1 Introduction
This website (Site) is operated by (we, our or us). These terms and conditions (Terms) are between us and you, the person purchasing a subscription for directory services through the Site.
2 Use of the Site
(a) You accept these Terms by purchasing a subscription via the Site.
(b) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.
3 Accounts
(a) You may purchase a subscription through an account with us.
(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
4 Subscriptions
(a) By purchasing a subscription, you are agreeing to us providing our directory services to you on an ongoing basis. The details of your subscription (including your subscription tier and inclusions, your payment method, and your delivery period) are as set out in your account on the Site.
(b) You may purchase a subscription by paying the subscription fees outlined on the Site (Price) in advance on recurring interval disclosed to you prior to your payment of the Price (Billing Cycle).
(c) Your subscription is ongoing unless cancelled in writing.
(d) Should you cancel your subscription, your listing will be visible until the end of the paid up period, unless full removal is requested. No refund shall be given for any portion of an unused subscription.
(e) We may need to change what is available as part of your subscription (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your subscription, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your subscription. If the changes adversely affect your enjoyment of your subscription, you may cancel your subscription with effect from the date we apply the changes to your subscription by providing written notice to us. If you cancel your subscription in accordance with this clause, and you have paid any part of the Price upfront, you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
(f) We may, at our absolute discretion, suspend or cancel any subscription. If we need to suspend or cancel your subscription, we will promptly notify you via email.
(a) You will be charged the Price for your subscription by completing the initial transaction on the Site. Unless you suspend or cancel your subscription in accordance with these terms, you will be charged the Price in accordance with the Billing Cycle.
(b) The Price at time of joining and Billing Cycle will remain the same for the life of your listing. Should we change the Price from time to time this shall have no affect on your pricing.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(e) We may from time to time issue promotional discount codes for directory services on the Site.
(f) To redeem the promotional discount code, you must enter the code into your account, and the discount will be applied to your subscription at the beginning of the next Billing Cycle.
(g) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
(h) Should a credit card be dishonoured a fee of $5.50 will be charged each time the card is dishonoured.
6 Australian Consumer Law (head office base)
Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the directory services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in these terms and conditions excludes those Consumer Law Rights.
7 Limitations
(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
(1) neither Party will be liable for Consequential Loss;
(2) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
(3) our aggregate liability for any Liability arising from or in connection with the Terms (including the directory services and/or the subject matter of the Terms) will be the portion of the Price paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of the Price paid, an amount equal to 12 months of the Price calculated on a pro rata basis having regard to the amount of the Price paid and the period of time)
8 Intellectual property
(a) You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and any content on the Site) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
(d) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4) you comply with all other terms of these Terms.
9 Termination
(a) Cancellation of subscriptions: You may request to cancel your subscription at any time by notifying us via email. Your cancellation will take effect from the end of the current Billing cycle as set out on the Site.
(b) Termination of Account: A subscription will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(1) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(2) the Defaulting Party is unable to pay its debts as they fall due.
(3) should we suspect that you are in breach of these Terms, we may suspend your access to your account while we investigate the suspected breach.
(4) upon expiry or termination of your subscription, we will remove your access to your account;
(5) where we terminate your subscription as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees;
(6) termination of a subscription will not affect any rights or liabilities that a Party has accrued under these Terms.
(7) This clause will survive the termination or expiry of your subscription.
10 User Content
(a) You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.
(b) If you make any User Content available on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.
(c) You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that:
(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you purchased your subscription or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
(d) Feedback and complaints: We are always looking to improve our directory services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(e) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(f) Governing law: These Terms are governed by the laws of South Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
(g) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
12 Definitions
(a) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
(b) Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
(c) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions and notices, please contact us at:
Email: [email protected]
