Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Noshly at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Please view the disclaimer relating to use of information and materials on the Website here.
In no event shall Noshly or its suppliers, subsidiaries, agents, licensors, managers, and other affiliated companies be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, even if Noshly or a Noshly authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on the Website could include technical, typographical, or photographic errors. Noshly does not warrant that any of the materials on the Website are accurate, complete, or current. Noshly may make changes to the materials contained on its Website at any time without notice. Noshly does not, however, make any commitment to update the materials.
Noshly has not reviewed all of the third party sites linked to from the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Noshly of the external site. Use of any such linked site is at the user's own risk.
Any claim relating to the Website shall be governed by the laws of the Commonwealth of Australia without regard to its conflict of law provisions.
You may use the Website only if you can form a binding contract with Noshly, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Noshly reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
You may create an account at Noshly in order to gain access to t certain features and functionality of the Website that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Noshly immediately of any breach of security or unauthorised use of your account. Noshly will not be liable for any losses caused by any unauthorised use of your account.
If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Website. Any use or access to the Website by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for a User Account or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us via // <![CDATA[ var username = "feedback"; var hostname = "noshly.com"; var linktext = username + "@" + hostname ; document.write("" + linktext + ""); // ]]> .
All information, data, text, photographs, graphics, messages, tags, or other materials that you and/or other users post, upload, link to and/or otherwise submit to the Website or through the Services or the Applications (collectively referred to as "User Generated Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Generated Content originated. You are entirely responsible for all of the User Generated Content that you upload, post, email, transmit or otherwise make available via the Site, the Services or the Applications. We do not monitor or control User Generated Content posted and we take no responsibility for such content.
We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Generated Content will be at your own risk.
You understand that by using or accessing the Website you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Generated Content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on the Site, via the Service or the Applications.
While you own all of your own User Generated Content, you hereby grant us, our licensees of the Applications and business partners a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use and exploit your User Generated Content for any purpose. Furthermore, you hereby grant us, our licensees of the Applications and business partners the right to publicly exhibit, display, reproduce, store, distribute, alter or make other use of photographs, images or likenesses of you, or in which you may be included with others. You consent to such uses in any medium now known or developed in the future, including photographs, slide shows, Internet images or other mediums, means of storage or distribution. You agree that such images and likenesses of you can be used with or without your name. You give this permission without any limitation whatsoever. In consideration of the opportunity to have your image, likeness and/or name used as set forth above, you agree to release and discharge us, our licensees of the Applications and business partners from any claims, actions and demands of any nature, including but not limited to any claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claim, based on or arising out of or in connection with the above-stated uses of images of you or your image, likeness or name.
In granting these license to us, our licensees of the Applications and business partners, you represent and warrant that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant these licenses, which include but are not limited to any third party rights that are required as a result of the subject matter of your User Generated Content.
You will only upload, post, submit or otherwise transmit User Generated Content that:
We will in appropriate circumstances terminate the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
You agree not to do any of the following while using Noshly.
Noshly cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Email: [email protected]
Noshly Pty Ltd
PO Box 254
Robina QLD 4226