Terms & Conditions

ACCEPTANCE OF TERMS AND CONDITIONS

1. Website Terms & Conditions

   By accessing, browsing, or using this Website you (“your”, “you”, “user”) agree to be bound by these Terms and Conditions, the Website privacy policy www.remotecontroltourist.com/privacy and all other policies and/or agreements made available on the Website. If you do not accept these Terms and Conditions or agree to comply with the privacy policy and all other policies and/or agreements made available on, you must not continue to use the Website.

2. Terms & Conditions apply to all devices

   These Terms and Conditions, the privacy policy and all other policies apply whenever you access the Website, regardless of how you access the Website, including but not limited to access by way of the internet, tablets, smart phones, mobile phones and RSS feeds.

3. Terms & Conditions may be amended

   We may revise these Terms and Conditions from time to time by updating this document. The revised Terms and Conditions will take effect when they are posted.

ACCESS TO THE WEBSITE

1. Eligibility

   (a) By interacting with the Website, you confirm you are at least 18 years of age.

   (b) To access certain features of the Website, you will be required to hold an existing and valid Twitter and/or Facebook account (“Social Media Account”).

   (c) If you do not hold or create a Twitter or Facebook account, you may still browse all areas of the Website but you will not be able to interact with the Website by submitting location or action requests (“Requests”) to the Remote Control Tourist (the “RCT”) or post messages or other content to the Website.

2. Conditions of Access

   (a) By logging into the Website using a Social Media Account, you confirm that:

   (i) your Social Media Account is personal to you and is not used by anyone else unless you have authorised them to do so;

   (ii) you comply with these Terms and Conditions and the terms and conditions of use prescribed by Facebook and Twitter;

   (iii) you permit us to view and access certain information from your Social Media Account. You may control the amount of information that is accessible to us by adjusting your Social Media Account ‘s privacy settings. By using the Website, you are authorizing us to collect, store, and retain any and all information that you permit Facebook or Twitter to provide to us;

   (iv) you permit us to interact with you via your Social Media Account, and to send you information about the Remote Control Tourist or Tourism Victoria, or otherwise used in accordance with our Privacy Policy;

   (v) you will not maliciously create additional Social Media Accounts for the purpose of abusing the functionality of the Website or other users, nor do you seek to pass yourself off as another user;

   (vi) if required, you will comply with reasonable requests for further information or verification of your identity; and

   (vii) you consent to our collecting and storing your IP address for security purposes.

3. We reserve the right to block your access to the Website at our sole discretion and without notice for any reason including:(a) breach of any applicable law or breach of any of the Terms and Conditions; or

   (b) where we conclude that your conduct violates our rights or those of another party.

USE OF THE WEBSITE

1. Submitting Requests

   (a) If you have logged in via a Social Media Account, you are invited to submit Requests to the RCT via the relevant function displayed on the Website (“Request Function”). If you elect to submit a Request, you must only do so by using the Request Function provided by us on the Website. You agree and acknowledge that you submit any request at your own risk and you will be responsible for the consequence of your request being followed.

   (b) You agree and acknowledge that the Company may not review or receive all Requests submitted via the Website and the Company does not guarantee that it will acknowledge your Request or that the RCT will visit the location or undertake the action. Any re-posting of a repeated request by you will not be considered.

2. User Content

   (a) As part of the Website, we also provide other interactive communication services such as various message boards, chat rooms, weblogs, upload facilities, profile pages and other message and communication facilities that provide you with the ability to submit, display and exchange information, messages and other content with us and with other users of the Website.

   (b) Any comment, opinion, view or other material contributed by you (including Requests), or contributed by another user of the Website, is “User Content” and may also include text, scripts, graphics, messages, photos, pictures, sounds, music, videos, audiovisual combinations, interactive features and other materials and media you may view on, access through, or contribute to the Website.

   (c) You will not post, communicate, transmit or download any User Content to the Website that:

   (i) is unoriginal, or in which you do not own the copyright, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, registered trademark or intellectual property rights of another person or infringes any law;

   (ii) is, or could reasonably be expected to be, obscene, offensive, threatening, abusive, libellous, contemptuous, pornographic, vulgar, profane, indecent or unlawful;

   (iii) is, or could reasonably be expected to be, defamatory of any person;

   (iv) racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

   (v) includes any personal or sensitive information about another person;

   (vi) you know or suspect, or ought reasonably to have known or suspected, to be false, misleading or deceptive;

   (vii) contains a survey, contest, pyramid scheme or improper question;

   (viii) is considered a commercial, unsolicited or bulk electronic message which would constitute an infringement of the Spam Act 2003 (Cth);

   (ix) you know, or reasonably ought to know, cannot be legally posted, communicated, transmitted or downloaded in that manner;

   (x) restricts or inhibits any other user from using or enjoying the Website;

   (xi) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

   (xii) contains viruses, worms, “Trojan horses” or any other harmful, contaminating or destructive features; or

   (xiii) affects the functionality or operation of the Website or its servers or the functionality or operation of any users' computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).

   (d) By submitting User Content to the Website, you hereby grant to the Company, its assigns and authorised agents, a non-exclusive, royalty-free, perpetual, worldwide licence to reproduce, publish, host, store, copy modify, adapt, edit, translate, sub-license and otherwise deal with the User Content you submit to us by any means and through any media whatsoever.

   (e) You represent and warrant that you are the creator of all User Content that you submit to the Website and such User Content is true, accurate and not confidential to or is not a trade secret or owned by any other person.

   (f) You represent and warrant that you have (and will continue to have during your use of the Website) all necessary licenses, rights, consents, and permissions which are required to enable us to use the User Content uploaded by you.

   (g) To the fullest extent of the law, you waive any moral rights in the User Content that you post or attempt to post to the Website for the purposes of its submission to and publication on the Website.

   (h) You acknowledge that all communications are public and not private communications and you are solely responsible for any User Content posted by you.

3. Website Use and Conduct

   (a) You must not and you must not permit another person to, without our prior written permission, exploit the Website or content created by the Company and posted on the Website including streaming video content viewed in simulcast by the user on the Website (the “Live Stream”) (together the such content and the Live Stream shall be collectively “Website Content”) for any other purpose or by any other means including, without limitation:

   (i) store, publish, distribute, communicate to the public, adapt, reverse engineer or decompile any of the Website Content;

   (ii) create HTTP links from the Website to any other website on the internet, or frame or mirror the Website;

   (iii) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of the Website Content;

   (iv) delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;

   (v) tamper with, hinder the operation of, or make unauthorised modifications to the Website or Website Content;

   (vi) transmit any virus, worm, Trojan horse or other disabling feature to or via the Website; or

   (vii) interfere with the computer systems which support the Website, overload a service, engage in a denial-of-service attack, or attempt to disable a host.

   (b) You agree that you will not and you will not permit another person to:

   (i) use the Website, or any facilities available on the Website, to defame, stalk, harass, threaten, menace or offend any person;

   (ii) use another person’s Social Media Account to access any content on the Website;

   (iii) access or attempt to access information resources you are not authorized to use;

   (iv) collect or store personal data about other users of the Website; or

   (v) impersonate or falsely represent your association with any person or organisation.

4. Monitoring and Removal of User and User Content

   (a) We reserve the right and discretion, but not the obligation, to monitor, edit, delete, reject or remove any User Content which you post or seek to post on the Website that we consider infringes these Terms and Conditions.

   (b) If, in its absolute discretion we determine that you have breached this Clause 3 your access to all or part of the Website may be suspended or terminated with or without notice to you and you may be refused any future use of or access to the Website. Furthermore, any breach which involves illegal activity may be referred to the appropriate law enforcement agency.

5. Sharing Website Content

   We may invite you, by providing a share button on a relevant page, section or part of the Website, to share selected content from the Website through one or more avenues including, but not limited to, email and social media (including but not limited to Facebook and Twitter). If you elect to share Website content through one or more of those avenues, you must do so by making use of the share button provided by us. You agree and acknowledge that you share any content at your own risk.

6. Linking to the Website

   You may only link to the Website, other than by making use of the sharing features on the Website, with the prior written consent of the Company. Any links, if allowed, must link directly to the Website home page unless otherwise agreed in writing by the Company. To request permission to link to this site, please email: melbourne@clemenger.com.au.

DISCLAIMER

1. Website Content

   (a) The Website contains content developed by us or third parties.

   (b) The Company, its affiliates or any of their respective directors, officers, employees or agents makes no representation or warranty as to the accuracy, legality, suitability or reliability of the information contained as part of the Website Content and none of them accept any responsibility arising in any way (including negligently) for errors in, or omissions from, the information contained as part of the Website Content or your reliance on such information.

   (c) You acknowledge that opinions expressed on the Website by users or any party filmed as part of the Live Stream are those of the relevant parties and may not necessarily represent those views of the Company or its employees or representatives.

   (d) You acknowledge that by accessing and viewing the footage on the Live Stream, you may be exposed to content that is inaccurate, offensive, indecent or objectionable and you view the Live Stream at your own risk. While the Company may at its sole discretion take reasonable efforts to monitor the footage, the Company does not assume responsibility for any content filmed as part of the Live Stream or the actions of the RCT or parties that engage with the RCT on the Live Stream.

2. No reliance

   You agree and acknowledge that the Company is not responsible for any interpretation, opinion or conclusion you form from the information provided on the Website. Any reliance upon any content, opinion, representation or statement contained as part of the Website Content is at your sole risk.

3. Operation of Website and Live Stream

   You acknowledge that the Website may be temporarily unavailable for maintenance or support purposes. The Company makes no representations or warranties that the use of the Website or streaming of the Live Stream will be uninterrupted, virus-free or error-free. We will not be responsible to you or anyone else if any interruptions, delays, errors or faults occur.

INTELLECTUAL PROPERTY

1. Ownership of Rights

   Unless otherwise stated on the Website or on in these Terms and Conditions, the Company retains all right, title and interest including intellectual property rights, in and to the Website and all related Website Content developed for the Website. Nothing you do on, or in relation to the Website, or any of the related Website Content will transfer any intellectual property rights to you, or license to you any intellectual property rights in and to the Website, unless expressly stated.

2. Trade marks

   Except where otherwise stated, all registered trade marks used on this site are used with the permission of the relevant trade mark owner. You must not use any trade marks without the prior, specific, written permission of its owner.

3. Copyright

   (a) All material on the Website is protected by copyright under the laws of Australia and, through international treaties, in other countries.

   (b) Unless otherwise indicated, all rights (including copyright and moral rights) in the content, layout and compilation of the Website and the Live Stream and on-line images including text, graphics, logos, button icons, video, audio clips and software (including all object source and machine readable code), including navigational software are owned or controlled for these purposes, and are reserved, by us and our licensors.

   (c) No part of the copyright material may be reproduced, re-used, re-transmitted, adapted, published, broadcast or distributed for any purposes whatsoever without our prior written permission.

4. Your use of the Website Content

   Except as expressly provided in the Terms and Conditions, you must not, without our prior written permission and the permission of any other owner of rights in content on the Website, copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), upload to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, the Website Content or the Live Stream for any other purpose. You must not copy or reproduce in any way the content or any aspect of this Website (including the layout, colours, designs, trade marks, logos, photographs, diagrams or any other copyright work or any other intellectual property used on the Web Site) without our prior written consent.

5. Infringement

   We respect the intellectual property rights of others. If you believe that content appearing on the Website violates your, or another party’s, intellectual property rights, please contact use at melbourne@clemenger.com.au.

NO LIABILITY

1. Release

   You release us from any liability arising as a result of your reliance on any content contributed by another user on the Website or filmed on the Live Stream.

2. No Liability

   (a) In no event will the Company, its related bodies corporate and any of their respective directors, officers, employees or agents be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss, personal injury or damages or any loss or damages whatsoever, arising out of or in connection with:

   (i) the use or access or any ability to use or access the Website or its contents;

   (ii) the information on the Website being inaccurate, incomplete or misleading;

   (iii) failure to respond or action any Request made by you through the Website;

   (iv) any interaction or engagement between you and the RCT or any appearance by you that is filmed and streamed on the Live Stream; or

   (v) a failure or omission on the part of the Company to comply with its obligations under these Terms and Conditions.

   (b) The Company is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the Website or any third party website. You must take your own precautions to ensure that whatever you select for your use from the Website or any third party website free of viruses or any other thing that may interfere with or damage the operations of your computer systems.

THIRD PARTY LINKS

(a) This Website may contain links to third party websites including Facebook and Twitter. These third party websites are not under the control of the Company and we are not responsible or liable for the contents, accuracy, legality, suitability or reliability that third party website or any hyperlink contained in that third party website.

(b) When you access a third party website, you do so at your own risk and acknowledge that your use of the third party websites may be governed by separate terms and conditions and privacy policies.

(c) The Company accepts no liability for any loss incurred by you directly or indirectly as a result of your reliance on information on third party website and accepts no liability and disclaims all warranties, express or implied, regarding the use of goods or services provided through any third party website.

INDEMNITY

You agree to fully indemnify and hold the Company and its related body corporate harmless from any claim, cost, demand or damage (including legal costs on a full indemnity basis) incurred or which may be incurred arising from: (a) a breach by you or a person using your Social Media Account, of these Terms and Conditions;

(b) User Content submitted by you or a person Social Media Account which is incorrect, false, misleading, deceptive, a misrepresentation or otherwise in breach of law;

(c) your activities on or use of the Website , or resulting from or alleged to result from, your activities on or use of the Website;

(d) any dealings or complaints made against you by other parties.

GENERAL

1. Governing Law

   These Terms and Conditions will be governed and interpreted in accordance with the laws of Victoria, Australia. You and the Company agree to submit to the non-exclusive jurisdiction of the courts of Victoria.

2. Severability

   If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, that or those provisions will be: (a) interpreted in that jurisdiction, as nearly as possible, to reflect the intentions of the parties; and

   (b) if necessary to maintain the effectiveness of these Terms and Conditions, be severed for the purposes of that jurisdiction, with the remaining provisions remaining in full force and effect.

3. Waiver

   Our failure to exercise or enforce any one or more of our rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted by us in writing.

4. Termination

   We may terminate access to this Website at any time without notice to you or any other party including if we believe you have breached any of these Terms and Conditions. These Terms and Conditions will survive termination.