged to have been infringed;

(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on this Site;

(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;

(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on the copyright owner’s behalf.

If material is believed in good faith by eRoam to infringe a copyright or otherwise violate any intellectual property rights, eRoam may remove or disable access to any such material.

  1. Other Sites, Content, Products and Services

As a convenience to you, this Site may provide links to websites and access to content, products and services of third parties, including without limitation, eRoam affiliates, advertisers and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). All Linked Sites are provided only because they may be of interest to users of this Site or offer a service for your convenience. Information and views contained in Linked Sites are not adopted or endorsed by us. 

You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. eRoam does not author, edit or monitor these Linked Sites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by eRoam, or vice versa; (b) third-party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with advertisers other than us found on or through this Site.

  1. Typographical Errors

Our goal is to provide complete, accurate, up-to-date information on this Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. eRoam therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

  1. Exclusion of Other Warranties

No employee, agent, representative or affiliate of eRoam has authority to bind eRoam to any oral representations or warranty concerning this Site. Any written representation or warranty not expressly contained in these Terms will not be enforceable.

  1. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EROAM AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE. EROAM MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THIS SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT OR ANY SUBMISSION WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE; (D) THE QUALITY OF ANY PRODUCTS, CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EROAM OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.


YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

  1. Limitation of Liability

IN NO EVENT SHALL EROAM OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR CONTENT PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF EROAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORISED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS (AUD $100.00). 

 

  1. Indemnity

You agree to indemnify and hold harmless eRoam, its affiliates, shareholders, directors, officers, employees and agents, and, at eRoam’s sole election, defend the foregoing, from and against any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms or your violation of any rights of any third party.

  1. Limitation on Actions Brought Against Us

You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by eRoam to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

  1. Dispute Resolution

You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, eRoam may seek injunctive or other appropriate relief. The arbitration shall be conducted The Dispute Settlement Centre of Victoria.

No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorised to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all charges and fees associated with the arbitration.


BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.


The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the state or federal courts in Melbourne Victoria Australia., for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, to temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 17 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Melbourne Victoria Australia.

  1. General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. eRoam’s failure to act with respect to a breach by any visitor using this Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Victoria Australia without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of Australia, the laws, rules and regulations of Australia will govern. These Terms as posted from time to time by eRoam on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

  1. Contact Information

If you have any questions about these Terms, the practices of eRoam, or your dealings with this Site, or would like to update your personal information, please contact us at info@eroam.com or through the Post Office Box 184 Mentone, Victoria Australia 3194.