Introduction: Your Election Solutions operating under the ABN 17 771 912 578, conducts a Website business which incorporates several Websites and domain names ("associated entities") that link to www.candidate.com.au (the "Website"). A full list of the associated entities can be requested by contacting us via the contact details displayed in the About Us page of the Website. The Website incorporates message boards, forums, email addresses, web pages and sub-domains ("features"). These features enable the public to voice their opinion about local, state and federal government issues and related elections. These features also enable candidates contesting an election to promote their campaign on the Website. Some features such as sub-domains and email addresses ('products') are available for purchase in order for candidates contesting an election to promote their election campaign.

User Agreement

When utilising our Website, associated entities and features (the "Group") you (the "user") are doing so in accordance with the User Agreement herein. The user means any entity identified when registering to use the features of the Group by the same or affiliated persons, and/or any agency acting on its (or their) behalf, which shall also be bound by the terms of this User Agreement. This User Agreement is between the user and the Group. The User Agreement governs the use of the Group. Accordingly, please read the User Agreement carefully.

General

The user acknowledges and agrees that:

- Headings are for convenience only and shall not be used to interpret these Terms and Conditions.

- We encourage users to contribute information and material to the Group that will stimulate debate and on occasions we may also contribute information and material to the Group. We encourage users to respond to information and material submitted to the Group and we may also respond to submitted information and material. We expect respect and courtesy to be maintained by users at all times.

- Users of the Group that are under the age of eighteen (18) should be supervised by an adult.

- Repeated breaches of the Terms and Conditions may cause us to complain to the relevant authorities and/or initiate legal action.

- We do not review or vet or exercise any direct supervision or control over the material that users submit to the Group.

- We are not responsible for the content or conduct of any site linked to or from the Group.

- The Group may experience interruptions and access difficulties from time to time and that we will not be responsible for such interruptions or access difficulties.

- Any provision of the Terms and Conditions that are invalid, voidable or unenforceable will be deleted and the remainder will continue to have full force and effect.

- The user may not assign any rights or obligations under the Terms and Conditions. The Group may assign its rights or obligations under the Terms and Conditions at any time without notice to the user.

- A waiver by the Group of a provision of or right under the Terms and Conditions is only binding on the Group if it is in writing and executed by an authorised office of the Group. In addition the waiver will only be effective in the specific instance and for the specific purpose for which it was given.

- All rights not expressly granted in the Terms and Conditions are reserved.

Rights

The user acknowledges and agrees that we reserve the right to amend the Terms and Conditions at any time. The amendments will become effective either when we specify or immediately upon being posted. Specific notice of amendments may not be given as the user will be unable to utilise the Group unless the user has confirmed that they have read, understood and accepted the most recent version of the Terms and Conditions. The user should review the Terms and Conditions on a regular basis.

At our sole and absolute discretions we may:

- Archive, edit, remove or not publish contributions.
- Republish or use contributions for the purposes stated in our Privacy Policy. (Should you wish to contact us regarding our Privacy Policy details are displayed in the About Us page of the Website).
- Modify or discontinue any services we offer at any time without notice or liability to the user.
- Co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any information and materials which violate any applicable or relevant law or the Terms of Conditions.

At our sole and absolute discretion we may refuse or remove:

- Any information and materials (in whole or in part) that we, regard in any way objectionable or in violation of any applicable law or the Terms and Conditions without notice to the user.
- Contributions that has been widely canvassed.
- Information and material that we believe to be dominating the Group.
- Contains information that is defamatory or otherwise unlawful or that violates laws regarding harassment, discrimination or contempt, compromises the privacy of the user, the privacy of other users or of us.
- That contains inappropriate personal information.
- Seeks to endorse commercial products or activities or to solicit business.
- Deliberately provokes other users.
- Contains information that is intentionally false or misleading, an infringement of intellectual property rights or copyright.
- That is a posting on behalf of a suspended member. This may lead to you also having your membership refused or blocked.
- Links to websites that we consider inappropriate.

Responsibility & Insurance

Although the Group remains our property the user is responsible for the information and materials they submit to the Group. As the information and materials they submit to the Group is the user's responsibility and litigation may be instigated due to the content, it is advisable that the user seeks a legal opinion prior to utilising the Group.

We expect the user to:

- Ensure that the material entered is accurate, complete, up to date and suitable.
Comply with all relevant local, state and federal laws and regulations.
- Respect our and other users rights including but not limited to our intellectual property rights subsisting in material available on or through the Group.
- Refrain from acts that waste resources or jeopardise or interfere with the use of the Group.
- Be ethical in the use of the Group and comply with accepted community standards.

What the user is not permitted to do:

(a) use the Group for illegal purposes including without limitation by posting to the Group information encouraging conduct that would constitute a criminal offence;
(b) post to the Group any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether registerable, registered or unregistered) or other rights of any person in any jurisdiction in the world;
(c) post to the Group any website linked to the user, any defamatory, threatening, harrassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
(d) post to the Group or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
(e) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to the Group or do anything that compromises the security of the Group;
(f) use the Group to engage in misleading or deceptive on-line marketing practices;
(g) use the Group to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email, or
(h) resell, rent or lease the Group or use of, or access to, the Group.

Registration and login names

For safety and privacy purposes users should avoid using their real name when registering a login name. Use of another person's name is unacceptable and may result in litigation being initiated.

We may refuse registration of users whose suggested login names are considered inappropriate. Grounds for refusal may include:
- offensive content
- obscenity
- abuse
- defamatory content
- contempt
- incitement
- copyright infringement
- brand names or registered trademarks
- company or organisation names
- names of high-profile or public figures
- names promoting political, religious, social or economic issues

We will not accept any registration that we suspect is being made by or on behalf of a member who has been suspended for repeated violation of these Terms and Conditions. At our sole and absolute discretion we may suspend or delete member registrations.

Prohibited Uses
We strictly prohibit using the Group to generate fraudulent impressions. Violation of these policies may result in immediate termination of this User Agreement, and may subject you to state and federal penalties and other legal consequences.

Copyright & Intellectual Property

The user shall not acquire any rights, title or interest in or to any of our intellectual property rights. All information and material submitted by the Group shall remain as our exclusive property.

The user acknowledges and agrees to:
- Comply with all intellectual property, copyright, trade mark or patent laws including laws which apply to books, videos and music in relation to material or information submitted by the user and by other users.
- Include the URL when referring to material on someone else's website.
- Grant us a non-exclusive, perpetual, royalty free, unrestricted, Australian license to edit, reproduce, adapt, translate, exhibit, publish, make available to the public, redistribute, transmit, broadcast, publicly perform, transfer, sub license and otherwise use such material. This grant includes the right to exploit all intellectual property rights in any such information or other material including but not limited to rights under copyright, trade mark or patent law in any jurisdiction in the world.

Exclusion of Warranties

(a) We do not warrant that the Group is error or fault free or that the Group will meet the users requirements. We do not take responsibility for the actions or viability of the host company of the Group.

(b) Except as otherwise expressly stated in these Terms and Conditons, the Group makes no express or implied warranties to the user and expressly exclude all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement, except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void.

Indemnity

The user acknowledges and agrees to indemnify us at all times from any loss, costs, expenses (including reasonable legal fees), claims, damages, settlement, penalties, fines or other liability incurred or suffered arising out of the use of the Group or breach of our Terms and Conditions.

Termination

The most recent version of the Terms and Conditions are effective unless terminated by us. We may at any time and without notice terminate the Terms and Conditions; however our Terms and Conditions will subsist.

We may at any time and without notice terminate the users right to submit information and materials to the Group; however all restrictions imposed on the user and all our disclaimers and limitations of liability within our Terms and Conditions will subsist. In the event that the user is no longer authorised to add information to the Group we will not be liable to the user for any claims whatsoever.

Circumstances beyond our control

Should failure or delay in the performance of our obligations to the user be due to circumstances beyond our reasonable control we will not be liable. This failure or delay may include, but is not limited to, any mechanical, electronic, communications or third party supplier failure, or any act of God or other cause beyond our reasonable control.

Notices

In addition to any other form of services permitted by law we may provide notices to the user by posting the notice on the Website.

Purchases

All products purchased remain our property. Products purchased for the use in the Forum/message board feature are to be used only for the purpose of participating in the Forum/message board feature. Purchasing products entitles the user to use the features for a specified period of time. The period of time the user has for products purchased for the purpose of utilising the Forum/message board feature is one year from the date of purchase. The period of time the user has use of the products purchased to promote an election campaign is one year from the date of purchase. Should the user no longer require the products the user may request to have the products removed. To maintain the products after this period of time the products must be repurchased. Prices are in Australian dollars and are inclusive of GST.

The products purchased for the promotion of an election campaign will only function correctly if the user operates the current version of Microsoft MS Internet Explorer.

The products purchased for the promotion of an election campaign are valid for the role and location in which the user has selected when completing the order form only and is not transferable to another role and/or location.

The user agrees to comply with all relevant rules, regulations and acts including acts that relate to elections during the period of time the user has use of the products purchased to promote the users election campaign.

Unless the user has confirmed that they have read and understood the most recent version of the Terms and Conditions the user will not be able to purchase the features. We reserve the right to reject orders at our sole and absolute discretion. Should we deem that a feature is not being conducted in a proper and ethical manner in accordance with the Terms & Conditions, we have the right to remove product and the feature without issuing a refund.

Payments

Full payment is required prior to the set up of the products. Payment methods other than those stated will not be accepted and no responsibility will be accepted for the loss of cash receipts.

Refunds

Except for circumstances outside of our control, features will become active up to seven days after purchase. Should the purchase be cancelled during this set up time a charge for the setting up of the features will apply. If after eight days the purchase is cancelled a refund will not be issued.

Community Events

Events submitted to appear on the Group are to be related to non-profit community organisations unless written approval has been issued by us. In order for us to confirm an event either an email address or telephone number must be provided as contact details when submitting an event. In order for the public to gain further information in relation to an event, either an email address or telephone number must be provided as contact details when submitting an event.

The user acknowledges and agrees that the Group will display contact details submitted. At the Group's sole and absolute discretion it may refuse or remove events.

Comments and complaints
Complaints or comments in relation to the Group are to be submitted direct to us via the contact details listed in the About Us page of the Website. The user agrees and acknowledges that we reserve the right to initiate legal action against the user for complaints or comments submitted to the Group.

Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Queensland, Australia, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Disclaimer
To the extent permitted by law:
(a) where the Group's services provided to the user are subject to warranties or terms implied by statute, general law, international convention or custom which cannot be excluded, restricted or modified our liability for breach of any such condition or warranty will be limited to the supply of the services again.
(b) The Group excludes all liability to the user or any other person for any loss or damage, whether arising in contract, negligence or otherwise arising out of or in connection with any use of the Group's services or information on or provided though the Group's services
(c) and without limiting subclause (b), the Group excludes all liability to the user or any other person (whether in contract, negligence, tort, equity or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss or corruption of data or loss of goodwill, even if the Group has been advised of the possibility of such loss or damage.

Indemnity

The user must at all times indemnify the Group, its affiliates and its suppliers and their respective officers, employees, contractors and agents ("those indemnified") from and against any loss, costs, expenses (including reasonable legal fees), claims, damages, settlement, penalties, fines or other liability incurred or suffered by any of those indemnified arising out of use by the user of the Group and the Website or breach of these Terms and Conditions.