Various terms of use and conditions for Newcomers Network web site, Membership Program, Events and other goods and services and policy on passing on information to others and privacy.

By accessing this web site and/or using any Newcomers Network services or products, you agree to accept, in full and without qualification, this privacy policy and our terms of use policy.

Membership

By applying for Membership, registering for a Newcomers Network event or ordering any Newcomers Network products through this web site, you acknowledge that you have read and understood these Terms and Conditions and that you agree to them. In these Terms and Conditions:

"you/your" means the person applying for Membership, requesting registration at a Newcomers Network Event or purchase of a Newcomers Network product or service "we/our/us" means Newcomers Network, its related bodies corporate, their directors, employees, agents, contractors, consultants or shareholders.

Ordering products and services

Your online application, order or registration is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified in this web site at the time you make your offer.

Newcomers Network reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product or service description posted on this web site, or an error in your order.

There may be reasons why Newcomers Network cannot fulfil your offer. Therefore, your contract with Newcomers Network only comes into existence when Newcomers Network advises you that it has accepted your offer and receipt of your payment has been confirmed.

Prices of membership, products and services and delivery and other charges displayed on this web site are current at the time of issue, but may change at any time and are subject to availability. The availability of products and services may change from time to time.

Until you have made payment in full for products you have ordered, title in such goods will not transfer to you, but all risk in the products will pass to you on dispatch from Newcomers Network or its agents' distribution centre. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this web site.

Delivery

Newcomers Network will deliver products and services within the times indicated on this web site. Newcomers Network will not be liable for any failure to observe these delivery times. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products or services from this Web site once that commitment has been made for any reason, including without limitation, due to any delay in delivery.

Returns and refunds

Newcomers Network will not refund Membership fees. Newcomers Network will not refund registration fees for Events unless the appropriate designated notice has been given. The fees paid can be transferred to another person so that they can attend the event in your place.

You may return any Newcomers Network products that are faulty, damaged in transit or that are not as ordered within one week of receipt by you. Unless faulty or damaged in transit, the products must be returned in resaleable condition. All clothing must be returned unworn and unwashed. Where a refund is requested, we will credit your original method of payment with the price of the returned products, excluding delivery (unless the products were faulty, damaged in transit or not as ordered). For instructions on how to return any products, please email us at info@newcomersnetwork.com or telephone us on 03 9852 3739.

Limitation of liability

To the fullest extent permitted by law in Victoria, Australia, the liability of Newcomers Network for breach of any implied warranty or condition which cannot be excluded shall be limited, at the option of Newcomers Network, to any one or more of the following:

if the breach relates to goods: the replacement of the goods or supply of equivalent goods the repair of such goods payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired

if the breach relates to services: the supplying of the services again, or payment of the cost of having the services supplied again.

Terms and conditions of membership of Newcomers Network

Period

Business Membership is available for either a fee per click through or for a pro rata period between 1 July of one year and 30 June of the following year. Newcomers Network notifies you that it has accepted your application for Business Membership. Newcomers Network may refuse any application for Business Membership without giving reasons.

Benefits

Business Membership of Newcomers Network entitles you to certain benefits, privileges or offers. The nature and extent of these benefits are detailed on the Newcomers Network website.

Newcomers Network may alter the benefits, privileges or offers associated with Membership at any time without prior notice to you.

Use of member information

Information provided by Business Members to Newcomers Network will be only used in accordance with the Newcomers Network Privacy Policy. Your personal details will be kept confidential unless you authorise us to include your contact details on an Event guest list. Your credit card details will only be used for the event or membership payment you have requested. You can ask at any time to have your personal details removed from our records.

Transferability

Your Business Membership may not be transferred to any other Business (unless the Business has had a name change). You may change your information on an existing membership account only to update your membership account.

Termination

You may terminate your Business Membership by sending a written notice or an email to Newcomers Network info@newcomersnetwork.com. Termination of your Membership only becomes effective upon actual receipt by Newcomers Network of your notification of termination.

Newcomers Network may terminate your Membership at any time without notice for any reason including, without limitation, that you have not complied with the terms and conditions of Membership or use of the Newcomers Network website. Upon termination by Newcomers Network, your Membership will terminate immediately.

Newcomers Network may at any time without prior notice suspend or terminate the Newcomers Network Membership program, in which case all memberships will be suspended or terminated as the case may be.

Changes to membership terms and conditions

Newcomers Network may alter the terms and conditions of Membership at any time without prior notice. Newcomers Network will attempt to notify Members of any variations but is not liable to do so, however the current terms and conditions will be posted on this web site. The membership terms and conditions were last updated on 26 October 2004.

Limitation of liability

To the fullest extent permitted by law in Victoria, Australia, all representations, conditions and warranties are excluded. Liability of Newcomers Network for a breach of a warranty or condition implied by law or otherwise into this Membership Agreement which cannot be excluded is limited, where permitted, to supplying or paying the costs of supplying the goods or services again or repairing or paying the cost of repairing the goods, at Newcomers Network's option.

Terms and Conditions

The following Terms and Conditions govern your use of this web site. If you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact Newcomers Network prior to using this web site. By accessing this site you also agree to the terms of use below.

Acknowledgment and acceptance of terms of use

The Newcomers Network web site is owned and operated by Newcomers Network (ABN 12 359 363 075). It is a condition of your access to the web site that you accept and comply with all the terms, conditions, notices, disclaimers, Privacy and Security Statements (collectively referred to as the "Terms of Use") set out on the web site.

By accessing or using this web site or using it to provide information to Newcomers Network you acknowledge that you have read and understood the Terms of Use and that you agree to them.

As Newcomers Network reserves the right to amend the Terms of Use at any time, with immediate effect, you should periodically refer to them. You will not be notified if changes are made, they will be published via our web site only. The Terms of Use were last updated on 19 January 2003.

Copyright, intellectual property and trademarks

This statement includes but is not limited to feedback, software, concepts, diagrams, referrals, and writings.

The copyright in any information provided to Newcomers Network will be deemed as being transferred to Newcomers Network upon receipt of such information, unless otherwise prohibited by law.

All information, material, text, graphics (collectively referred to as Contents) on this web site are copyright Newcomers Network unless indicated otherwise. The Contents are protected under the Australian copyright and trademark laws and through international copyright treaties.

You may download a single copy of the information on this web site. Where necessary for its use as a reference, you may keep a temporary copy in your computer's cache and make a single hard copy of that information for your own information, research or study.

You may not reproduce, duplicate, copy, sell, re-sell, adapt, perform in public, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping by a storage and/or information retrieval system) or otherwise exploit any part of the Contents for any commercial purpose without the specific prior written consent of Newcomers Network.

You must not use the web site and/or its Contents which in any manner violates any right of Newcomers Network or an affiliated third party or which is prohibited by the Terms of Use.

Comments and information provided by visitors

You agree to provide current, complete, and accurate information about yourself and maintain and update the information to keep it current, complete and accurate.

When you provide any information including personal information, you warrant that all of the information provided is true and correct and agree to indemnify Newcomers Network for all losses of any kind that Newcomers Network might suffer if this information is not correct.

You agree that Newcomers Network may disclose certain statistical aspects of the information you provide to third parties without seeking your prior express consent (provided Newcomers Network does not disclose your personal information and that the information does not identify you in some way). However, we may ask you to approve that information about you or an organisation that you are associated with can be published (for instance, in our enewsletter). Once we have your approval, you then grant Newcomers Network a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use your reviews, comments and other communications throughout the world in any way and in any media.

Newcomers Network invites visitors to provide feedback. By doing so, you grant to Newcomers Network a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use your reviews, comments and other communications throughout the world in any way and in any media. You expressly waive in favour of Newcomers Network and any other person authorised by Newcomers Network all moral and similar rights in any jurisdiction which you have or acquire in respect of such comments and/ or other communications.

What visitors must not do

This web site may only be used for personal use. Any commercial use of this web site without the prior written consent of Newcomers Network or any of its related bodies corporate is prohibited.

You agree not to use the Newcomers Network website for chain letters, junk mail, 'spamming', solicitations or mass communications of any kind You agree not to post any comments that contain any unlawful, threatening, defamatory, obscene, vulgar, pornographic or profane information or material or which violates or infringes upon the rights of any person. If you do, you agree to indemnify Newcomers Network for any losses, costs, expenses or damages that Newcomers Network may suffer as a result.

You must not transmit or attempt to transmit any material of any kind to this web site which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this web site. Nothing on this web site or on any third party site, shall be construed as conferring any licence or other transfer of rights to you of any intellectual property including copyright and trade marks or other proprietary rights of Newcomers Network, its affiliates or any third party, whether by estoppel, implication or otherwise.

Virus warning

Newcomers Network does not represent that any information (including any file) obtained from or through this web site is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Newcomers Network will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Newcomers Network, that liability shall be limited to the cost of re-supplying that information.

Third party web site links and advertising

This web site contains hyperlinks to web sites maintained and operated independently by third parties. These web sites are maintained and operated without any control of Newcomers Network. Newcomers Network is not responsible for the accuracy, ownership or any other aspect of the information contained on those web sites or any hyperlink contained in a linked web site. You visit any such web site at your own risk.

Where this web site contains third party advertisements (including banner ads and referral buttons) which contain embedded hyperlinks to web sites maintained and operated by third parties, the third party advertiser is solely responsible to you for any representations or offers made by it and for the delivery of any goods or services you agree to purchase from any third party web site.

The third party advertising and the links to third party web sites including the embedded hyperlinks in advertisements may be paid for by the relevant third party advertisers. This does not imply that Newcomers Network or its directors or employees endorse any of the materials, products or services available on those web sites or any others that are listed on the Newcomers Network web site.

Promotions

From time to time Newcomers Network will communicate via email, items that may be of interest to you, if you have requested upon registration or subsequently to receive such emails. These items will include products and services of Newcomers Network and of companies which are associated with Newcomers Network (due to sponsorship or advertising arrangements.)

You may enter into correspondence with or participate in such promotions of companies other than Newcomers Network. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions will be solely between you and the sponsor or advertiser at your own risk. Newcomers Network assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

Other than the prices of Newcomers Network goods and services, any prices listed on this web site are either suggested or recommended retail price supplied by the manufacturer / publisher / dealer / seller / service provider and are accurate only as at the time they were notified to Newcomers Network. Newcomers Network is not liable for the correctness of prices or price changes for products or services other than Newcomers Network products or services, including where price changes have not been reflected on the Newcomers Network web site. All prices are quoted in Australian Dollars and are inclusive of GST.

Content of web site

Newcomers Network does not warrant that the functions contained in the web site will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes such contents available are free of viruses or other harmful components.

The information contained on this web site is provided by Newcomers Network in good faith. All contents (including third party information, products and content) included in or accessible from this web site are provided on an "as is" basis and are subject to change at any time without notice to you.

Newcomers Network does not warrant or make any representations regarding the use or the results of the use of the contents on this site in terms of their correctness, accuracy, reliability, or otherwise.

To the fullest extent permitted by law, Newcomers Network excludes any representations, warranties or conditions, express or implied, statutory or otherwise, including but not limited to the warranties of condition, quality, merchantability and fitness for a particular purpose, and non-infringement of proprietary rights as to all contents (including third party information, products and content) included in or accessible from this web site.

Newcomers Network its related bodies corporate, their directors, employees, contractors, consultants, shareholders are not engaged in rendering any legal, medical, counselling or other professional advice or services. None of Newcomers Network, its related bodies corporate, their directors, employees, contractors, consultants or shareholders shall be responsible or liable (including negligence) for any loss or damage caused or alleged to be caused, directly or indirectly, as a result of reliance by any person on any of the information or ideas contained in, or referred to in this web site. You are encouraged to obtain independent professional advice for any problem, situation or occurrence particular to you or in relation to which you wish to rely.

You expressly acknowledge and agree that Newcomers Network has no control over the suppliers of goods and services purchased from the linked web sites and Newcomers Network is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.

The contents of this web site satisfy the laws of Australia and may not satisfy the laws of other countries. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this web site, it is not directed at you and should not be relied upon by you.

Limitation of liability

None of Newcomers Network, its related bodies corporate, their directors, employees, contractors, consultants or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from:

1. your use or your inability to use this web site
2. your reliance on any information or advice contained on this web site or for the cost of procurement of substitute products or services resulting from any products or services purchased or obtained or messages received or transactions entered into through this web site
3. unauthorised access to or alteration of your transmissions or data or of any information contained on your computer system or on this web site including but not limited to damages for loss of profits, use, data or other intangibles, even if Newcomers Network has been advised of the possibility of such damages
4. Newcomers Network will take no responsibility whatsoever for client information compromised via viruses, trojans, 'hacking' password snooping, or other methods beyond our reasonable control
5. Newcomers Network will take no responsibility whatsoever for information received that is unsolicited or provided in excess of Newcomers Network requests

To the fullest extent permitted by law, the liability of Newcomers Network for breach of any implied warranty or condition which cannot be excluded shall be limited, at the option of Newcomers Network, to any one or more of the following:

• if the breach relates to goods: the replacement of the goods or supply of equivalent goods the repair of such goods payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired
• if the breach relates to services: the supplying of the services again, or payment of the cost of having the services supplied again.

Release and indemnity

You waive any claims that you now have or may have in the future against Newcomers Network, its related bodies corporate, directors, employee, agents and representatives which relate in any way to any transaction with Newcomers Network.

You agree to indemnify Newcomers Network and its related bodies corporate, directors, employees, agents and representatives against any and all loss of any kind (including legal fees) that may be incurred by them arising out of or in connection with the performance of the duties described in the Terms of Use.

Applicable law

The Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Victoria, within the country of Australia. You and Newcomers Network agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and any courts of appeal.

General

If any one or more provisions of the Terms of Use are held by a court to be contrary to law, then those provisions will be excluded, and the other provisions will remain in full force and effect.

If Newcomers Network fails to exercise or enforce any rights or provisions of the Terms of Use, this will not constitute a waiver of that right or provision unless Newcomers Network agrees in writing that it does so.

Passing on information

Newcomers Network is prepared to forward appropriate emails to selected contacts if they comply with the following criteria - 'will it benefit most newcomers? and/or 'will it assist the people or organisations working with Newcomers Network?''. We may advise the requesting company of the names of the organisations that the email has been forwarded to but we will not pass on any other information without the express consent of the organisation concerned. This will also be stated in the email sent to each organisation. A consultancy fee may be requested.

Requests to have information included in the Newcomers Network enewsletter will be treated on a case by case basis and may involve an advertising fee to be published. Once again, the two criteria outlined in the previous paragraph apply. Newcomers Network is under no obligation to reveal the details of the organisations that have received the enewsletter, even if a fee has been paid.

Newcomers Network will not endorse any external organisation's product or service offering but will make a reasonable effort to ensure the quality of an organisation's offering before forwarding information on to selected contacts or publishing the information in the enewsletter or the web site. Newcomers Network reserves the right to refuse to forward information on or publish it in the enewsletter or on the website and is not required to give a reason for refusal.

Newcomers Network always welcomes reasonable requests to pass on information to people or organisations on the Newcomers Network database but will not disclose particular details without the expressed permission of the person or organisation concerned.

Newcomers Network may ask you to consider passing on information about Newcomers Network to people that you know. There is no obligation to do so and Newcomers Network is not liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from this exercise. Unless confirmed in writing, a fee must not be charged.

Privacy Policy

Any changes to our policy will be posted on this page so that you are always aware of the details of our Privacy Policy. We are committed to protecting your privacy and never request information that is not required for carrying out our duties to you. We use the information we collect on the site to tailor our services to your needs.

Newcomers Network will take all reasonable care to:

1. Not sell, gift, trade, rent or intentionally provide personal information to any third party except where required by law or agreed by the client as part of a commercial transaction
2. Not intentionally disclose email or mail addresses to any third party except where required by law or agreed by the client as part of a transaction; where these addresses have been submitted by visitors to the www.newcomersnetwork.com web page or through other Newcomers Network promotional activities.
3. Not intentionally discuss the details of any client project with another client except in general terms.
4. Protect mission-critical client data solicited by Newcomers Network for projects, against disclosure to any third party except where required by law.
5. Ensure that personal information collected by people registering to attend our events that is processed by an event organiser, Newcomers Network related bodies corporate, directors, employee, agents or representatives is kept confidential and is not passed on to third parties

Promotional materials

If you receive or have received promotional materials from Newcomers Network and no longer wish to do so or if you believe somebody has registered/is registering you for our services in an unsolicited fashion, please contact us with your concerns immediately. Email info@newcomersnetwork.com or write to us at 1 Bryson Grove, Lower Templestowe, Victoria, Australia, 3107 or fax 03 9852 3739.
We may automatically subscribe you to the Newcomers Network free monthly enewsletter if:

1) You have asked us a question via email
2) You have posted comments on online forums/discussion boards relevant to being a newcomer
3) We have found your email address whilst conducting internet searches or reading publications with email addresses in them

In most cases we usually send a preliminary email to advise that you have been subscribed. There is no obligation to continue receiving this correspondence and you can unsubscribe at any time and we will not be offended. Unsubscribes are confirmed within 48 hours. We apologise if any inconvenience is caused by this process. It is designed to encourage more people to learn about our resources and make the most of their new life in their new location. Centres of influence who can pass on our details to other newcomers are often targeted with this process as it can be difficult to find newcomers individually. If you have any concerns about this process or would like to provide feedback on this technique, please contact us.

Newcomers Network and its related bodies corporate, directors, employee, agents and representatives will conduct general research of publicly available information to find organisations and individuals that may be interested in receiving information about the Newcomers Network enterprise or events. However, if you or your organisation would prefer not to receive any further correspondence, we ask that you contact us immediately and we will confirm that your details have been removed from our records as soon as possible.

Newcomers Network aims to provide information to individuals and organisations on our mailing list on a regular basis and in most cases, no more than twice per month (unless you are a member of the Special Friends Mailing List).

Do you have some suggestions?

Newcomers Network welcomes your questions and comments. Please email us at info@newcomersnetwork.com or write to us at 1 Bryson Grove, Lower Templestowe, Victoria, Australia, 3107 or fax 03 9852 3739.

Thank you for taking the time to read our policies.