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Chapter 1 — General

1Acceptance of Terms

Koreanpages Australia ("Koreanpages Australia", "we", "us") welcomes you. Koreanpages Australia provides the Service to you subject to these Terms of Service ("Terms"), which we may update from time to time. If we make a material change, we will take reasonable steps to notify you, such as by posting a notice on the Service or sending an email, before the change takes effect. When you use a particular feature of the Service, you may also be subject to posted guidelines or rules for that feature, which are incorporated into these Terms by reference. Some services may be governed by separate terms of service, which will be identified as such.

2Description of Service

Koreanpages Australia gives users access to a range of resources — including communication tools, forums, shopping services, search services, and personalised content — through its network of properties, accessible through any medium or device now known or later developed (the "Service"). The Service may include advertisements, and you agree these are part of how we fund the Service. The Service may also include service announcements, administrative messages, and a newsletter; these are considered part of your membership. New features that extend the Service are subject to these Terms unless we state otherwise. The Service is provided on an "as is" and "as available" basis, subject to the consumer guarantees described in section 21 below, which cannot be excluded under Australian law. You are responsible for your own equipment and internet access costs needed to use the Service.

3Your Registration Obligations

By using the Service, you confirm that you are at least 18 years old, or have the consent of a parent or guardian, and that you are not otherwise prohibited from using the Service under Australian law. You agree to: (a) provide true, accurate, current and complete information as prompted by our registration form ("Registration Data"); and (b) keep that information up to date. Identity checks we carry out (for example, to verify your name or business details) are for account security and fraud prevention, not a statutory "real-name" registration scheme. If information you provide is untrue, inaccurate, or incomplete, we may suspend or terminate your account. We take the safety and privacy of all users, particularly children, seriously.

4Privacy

Your personal information is handled in accordance with our Privacy Policy and the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). By using the Service, you acknowledge that your personal information may be collected, used, and disclosed as described in our Privacy Policy, including where necessary the transfer of information overseas for storage or processing by Koreanpages Australia or its service providers. Where we disclose personal information to an overseas recipient, we will take reasonable steps consistent with Australian Privacy Principle 8 to ensure that recipient does not breach the Australian Privacy Principles.

5Member Account, Password and Security

You will receive a password and account designation on completing registration. You are responsible for keeping your password confidential and for all activity under your account. You agree to: (a) notify us immediately of any unauthorised use of your account or any other breach of security; and (b) log out of your account at the end of each session. Subject to any rights you have under the Australian Consumer Law, Koreanpages Australia is not liable for loss or damage arising from your failure to comply with this section, except to the extent caused by our negligence or breach of these Terms.

6Member Conduct

All information, text, software, images, video, or other material ("Content") that you upload, post, email, transmit, or otherwise make available via the Service is your sole responsibility. Koreanpages Australia does not control member Content and does not guarantee its accuracy or quality. You may be exposed to Content that you find offensive or objectionable. Except as required by law, Koreanpages Australia is not liable for Content, including errors, omissions, or any loss arising from your use of Content made available via the Service.

You agree not to use the Service to:

• upload or transmit Content that is unlawful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, or discriminatory;
• harm minors in any way;
• impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• forge headers or manipulate identifiers to disguise the origin of Content;
• upload Content you have no right to make available under law, contract, or a duty of confidence;
• upload Content that infringes another party's patent, trademark, trade secret, copyright, or other intellectual property rights;
• send unsolicited advertising, spam, chain letters, or pyramid schemes, outside areas designated for that purpose;
• upload material containing viruses or other harmful computer code;
• disrupt the normal flow of dialogue or interfere with other users' ability to use the Service;
• interfere with or disrupt the Service or connected networks, or disobey applicable network policies;
• provide material support to any organisation proscribed as a terrorist organisation under Australian or applicable foreign law;
• stalk or harass another person;
• collect or store personal information about other users in connection with any of the prohibited conduct above.

We may, but are not obliged to, pre-screen, refuse, or remove Content that breaches these Terms or is otherwise objectionable, and may act on reports of such Content, including removing it and suspending the responsible user, without prior notice. You bear the risk of relying on any Content, including Content posted by other members.

You agree that Koreanpages Australia may access, preserve, and disclose your account information and Content where we reasonably believe this is necessary to: (a) comply with an Australian legal process, such as a warrant, subpoena, or court order; (b) enforce these Terms; (c) respond to a claim that Content infringes a third party's rights; (d) respond to your customer service request; or (e) protect the rights, property, or safety of Koreanpages Australia, our users, or the public.

7International Nature of Communications

When you register, you acknowledge that using the Service to send communications (including email, search queries, and messages) may cause data to be transmitted through computer networks located in Australia and, in some cases, other countries where our infrastructure or service providers are located. As a result, even communications that appear local in nature may involve cross-border data transmission.

8Export and Sanctions Compliance

You agree to comply with all applicable Australian laws when using the Service, including the Autonomous Sanctions Act 2011 (Cth) and the Charter of the United Nations Act 1945 (Cth), which restrict dealings with sanctioned persons, entities, and countries. Where your use of the Service involves cross-border transfers of software, technology, or technical data, you must also comply with the export control and sanctions laws of any other country that apply to you, such as the U.S. Export Administration Regulations, where relevant. You represent that you are not named on any applicable Australian or other sanctions list, and that you will not use the Service for any military, nuclear, chemical, or biological weapons end-use prohibited by applicable law.

9Content Submitted or Made Available on the Service

Copyright in each post or submission remains with the member who created it. Koreanpages Australia owns copyright in: (a) the Service itself, including its design, layout, and any curated content; and (b) the compilation, selection, and arrangement of Content on the Service, protected as a compilation under the Copyright Act 1968 (Cth). Nothing in these Terms transfers ownership of your Content to Koreanpages Australia.

With respect to Content you submit to publicly accessible areas of the Service, you grant Koreanpages Australia the following worldwide, royalty-free, non-exclusive licences:

• for Content submitted to a specific Koreanpages property, a licence to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display that Content solely to provide and promote that property, for as long as the Content remains on the Service;
• for photos, graphics, audio, or video submitted elsewhere on the Service, the same licence, limited to the purpose for which it was submitted, for as long as the Content remains on the Service;
• for other Content submitted to publicly accessible areas of the Service, a perpetual, irrevocable, sub-licensable licence to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display that Content and incorporate it into other works.

"Publicly accessible" areas are those areas of the Service intended by Koreanpages Australia to be available to the general public, such as message boards and public photo galleries. They do not include member-only areas or private communication tools such as direct messaging.

You authorise Koreanpages Australia to act against unauthorised copying, scraping, or redistribution of your Content by third parties, including by issuing takedown notices and, where we consider it appropriate and at our own cost, commencing or joining legal proceedings in your name. This authority does not transfer ownership of your Content to us, and survives deletion of the Content to the extent needed to address infringement that occurred while it was available on the Service.

10Contributions to Koreanpages Australia

If you submit ideas, suggestions, or proposals ("Contributions") through our feedback channels, you agree that: your Contributions do not contain confidential information; we are under no obligation of confidentiality regarding them; we may use or disclose Contributions for any purpose without payment to you; and we may already be considering something similar. You are not entitled to compensation for any Contribution we use.

11Indemnity

To the extent permitted by law, you agree to indemnify Koreanpages Australia and its officers, employees, and agents against any claim or demand, including reasonable legal costs, brought by a third party arising from Content you submit, your use of the Service, or your breach of these Terms or of another person's rights. This indemnity does not apply to the extent a claim arises from our negligence, wilful misconduct, or breach of a consumer guarantee that cannot be excluded under the Australian Consumer Law.

12No Resale of the Service

You agree not to reproduce, duplicate, copy, sell, trade, or exploit for commercial purposes any part of the Service, including your account, without our prior written consent.

13General Practices Regarding Use and Storage

We may set general practices and limits for use of the Service — for example, limits on message retention, storage, or how often you may access the Service — and may change these from time to time. We may log off accounts that are inactive for an extended period. Except where the Australian Consumer Law implies a guarantee that cannot be excluded, Koreanpages Australia is not liable for the deletion or failure to store Content.

14Modifications to the Service

We may modify or discontinue the Service, or any part of it, at any time, with reasonable notice where practicable. Except to the extent required by the Australian Consumer Law, Koreanpages Australia is not liable to you or any third party for such modification, suspension, or discontinuance.

15Termination

We may suspend or terminate your account and access to the Service, with notice where reasonably practicable, for reasons including: breach of these Terms; requests from Australian law enforcement or government agencies; your own request to close your account; discontinuance of the Service; security issues; extended inactivity; fraudulent or illegal activity; or non-payment of fees owed. On termination, we will remove your access to the Service, delete your account credentials, and bar further use of the Service. Terminations for cause are made on reasonable grounds, and Koreanpages Australia is not liable for a termination made in good faith in accordance with this section.

16Dealings with Advertisers

Your dealings with advertisers found through the Service, including payment for and delivery of goods or services, are solely between you and the advertiser. Koreanpages Australia is not responsible for loss or damage arising from those dealings, except to the extent the Australian Consumer Law applies to us directly as a supplier.

17Links

The Service may contain links to third-party websites. Koreanpages Australia does not control, endorse, or accept responsibility for the content, products, or services on those sites.

18Koreanpages Australia's Proprietary Rights

The Service and any related software ("Software") contain proprietary information protected by Australian intellectual property law. Except as expressly authorised, you agree not to modify, rent, lease, sell, distribute, or create derivative works based on the Service or Software. We grant you a personal, non-transferable, non-exclusive licence to use the Software on a single device, provided you do not copy, reverse engineer, or attempt to extract source code from it, and do not access the Service other than through the interface we provide.

No Automated Access: you must not use a robot, spider, scraper, or other automated tool to access, monitor, or extract Content from the Service without our prior written consent, whether or not you hold an account.

Enforcement: unauthorised reproduction, distribution, or scraping of the Service may result in suspension or termination of your account, removal of infringing material, and legal action, including a claim for an injunction, damages, or an account of profits under the Copyright Act 1968 (Cth).

19Refund Policy

Administration or registration fees are non-refundable. To request a refund for a paid service, email info@koreanpages.com with your claim; we will review it and respond within a reasonable time. Nothing in this section limits any refund, repair, or replacement you are entitled to under the consumer guarantees in the Australian Consumer Law, which cannot be excluded, restricted, or modified.

Subject to those consumer guarantees, a refund may be declined where: (a) the request involves suspected misuse of payment or personal information, which will be handled in accordance with applicable law; (b) your account or listing has been restricted for a breach of these Terms; or (c) the request is based on misleading information you provided or is made after an unreasonable delay.

Where a refund is approved, it will be paid to the account nominated by you, which must be an Australian bank account held in your name, or in the name of the entity that made the original payment.

20Use Restriction and Account Termination

We may restrict or terminate an account, with reasonable notice where practicable, if you: use another person's account or password without authority; obstruct the operation of the Service; register under a name that is not your own without disclosing this to us; register duplicate accounts for an improper purpose; use the Service for a purpose contrary to public morals or social convention; defame a third party; send bulk or unsolicited commercial messages in breach of the Spam Act 2003 (Cth); attempt to damage the Service through malicious code; infringe another member's or Koreanpages Australia's intellectual property; misuse another person's information; or use the Service's content or systems commercially without our prior approval.

21Consumer Guarantees and Disclaimer of Other Warranties

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. To the extent the Service is not of a kind ordinarily acquired for personal, domestic, or household use, our liability for breach of a non-excludable guarantee is limited, at our option, to resupplying the service or paying the cost of having it resupplied.

Subject to the guarantees above, the Service is provided on an "as is" and "as available" basis, and, to the extent permitted by law, Koreanpages Australia disclaims all other warranties, whether express or implied, including as to merchantability or fitness for a particular purpose. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that results obtained through the Service will be accurate. Material downloaded through the Service is accessed at your own discretion and risk, and you are responsible for any resulting damage to your device or loss of data.

A small percentage of people may experience seizures triggered by certain visual patterns on a screen, even without a prior history of epilepsy. If you or a family member has a history of seizures, consult a doctor before using the Service, and stop using it immediately if you experience dizziness, altered vision, disorientation, or involuntary movement.

22Limitation of Liability

Nothing in this section limits any right or remedy you have under the Australian Consumer Law that cannot be excluded. Subject to that, and to the extent permitted by law, Koreanpages Australia is not liable to you for any indirect, special, or consequential loss (including loss of profits, goodwill, or data) arising from your use of, or inability to use, the Service, unauthorised access to your data, or the conduct of other users or third parties on the Service, whether in contract, tort (including negligence), or otherwise.

23Interpretation with Other Laws

Some jurisdictions do not permit the exclusion of certain warranties or the limitation of certain types of liability. If any limitation in sections 21 or 22 is found to be unenforceable in your case, that limitation applies only to the extent permitted by law, and the remainder of these Terms continues to apply.

24Financial Information

Where the Service includes news, alerts, or other information about companies, securities, or investments, that information is provided for general informational purposes only and is not financial product advice. Koreanpages Australia does not hold an Australian Financial Services Licence and is not responsible for any trading or investment decision you make based on information available through the Service. You should seek advice from a licensed financial adviser before making investment decisions.

25No Third-Party Beneficiaries

Except as expressly stated in these Terms, no third party has any right to enforce them.

26Notices

We may give you notice, including of changes to these Terms, by email, ordinary post, or a notice posted on the Service.

27Trademarks

All Koreanpages Australia trademarks, trade names, logos, and brand features are the property of Koreanpages Australia. You agree not to display or use them without our prior written permission.

28Notice of Copyright or Intellectual Property Infringement

Koreanpages Australia respects intellectual property rights and expects users to do the same. We may, at our discretion, restrict or terminate the account of a user who repeatedly infringes another person's rights. If you believe your copyright or other intellectual property has been infringed on the Service, send our copyright contact the following:

• your signature, or that of a person authorised to act for the rights holder;
• a description of the copyright or other work you say has been infringed;
• the location of the allegedly infringing material on the Service;
• your name, address, telephone number, and email address;
• a statement that you believe in good faith the use is not authorised by the rights holder, its agent, or the law; and
• a statement, made under penalty of perjury or in a statutory declaration under Australian law, that the information is accurate and that you are, or are authorised to act for, the rights holder.

Notices can be sent to: Copyright Agent, Koreanpages Australia, by email to kopae.com.au@gmail.com.

29General

Entire Agreement: These Terms constitute the entire agreement between you and Koreanpages Australia regarding the Service, and supersede any prior agreement on the same subject. Additional terms may apply to particular services, features, or third-party content.

Governing Law and Jurisdiction: These Terms and your relationship with Koreanpages Australia are governed by the laws of Victoria, Australia. You and Koreanpages Australia submit to the non-exclusive jurisdiction of the courts of Victoria.

Unfair Contract Terms: If a court or tribunal finds that a term of these Terms is an unfair contract term under the Australian Consumer Law, or otherwise unenforceable, that term is void to that extent, and the rest of these Terms continues to apply.

Waiver and Severability: Our failure to enforce a right or provision does not waive that right or provision. If a provision is found invalid, the remaining provisions continue in full force, and the parties will attempt to give effect to the original intent of the invalid provision.

Death of a Member: Your account is non-transferable, and any rights to it end on your death. On receiving a copy of a death certificate, we may terminate the account and delete its contents.

Time Limit for Claims: To the extent permitted by law, a claim arising from your use of the Service or these Terms must be brought within one year of the claim arising, or it will be barred. This does not affect any different limitation period that applies under the Australian Consumer Law or another law that cannot be excluded.

Section headings are for convenience only and have no legal effect.