Terms of Service

Welcome to the Terms of Service for Yumcha.com.au. This agreement describes the terms on which you may access and use our services. In order to become a Yumcha.com.au user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. Nothing in this agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this agreement, you may not use nor access our services.

 

We reserve the right to modify this agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Yumcha.com.au service indicates your acceptance of the amended Terms of Service.

 

Description of Service
Yumcha.com.au is an online service offered to enable professionals to find content relevant to Asian professionals and connect with other professionals. Whether looking for a job or networking, Yumcha.com.au users can make contact with thousands of professionals and community leaders who are users of the Yumcha.com.au Service.

 

Membership Eligibility
The Yumcha.com.au Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Yumcha.com.au for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Yumcha.com.au account to another party. If you do not qualify, you may not use the Yumcha.com.au Service.

 

Use of Service
Your use of the Yumcha.com.au Service is governed by this Terms of Service. Yumcha.com.au may refuse service without prior notice to any user at our discretion.

 

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Yumcha.com.au of any unauthorised use of your password or account or any other breach of security. Yumcha.com.au cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

Termination 
You agree that Yumcha.com.au may, with or without cause, immediately terminate your Yumcha.com.au account and access to the Yumcha.com.au Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Yumcha.com.au of a user’s use of the Yumcha.com.au Service (a) breaches or violations of this Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Yumcha.com.au account includes removal of access to all offerings within the Yumcha.com.au Service and may also bar you from further use of the Yumcha.com.au Service. Furthermore, you agree that all terminations shall be made in Yumcha.com.au’s sole discretion and that Yumcha.com.au shall not be liable to you nor any third-party for any termination of your account or access to the Yumcha.com.au Service.

 

User Conduct
You understand and agree not to use Yumcha.com.au to:

 

• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the Yumcha.com.au Service for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using Yumcha.com.au invitations to send messages to people who don’t know you or who are unlikely to recognise you as a known contact; b) Using Yumcha.com.au to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Yumcha.com.au Service.
• Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
• Interfere with or disrupt the Yumcha.com.au Service or servers or networks connected to the Yumcha.com.au Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Yumcha.com.au Service.

 

　

International Use
Recognising the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

 

Information Provided on this Website
In the course of using the Yumcha.com.au Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the Yumcha.com.au website or otherwise providing materials to Yumcha.com.au, you are granting to Yumcha Pty Limited a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Yumcha.com.au service. Furthermore, you understand that Yumcha.com.au retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Yumcha.com.au Service is the sole responsibility of the person from which such content originated and that Yumcha.com.au will not be liable for any errors or omissions in any content. You understand that Yumcha.com.au cannot guarantee the identity of any other users with whom you may interact in the course of using the Yumcha.com.au Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

 

Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Yumcha.com.au website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorised access, or transmission or activation of computer viruses.

 

Yumcha.com.au Communications
In the course of providing you services, Yumcha.com.au may need to communicate with you via email (see ourPrivacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Yumcha.com.au Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Yumcha.com.au Service.

 

Monitoring and Enforcement 
While we have the right to monitor activity and content associated with the Yumcha.com.au Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

 

Fees
Signing up for a basic Yumcha.com.au account is free. Recruiting memberships will be provided for a fee. Yumcha.com.au reserves the right to charge for the Yumcha.com.au Service or any portion thereof, modify the pricing of, add to, or discontinue the Yumcha.com.au Service or any portion thereof without prior notice.

 

Indemnification

You indemnify Yumcha.com.au from and against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to your activities on or use of the Website, any breach by you of these Terms of Use, any demand or complaint made by another user against you, and any comments, submissions, posts and materials made or added by you or authorised by you for the Website.

　

Disclaimers and Limitation of Liability

1. 10.1. The Trade Practices Act 1974 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified. Despite anything to the contrary in these Terms of Use, the disclaimers and limitations specified in these Terms of Use only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.
2. 10.2. Under these Terms of Use your use of Yumcha.com.au is at your risk. Yumcha Pty Limited is not liable to you or anyone else for any damage or loss in connection with use of the Website or any comment, submission, post or material on Yumcha.com.au. As regards use of Yumcha.com.au and tools on it, you release Yumcha Pty Limited from any claims, demands, and damages and Yumcha Pty Limited disclaims any and all liability relating to any statement, conduct or inaction relating to any user meetings, activities or participants.
3. 10.3. You should not act on the basis of anything contained in the Website without first obtaining any necessary or prudent professional advice. Yumcha Pty Limited is not responsible for any damage suffered from the direct or indirect use of the Website. This includes, but is not limited to: expenses and loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by the negligence, errors or omissions of Yumcha.com.au, its officers, employees and contractors, editors, moderators, consultants, and authors.
4. 10.4. The disclaimers and recommendations in the preceding paragraph apply to all content on the Website's web pages, PDFs and other files and documents. The disclaimers and recommendations in the preceding paragraph are not restricted by the detailed provisions below.
5. 10.5. All care and diligence is taken to ensure the accuracy and currency of information. However, Yumcha.com.au, its officers, employees and contractors, editors, moderators, consultants, and authors with content on Yumcha.com.au, and the internet service provider hosting the Website, make no representation and accept no responsibility for any error, omission, service interruption, unreliability, lack of timeliness, inaccuracy, misleading information or anything done or not done if you use, download, or act in reliance on any representation, information or data contained, linked or distributed through the Website.
6. 10.6. Yumcha.com.au and its content is therefore provided 'as is', and to the full extent permitted by the law, without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for purpose or otherwise.
7. 10.7. Further, Yumcha.com.au, its officers, employees and contractors; editors, moderators, consultants, and authors with content on the Website; and the internet service provider hosting the Website, accept no liability for any direct, indirect, incidental, consequential, exemplary, special, or punitive damage (including any loss of profit, revenue or data) whatsoever and howsoever caused, arising from access, use, downloading, or reliance by you or any third party on or of any representation, information, product or service provided on, via or involving the Website, whether relating to a meeting or otherwise, whether in an action of contract, tort (including negligence), criminal law, property, trust, unjust enrichment or statutory law.

　

Entire Agreement
The Terms of Service constitutes the entire agreement between you and Yumcha.com.au and governs your use of the Yumcha.com.au Service, superseding any prior agreements between you and Yumcha.com.au.

 

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YUMCHA.COM.AU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YUMCHA.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

　

Governing Law and Jurisdiction

These Terms of Use must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

If we change our privacy policy, we will post those changes on our web site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email.

Invite a Friend

If a user elects to use our Invite feature to invite a friend to our site, we ask them for the friend's email address.Yumcha.com.au will automatically send the friend an email inviting them to join the site. Yumcha.com.au stores this email address for the purpose of automatically adding the respondant to the friends list of the user sending the invitation, and also to send reminders of the invitation. Yumcha.com.au does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders. The friend may contact Yumcha.com.au to request the removal of this information from our database.

Chat Rooms, Message Boards, and Public Forums

Please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through e-mail, or in chat areas - that information can be collected and used by others. In short, by posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return.

Security

Your Yumcha.com.au account is password-protected. This web site takes every precaution to protect our users' information. We use industry standard measures to protect your information that is stored within our database. We limit the access to your information to those employees who need access to perform their job function such as our customer service personnel. If you have any questions about the security at our website, please contact us.

Email Choice/Opt-out

Users who no longer wish to receive our periodical updates or news may opt-out of receiving these communications by following the instructions contained in the email or by logging-in and changing their settings in the Account Info section of the site.

Third Party Advertising

The ads appearing on this Web site are delivered to users by our Web advertising partners. Our Web advertising partners may set cookies. Doing this allows the ad network to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. Yumcha.com.au does not have access to or control of the cookies that may be placed by the third-party ad servers or ad networks.  This privacy statement covers the use of cookies byYumcha.com.au and does not cover the use of cookies by any advertisers.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, please contact us, info@yumcha.com.au.