Ozhonda Terms and Conditions

Your Acceptance of Terms and Conditions

1. Your access to the Ozhonda web site is conditional upon your acceptance of, agreement to and compliance with the terms, conditions and notices contained here and elsewhere on the Ozhonda site (collectively, the "Terms and Conditions" or “T&C”). Your use of and access to the Ozhonda web site constitutes your agreement to the Terms and Conditions.
    
2. If you do not wish to be bound by the Terms and Conditions, you may not access or use the Ozhonda site.
    
3. The Terms and Conditions are subject to change without prior notification. You agree to review the Terms and Conditions periodically to be aware of any such modifications and your continued access to the Ozhonda site shall be deemed your acceptance of the modified Terms and Conditions. Every attempt will be made to notify members of any updates to the Terms and Conditions via the Announcements forum however it is your responsibility as a member to periodically review the Terms and Conditions.
    
4. Ozhonda is provided purely as a means of communication between its members regarding Honda vehicles and as a source of reference for non-members. Ozhonda may suspend a member's account at its sole discretion. A failure to comply with the Terms and Conditions may result in a suspension or ban from Ozhonda.



General posting conditions (for all sections of the forum)
 

5. Members who submit posts are solely responsible for their own posts, and agree not to include any content that:
   
   (a)    is unconnected to the topic of the thread;
   
   (b)     is unlawful, defamatory, libellous, threatening, abusive, offensive, obscene, vulgar, pornographic, dangerous, knowingly false, harassing, sexually oriented, racist, or invasive of an individual's privacy;
   
   (c)     infringe the rights of any other person or party of any law. This includes copyright or other intellectual property right. It also includes hyper linking to content that is contrary to any intellectual property right (eg by linking to infringing mp3 files, torrents or movies);
    
   (d)     is a hyperlink to material that you reasonably ought to know cannot be communicated or downloaded within Australian law;
   
   (e)     includes a reference to street racing (regardless of whether the racing is within the lawful speed limit);
   
   (f)     disclose details about another member such as name, address, phone number, email address, vehicle registration (or any other personal information) without their prior consent;
   
   (g)     is advertising or SPAM. Ozhonda is not to be used as a source of free commercial advertising in any form. This includes unsolicited commercial sales or promotion via Private Message (PM).
    
6. It is the sole responsibility of each Member to ensure the lawfulness of every post.
    
7. You acknowledge that whilst the Ozhonda Administrators or Moderators may edit or delete the content of any post (for any reason within their discretion) they do not assert any editorial control. If your post has been edited or deleted it is usually because of a breach of the Terms and Conditions.
    
8. Posting of any adult content (eg adult jokes) is only allowed in “The Lounge” and where such a thread is made, you must use the 18+ ‘Post Icon’. Details on how to attach this icon are found within a sticky thread in “The Lounge” forum.
    
9. Being a registered user, you agree that the viewing of threads marked with the 18+ ‘post icon’ contain adult content and you open/click on such threads understanding the nature of the content.



Indemnity and acknowledgement
 

10. You hereby agree to indemnify, defend and hold the Administrators, Moderators, operators, owners, and their agents (the "Ozhonda Parties") harmless from and against any and all claims, liability, injury, damage, losses, fines, impost, costs and expenses (including legal fees) incurred by any Ozhonda Party in connection with:
    
    (a)     your use of this site;
    
    (b)     any use or alleged use of your account;
    
    (c)     the content, accuracy or quality of material that you submit to the site;
    
    (d)     your interaction with any member including purchases from Ozhonda traders;
    
    (e)     your actions contrary to the Terms and Conditions; or
    
    (f)     your actions contrary to the rights of any other person or entity.
     
11. Without limiting the operation of clause 10, any “claim” within clause 10 includes claims relating to defamation, copyright, trademark infringement, breach of contract, tort, negligence, or any other cause of action.
     
12. You agree that the Ozhonda Parties are not liable to you or anyone else in respect of any damage or interference with a computer system or device owned by you in connection with your use of Ozhonda.
     
13. The use of information on this site is used at your own risk. There is no warranty or representation express or implied as to the accuracy, reliability or currency of information. The posts express the views of the author of the message, not necessarily the views of the Ozhonda Parties.
     
14. You acknowledge that the forums are not private communications. Ozhonda reserves the right to communicate with any law enforcement authority in any jurisdiction in respect of any lawful request to disclose the identity of any user of this site.
     
15. You acknowledge that the Ozhonda Parties are not responsible for any material in any forum. This includes any information or comment or advice of any member. The Ozhonda Parties do not authorise any particular comment or material of a user of this site.



Defamatory comments
 

16. Generally speaking, the law of defamation protects the reputation of individuals and organisations by granting the injured party the right to sue for damages. Material will generally be defamatory if it exposes someone to hatred, contempt or ridicule. Always consider whether your post is "of a kind likely to lead ordinary decent folk to think less of the person about whom it is made."
     
17. It is not the words that have been used which are said to be defamatory but the meaning that is conveyed by those words. To be liable for defamation, those meanings need not be intentional. There are very limited defences available to a claim of defamation.
     
18. Ozhonda does not tolerate defamatory comments and is in no way whatsoever responsible for any defamatory comments that are made by or against others (including other users, individuals and organisations).
     
19. Where such comments are made, Ozhonda Administrators and Moderators endeavour to remove such posts but it is impossible to monitor every post due to the large volume of posts and the real-time nature of the forum.
     
20. It is for this reason if you believe there is a defamatory comment/post made against you, report the post (using the report post button) and contact one of the Administrators or Moderators so that the post can be removed as soon as possible. If you are unhappy with this outcome, seek legal advice and/or action against the person/user who made the comment.
     
21. Ozhonda prefers that members do not make posts that are of a kind that lead others to think less of a person or business – even if the poster believes the comment is justified, fair or true. If you do post such matters you should not identify the person or business. If you are in doubt about your post or comment check with your lawyer (and speak to your bank manager as to whether you can fund protracted defamation proceedings).
     
22. For the same reasons, you should consider very carefully whether a negative trade rating is justified, truthful and appropriate in all the circumstances. You should be prepared to justify your rating in court if necessary.
     
23. If properly requested to do so by a Court or authority, Ozhonda will hand over any material relating to a defamatory comment. Such information includes (but is not limited to) the users IP address and posting date/time (all of which are logged and stored for each and every registered user on Ozhonda).



Marketplace
 

24. The Marketplace forum is only provided as a form of communication between users on this forum. Ozhonda is in no way responsible for any loss of money or damage to products/services that may arise from dealing with another user or business.
     
25. Users can only sell items that belong to them. Hence there will be no selling on behalf of others.
     
26. The posting of unrelated equipment in the marketplace will not be accepted. The Marketplace is only for buying/selling vehicles or vehicle parts relating to Honda. I.e. no selling of computers/computer parts, parts from other manufacturers or anything else non-car related. Audio/video equipment will be allowed only if they are items that would constitute in-car entertainment. Ozhonda reserves to right to remove unrelated posts without any prior notice to the user.
     
27. The "Parts for sale" and "Cars for sale" forums are provided purely for private use and no commercial posts will be allowed. A separate "Traders" forum is provided for commercial sellers. Ozhonda reserves the right to remove any posts suspected as being commercial at its discretion without any prior notice to the user.
     
28. Seller / trade ratings can only be left for transactions that have taken place between two users. This system is in place for the benefit of members' and abuse of the system will not be tolerated.
     
29. It is YOUR responsibility to get all details of the buyer/seller such as name, address, phone number, email address etc such that you can get in contact with him/her if he/she is not contactable via the Ozhonda forums. It is also your responsibility to obtain all the necessary information if there is a situation where an official complaint to the police needs to be made. In such a situation, Ozhonda will provide the relevant authorities with the required information (such as IP address, posting date/time etc) on request.
     
30. If you have any complaints about a particular user, private message a Moderator of the forum AND select the Marketplace Feedback option on the Contact Us page (see link at the bottom of any page) and we will keep your complaint on record. If there are sufficient complaints against one particular user, then his/her account may be suspended if Ozhonda deems necessary. Note that the iTrader system is still to be used for submitting feedback for a particular user. Trading on the Ozhonda forums and in the Marketplace is done at your own risk.



User Accounts
 

31. User signatures cannot contain any advertising. The only exceptions being a user's own for sale thread on the Ozhonda forums with a link to the thread, advertising by a current Ozhonda Trader, or advertisinng a current traders product/services by a member. Furthermore, signature font size must not exceed 4 point, and where a signature is found to exceed this size limit, a moderator or administrator will reduce the font size without any prior notice.
     
32. Offensive images in avatars which include pornography, nudity, obscene violence or any other content classified as prohibited or offensive will not be tolerated and will be removed by a moderator if found without any prior notice.
     
33. Ozhonda users are only allowed one account per person and where Ozhonda detects that one person is using multiple accounts, the other accounts will be disabled and the user warned. Ozhonda moderators will use a combination of IP address and post content monitoring in order to determine a single person using multiple accounts.



Traders / Advertisers
 

34. Ozhonda Traders/Advertisers contribute financially in order to trade/advertise on Ozhonda. However, if the situation arises where the trader/advertiser breaches the Ozhonda Terms and Conditions set out on this page or acts in a manner that Ozhonda sees unfit (at Ozhonda's discretion, based on member feedback), then Ozhonda reserves the right to cancel the trader's right to trade and/or advertise along with a refund of the monies outstanding pro-rata for the period remaining.
     
35. Ozhonda Traders/Advertisers are restricted to making new threads selling their products/services to the 'Traders' forum. However, Ozhonda Traders/Advertisers may reply to other threads with prices on their products / services.



Other
 

36. If any part of the Terms and Conditions are held to be invalid, unlawful or unenforceable, the enforceability of the remainder will not be affected and shall be read as if the relevant part had been deleted.
     
37. The Terms and Conditions will be governed by the law in force in New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts in New South Wales. You waive any right you might have to claim that those courts are an inconvenient forum.
    
    

    Last updated 24 March 2013 (Clause 30)