Acceptable Use Policy

General Terms

  1. Wadjemup Trading Pty Ltd (ABN 58 123 484 515) (Rottnest Express or We/we or Our/our or Us/us) maintains this website www.lovemyrotto.com for your enjoyment, entertainment, information and use (Website). We invite you to contribute to this Website by uploading your Content (see definition in Clause 46) to the Website or by contributing to any other interactive component of the Website (as applicable) in the manner required.
  2. By accessing, browsing and contributing to this Website, you agree to accept, without limitation or qualification, the Website Terms of Use, Privacy Policy, Community Guidelines and this Acceptable Use Policy. We may at any time revise this Acceptable Use Policy by updating this posting. In the event that changes are made to this Acceptable Use Policy, you will be asked to reaccept the Acceptable Use Policy by re-ticking the check box on the ‘My Settings’ page of the Website. You will not be able to re-enter the Website until you have agreed to the updated Acceptable Use Policy.
  3. Rottnest Express is neither intended for, nor directed to, persons who are under the age of thirteen (13) years old. You may only access and contribute to this Website if you are aged at least thirteen (13) years and if you are under the age of eighteen (18) you may only access and contribute to this Website with the involvement and consent of a parent or legal guardian.
  4. All material on the Website posted by Rottnest Express is protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in this Acceptable Use Policy.
  5. Your use of the Website is at your own risk. The views which are expressed on this Website are not the views of Rottnest Express or the views of any related corporate entity and we accept no liability in respect of any material posted on this Website, nor are we responsible for its content or accuracy. Any reliance you place on material or Content posted on this Website is at your own risk.
  6. We assume no responsibility or liability arising from the contents of any Content, postings or contributions to this Website nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such Content or contributions.
  7. We (and our associated agencies and companies) shall not be liable for any Loss (including, without limitation, indirect or consequential Loss), damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person's negligence) in connection with this Website, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  8. Publication of electronic addresses on this Website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
  9. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of or uploading of Content to this Website, including but not limited to browsing the Website (including accessing hyperlinks), contributing to the Website or downloading any materials, data, text, images, video, or audio from the Website. We also assume no responsibility, and shall not be liable for, any interruptions or errors in gaining access to the Website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Website. We also assume no responsibility, and shall not be liable for, any problems or technical malfunction of any telephone or network or lines, servers or providers, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures related to, or resulting from, your access to, use of or uploading of Content to this Website.
  10. Any costs associated with accessing this Website remain your responsibility and are dependent on the service provider used.

Registration

  1. In order to upload Content and contribute to this Website, you must register a user account with a login email address and password. You may also register a user account via Facebook Connect if you have an existing registered Facebook account, or you may register a user account via OpenID if you have an existing registered OpenID account.  
  2. In order to register a user account in the manner required, you must provide your full name, current and valid email address, date of birth and gender (Registration Data). All information provided must be true, accurate, current and complete. Incomplete, ineligible or incomprehensible user account registrations will be deemed invalid. 
  3. You will not be able to access certain parts of this Website, upload Content or contribute to this Website unless you have registered a user account in the manner required by us. You must log in to your user account in the manner required each time you wish to upload Content or contribute to the Website. You may never use another’s account without permission.
  4. You are responsible for maintaining the strict confidentiality of your account login and password, and you are responsible for any activity under your account and password. You agree to:
    • immediately notify us of any unauthorised use of your password or account or any other breach of security by sending an email to info@lovemyrotto.com; and
    • ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account and notify us when you desire to cancel your account.
    • We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

  5. We reserve the right to refuse requests to register user accounts in our sole discretion. Without limiting the above, this includes but is not limited to refusing requests for suggested user logins which are the same as or similar to existing user logins or are inappropriate, offensive, obscene, abusive, defamatory or inciteful, and logins which infringe copyright, contain brand names, company names, or registered trademarks, contain names of high profile or public figures or names promoting political, religious, social, or economic issues. In creating your user account, you must not intentionally use the name of another living person.
  6. We will not accept any request to register a user account that we suspect is being made by or on behalf of a contributor who has been suspended from the site for breach of this Acceptable Use Policy or has been suspended as a user/contributor of another Website for vexatious, illegal, or inappropriate comments/contributions.
  7. Rottnest Express’ use of Registration Data and certain other information about you is subject to our Privacy Policy

Your obligations

  1. You are responsible for the Content you post. You must not at any time post any Content or make a contribution in any other form to this Website which includes, but is not limited to, any of the following:
    1. content that is contrary to the Rottnest Express Community Guidelines, available at www.lovemyrotto.com/communityguidelines;
    2. content that depicts, alludes to or promotes offensive or illegal behaviour;
    3. content that is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
    4.  content that is defamatory of an identifiable person;
    5.  content that harasses or advocates harassment of another person;
    6. content that exploits people in a sexual or violent manner;
    7. content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    8. content that solicits personal information from anyone under eighteen (18) years old;
    9. content that has been disclosed to you in confidence or which, by its nature, is confidential;
    10. content which compromises the privacy and security of anyone other than yourself;
    11. content that provides any telephone numbers, street addresses, last names, personal banking or financial information, URLs, or email addresses;
    12. content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;
    13. content belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it;
    14.  content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music, or links to pirated music files;
    15.  content that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, or "spamming";
    16. content that us transmitted to third parties in breach of the Spam Act 2003 (Cth);
    17.  content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing, or creating computer viruses;
    18. content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    19. content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    20. content that contains 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;
    21. content that includes a photograph or image of another person that has been submitted without that person's consent;
    22. content that uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content intended to draw traffic to a user’s contribution or external online profile or website;
    23. content where use by Rottnest Express, or any third party licenced or permitted by Rottnest Express, will give rise to any third party claims;
    24.  links where those links take users to unlawful material or material that contravenes this Acceptable Use Policy;
    25.  content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes; and
    26. content that does not strictly comply with any of our competition or contest requirements.


        
  2. By uploading Content or contributing to this Website, you warrant:
    1. you are aged eighteen (18) years or older or if you are aged under eighteen (18) years you have parental or guardian consent to upload Content;
    2. all registration information you submit is truthful and accurate and you will maintain the accuracy of such information;
    3. you have the rightful power and authority (including but not limited to owning or having the necessary licences, rights, consents and permissions) to upload the Content or make the contribution in the form and manner and name in which it is submitted;
    4. your transmission of the Content is not in breach of the Spam Act 2003 (Cth);
    5. you own the Intellectual Property Rights in the Content or contribution and have the right to assign copyright ownership and other Intellectual Property Rights in the contribution to us or exclusively or non-exclusively licence the Content to us (as required);
    6. your uploading Content or contribution does not violate the privacy rights, copyright, contract rights or other rights (including but not limited to Intellectual Property Rights) of any person, corporation or entity.
    7. your uploading Content or contribution does not contain content that is illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive, objectionable, or disparaging;
    8. in uploading Content or contributing to the Website, you will not knowingly restrict or inhibit any other user from using or enjoying the Website;
    9. in uploading Content or contributing to and using the Website, you will not download any material posted by another user if you know, or ought to reasonably know that such material cannot legally be distributed in such a manner;
    10. if your uploading Content or contribution in any way includes or involves third parties or third party property, that you have obtained the required consents and releases from those third parties (or third party property owners) to include them in your contribution;
    11. if your uploading Content or contribution in any way includes or involves third parties or the property of third parties, that the third parties or their parents or legal guardians (as applicable) have been informed by you and agree in writing that their image or the image of their property (as applicable) may be used by us in any media for an unlimited period of time without remuneration or compensation to the third party or their parents or legal guardians (as applicable) for the purposes of our Website, and promoting, publicising and/or marketing our Website, brand, products or services, and any other purpose in our sole discretion;
    12. your uploading Content or contribution does not contain any misrepresentations or suggestion that any entity has the approval or sponsorship of any other entity which it does not have;
    13. your uploading Content or contribution does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
    14. your uploading Content or contribution does not contain content that is contrary to the requirements or directions of relevant Regulators;
    15. your uploading Content or contribution does not contain content that has been used in previous marketing materials or promotions for any third party or where any third party has been granted use of that content for any purpose whatsoever, including commercial purposes;
    16. your uploading Content or contribution does not contain content that contains 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;
    17. you will not use this Website for the purpose of advertising, promoting or soliciting any goods or services or otherwise engage in trade or commerce or provide any financial advice or advice of any kind in relation to any financial product or service;
    18. that during the course of creating your Content or contribution your conduct was not illegal, contrary to any Laws, indecent, obscene, threatening, discriminatory, or harassing to any person; and
    19. that you agree to your uploading Content or contribution being available on the Website and social media platforms (including Facebook) for public viewing, voting and comment and that your uploading Content or contribution may be used in any way by such social media platforms and by us in any media worldwide for an unlimited period of time without remuneration or compensation for the purposes of our Website, and promoting, publicising and/or marketing our Website, brand, products or services, and any other purpose in our sole discretion.

    Our Rights

    1. We may monitor all Content or other contributions submitted and may accept, reject or remove any Content or other contribution to be publicly posted on this Website or already posted on this Website. The decision to accept, reject or remove any Content or contribution is in our sole and absolute discretion and no correspondence will be entered into. Without limiting the above, we recommend that your Content or other contribution complies with Clauses 18 and 19 and the Rottnest Express Community Guidelines to increase the likelihood of any Content or contribution being accepted for public posting on this Website and to decrease the likelihood of any Content already posted on the Website being removed from the Website. By submitting Content or any other contribution, you understand that there is no guarantee that your Content or other contribution will be posted on this Website for public viewing, or, in the case of content already posted on this Website, remain posted on this Website for public viewing.
    2. You may be requested by us to resubmit your Content or contribution to us if we consider the Content or contribution submitted to be ineligible to be accepted for public posting on this Website or not of a sufficiently high format quality. Our decision to request the resubmission of Content, or to accept or reject any resubmitted Content for public posting, is in our sole and absolute discretion and no correspondence will be entered into. Failure by you to resubmit your Content or contribution (including failure to supply any requested source files) may mean that none of your Content or contribution will feature on the Website and that you will not qualify for any applicable competitions or prizes.
    3. We reserve the right to request you to produce (within the requested time) appropriate photo identification or other documentation (to our satisfaction, at our sole discretion) in order to confirm your identity, age, eligibility to contribute to the Website and any information submitted by you in contributing to the Website, before or after accepting your Content or contribution for public posting. This includes confirming consent of your parent/legal guardian if you are under eighteen (18) years of age, or that you obtained the consent of any third party or the owner of third party property depicted or otherwise included in your Content or contribution (or if the third party or the owner of the third party property is under the age of eighteen (18), confirming consent of that person’s parent or legal guardian) and the name, age and address of the relevant person that gave their consent. If the documentation required by us is not received by us (or our nominated agent) within the time requested, your Content or contribution may not be accepted for public posting on this Website or, if the Content is already posted on the Website, it may be removed from the Website.
    4. We may in our sole and absolute discretion and at any time, edit, delete, re-format, reject, or remove any Content or other form of contribution which you post, seek to post on or seek to transmit via this Website. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post, store or transmit using this Website.
    5. We retain the right and absolute discretion to terminate your user account and/or access to this Website if we believe that you are abusing or tampering with the Website in any way, that you have breached this Acceptable Use Policy or the Rottnest Express Website Terms of Use, that you have engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of this Website or if you elect to unsubscribe from our administrative electronic communications. Our legal rights to recover damages or other compensation from such an offender are reserved.
    6. Content and other contributions that you have made to this Website may still appear on the Website even after your account has been terminated. We shall continue to have the right to use your Content and other contributions in accordance with the licence granted to us under this Acceptable Use Policy.
    7. You retain all right, title and interest in all Intellectual Property Rights in any Content or other contribution you make to this Website, unless your Content or contribution is selected by us to feature or as a winner in an advertised promotion, competition, or other use and in such cases ownership of your Content shall be governed by the applicable terms and conditions. It is a condition of uploading Content or contributing to this Website that you agree to grant to Rottnest Express (and its related entities, promotional partners, servants, agents, contractors and employees) a worldwide, perpetual, irrevocable, unconditional, non-exclusive, transferable and sublicensable licence (and agree to use your best endeavours to procure any relevant third parties to grant to Rottnest Express such licence) to use your Content or other contribution in any way and in any media for an unlimited period of time without remuneration or compensation for any reason including but not limited to streaming on this Website, sharing, public viewing, voting and commenting on this or in connection with this Website, and future promotional, marketing or publicity purposes relating to Rottnest Express (and its related entities, promotional partners, servants, agents, contractors and employees) and its products, including the Rottnest Express brand and any associated product lines. You must, upon request by us, execute all documents and perform all acts necessary to grant such a licence to Rottnest Express.
    8. You also grant to each user of this Website a non-exclusive licence to access your Content or contribution through the Website and to use your Content or contribution in any way that is permitted through the functionality of the Website and under this Acceptable Use Policy and the Rottnest Express Website Terms of Use.
    9. It is a purpose of this Website that Content or contribution submitted by you will be reviewed by us and if selected by us, the Content or contribution may form the basis of and may be used within the production of Rottnest Express marketing endeavours, promotions and competitions for public viewing on the Website and in other locations. We may also offer competitions or promotions from time to time asking you to submit Content or a contribution to the Website for the award of a prize. Specific Terms and Conditions as applicable to each competition will be as stated on the Website and will apply in addition to this Acceptable Use Policy. It is a condition of uploading Content or contributing to this Website that you, in the event that your Content or contribution is selected by us to form the basis of and used within the production of Rottnest Express marketing endeavours, promotions and competitions or where you are a winner in a competition or promotion, agree to absolutely and unconditionally assign (and agree to use your best endeavours to procure any relevant third parties to absolutely and unconditionally assign) to Rottnest Express all right, title and interest in all Intellectual Property Rights in the relevant Content or contribution. You acknowledge that the assignment is absolute, worldwide and for all uses and purposes including the re-assignment of your Content or contribution to any other person or entity, and the making of any modifications, enhancements, adaptations or versions of the Content or contribution, including the performance of any Content or contribution and any releases of the Content or contribution in any medium or environment. You must, upon request by us, execute all documents and perform all acts necessary to vest all Intellectual Property Rights in your Content or contribution to Rottnest Express.
    10. You consent for the benefit of us to all or any acts or omissions that would ordinarily constitute an infringement of your Moral Rights in relation to all Intellectual Property Rights in any Content that you may create or generate and upload to us for this Website. Moral Rights has the meaning given to it in the Copyright Act 1968 (Commonwealth), and includes: a right of attribution of authorship; a right not to have authorship falsely attributed; and a right of integrity of authorship.
    11. As a condition of uploading Content or contributing to this Website, you consent to us, in the event that your Content or contribution is selected by us to form the basis of and used within the production of Rottnest Express marketing endeavours, promotions and competitions or where you are a winner in a competition or promotion, using your name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of this Website, and for promoting, publicising or marketing Rottnest Express and its products or services, this Website and our content featured on this Website.
    12. If your Content or contribution has been selected by us to form the basis of and be used within the production of Rottnest Express marketing endeavours, promotions and competitions, or where you are a winner in a competition or promotion, you may be required to sign a legal release(s) in a form determined by us in our absolute discretion prior to us featuring your Content or contribution in Rottnest Express marketing endeavours, promotions and competitions and/or awarding a prize to you in a competition.
    13. When you upload Content to this Website, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on this Website.
    14. Any Content or contribution to us or Content or contributions to the Website by Website functionality/electronic mail or otherwise, (including any data, questions, comments, suggestions, or the like) will be treated as non-confidential and non-proprietary communications. As a result of the licence of your Content and contributions in Clause 26, anything you transmit or post may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast (including making available online), posting, copying, sublicensing, modifying, adapting, redistributing, performing, or otherwise dealing with such Content or contributions including, without limitation, any ideas, concepts, know-how, or techniques contained in any Content or communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
    15. All right, title and interest in all Intellectual Property Rights in all of our brands, logos, characters, content, trading names, products and services appearing on the Website or otherwise will remain or be vested in us at all times. Your uploading Content or contribution to this Website (including but not limited to the posting of any Content on the Website) will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of our brands, logos, characters, content, trading names, products or services. We, on a case by case basis and to the extent required, grant to each contributor to the Website a limited, non-exclusive licence for the use of our brands, logos, characters, content, trading names, products and services solely for the purpose, and to the extent necessary, to enable each contributor to post Content, participate in any promotion or competition, or otherwise contribute to this Website.
    16. We collect personal information about you to allow you to register a user account and contribute to this Website (including, but not limited, to the collection of your full name, date of birth, a current and valid email address, your country of residence and postcode). If the personal information we request from you is not provided, you may not be permitted to contribute to this Website. By contributing to this Website, you also acknowledge that a further primary purpose for collection of your personal information is to enable us to use the information to assist in improving our goods and services and to contact you in the future with information on Rottnest Express content, or Rottnest Express updates and special offers, or to provide you with marketing materials via any medium including mail, telephone and commercial electronic messages. We may share information with our Australian and overseas related companies and promotional partners who may contact you with special offers in this way. By contributing to this Website, you agree that we may use your personal information in this manner. You can gain access to, update or correct any personal information by contacting the persons identified in our Privacy Policy. We also refer you to our Privacy Policy for more information about our handling of personal information.
    17. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any contributor to the Website posting illegal or inappropriate materials.
    18. The Website contains social media links, applications or features (including but not limited to Facebook, Skype and Windows Live Messenger) and the use of any social media platforms are subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features on the Website, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to this Website accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted this Website via the social media platform. You acknowledge that your Content or contribution to this Website may also be featured on a social media platform of the Website for public viewing and sharing. Users are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Website. The Website is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

    Unsubscribe and Account Termination

    1. If you wish to unsubscribe from the Website, please notify us via email at info@lovemyrotto.com. Please allow three (3) to five (5) business days for removal of your account to be implemented.
    2. Content and other contributions that you have made to this Website may still appear on the Website even after you have unsubscribed from the Website. We shall continue to have the right to use your Content and other contributions in accordance with the licence granted to us under this Acceptable Use Policy.

    Indemnities

    1. You must indemnify (and must defend and hold harmless) us and our employees, servants, agents and contractors, from and against all Losses arising from: a breach by you of any of this Acceptable Use Policy; any third party claim arising directly or indirectly from a breach by you of this Acceptable Use Policy; a negligent, wilful or otherwise wrongful act or omission by you (in relation to your use of and contribution to this Website); fraudulent or dishonest acts or omissions by you; any breach by you of any applicable Laws or requirements of Regulators; any claim by any third party (including individuals, legal entities and governmental departments or agencies) arising directly or indirectly as a result of your Content or contribution to the Website; the death of, or personal injury to, any person or any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of you; and any claim or allegation that your uploading of Content or contribution to the Website infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another party’s trade secret or confidential information.
    2. Notwithstanding the above, we and/or our related entities retain the right to assume the conduct of any defence to a claim brought against us/them (as applicable), and of any proceeding or appeal issued by us/them (as applicable), and you agree to, at your cost, provide all reasonable cooperation (including by making available relevant documents) that we or our related entities (as applicable) may require from you in relation to any such claim, proceeding or appeal.
    3. Any attempt to deliberately damage this Website or the information on the Website, to cause malicious damage or interference with the normal functioning of the Website, or to otherwise undermine the legitimate operation of this Website may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, we reserve the right to seek damages to the fullest extent permitted by law. If we suffer Loss or incur any costs in connection with any breach of this Acceptable Use Policy or any other legal obligation by you, you agree to indemnify us for those Losses, damages and costs.

    Notification Policy

    1. A Regulator or any member of the public may wish to submit a notice, request, direction, complaint, or instruction to us in respect of any Content or any contribution on this Website or via any related social media platforms (Notification). Except for Regulators, Notifications must be submitted to us in accordance with the process advised by us below (see Contact Us) or elsewhere on the Website. If we receive a notification in respect of any Content or contribution, we will consider the issues raised in the notification and determine, in our sole discretion, whether the relevant contribution should be removed.
    2. If we receive a Notification in respect of any Content or contribution, we may notify the user who submitted the particular contribution in writing as soon as possible, generally within five (5) business days of receiving such Notification (Notification Letter). The Notification Letter may (a) notify the user that their Content or contribution is no longer accepted; or (b) request the user to respond to us within two (2) business days of receiving such a Notification Letter and where a Notification Letter, requires a response or action from the user, the user must respond and fully comply with the relevant Notification Letter within the timeframe(s) set out in the Notification Letter to ensure compliance with any relevant Laws and/or the requirements of a Regulator. A user must do all things necessary to assist us with such an investigation, including providing us with any material, documents or information required within the timeframes advised by us. You acknowledge and agree that: where a Notification requires a response or action from us, we may, without any liability, take any steps necessary in order to respond or comply with such Notification (to the extent we are legally authorised and obliged to do so) to ensure compliance with any relevant Laws and/or the requirements of a Regulator and may take these steps at any time and without further notice to you.

    Contact Us

    1. If you wish to submit a Notification to us, please email us at info@lovemyrotto.com with a link to the relevant Content or posting and your reasons for objecting to it. We will consider your objection and determine whether the Content or posting should be removed in accordance with Clause 20. You will not necessarily be contacted as to our decision. Any other queries in relation to this Website can also be directed to info@lovemyrotto.com.

    Dictionary and interpretation

    1. In this Acceptable Use Policy “Content” means literary works (including compilations of information, text, data, scripts, interactive features, applications, files, software and computer programs); artistic works (including drawings, paintings, computer generated graphics, tags, designs and photographs); sound recordings; cinematograph films (including videos, video games and audiovisual combinations); or any other material of a nature or type that can be viewed on, accessed through, shared on or uploaded via the Internet to this Website. “Intellectual Property Rights” means all existing or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise. “Laws” means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory or mandatory codes of conduct, voluntary industry codes of practice, writs, orders, injunctions, judgments, and Australian generally accepted accounting principles. “Loss/Losses” means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind. “Regulators” means any regulatory agency or any private entity that functions in a quasi-regulatory manner, having any applicable jurisdiction and includes the Advertising Standards Bureau, the Australian Association of National Advertisers, the Australian Communications and Media Authority, the Australian Broadcasting Authority, the Australian Competition and Consumer Commission, the Commonwealth Department of Communications, Information Technology and the Arts, the Office of the Australian Information Commissioner, the Australian Classification Board, the Telecommunications Industry Ombudsman and any authority, agency or entity that is substituted for, or takes over the functions of, any of those organisations.

    Governing Law

    1. This Acceptable Use Policy is governed and shall be construed and applied in accordance with the laws of Western Australia, Australia, and you irrevocably consent and submit to the exclusive jurisdiction of the courts of Western Australia or the Federal Court sitting in Western Australia to determine any matter or dispute which arises under this Acceptable Use Policy.
    2. This Website is controlled and offered by us from our facilities in Australia. We make no representation that the Website is appropriate or available for use in other locations. Those who access or use our Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
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