SPEEDFIND
WEBSITE TERMS AND CONDITIONS OF USE
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Please
read the following terms and conditions (“TAC”) relating
to your use of the Website carefully. By using this site, you have
agreed to these TAC of use where deemed by SF to be relevant to
you.
We
reserve the right to modify them at any time. You should check these
TAC periodically for changes.
To
help us maintain a high level of service through the Website, if
you see a listing that violates any of the TAC set out, please let
us know immediately by contacting us at abuse@speedfind.com.au.
If
you are a Subscriber or Independent Representative (“Client”)
of SF, SF may provide additional Guidelines or TAC, which will apply
to you in addition to the TAC located on the Website. These, if
any, will be provided on acceptance of your application to the use
such Listings.
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1
Application of these Terms and Conditions
The Speedfind
Website www.speedfind.com.au ("Website") is owned by Speedfind
Pty Ltd (ACN 106 097 634) ("SF"). The use of the Website is
subject to these (“TAC”)
2
Copyright
The
Website and the data contained within it are supplied solely for informational
use. Apart from any fair dealing for the purpose of private study, research,
criticism or review, as permitted under the Copyright Act 1968 (Cth),
no part may be reproduced or re-used for any purpose whatsoever without
the written permission of SF. However, users of the Website may download
individual listings for their own private use in the course of the normal
use of the Website for directory assistance purposes. The Website and
the publication contained within it are the copyright © of SF.
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Listing
SF currently
provides Clients only (at a fee) with access to a wide variety of on-line
resources, including the ability to modify viewable information, various
CRM tools and order point facilities, through its network of Listings
("Listing"). Unless explicitly stated otherwise, any new features
that are added to improve or enhance the current Listing, including the
release of new SF listings, shall be subject to these TAC. You understand
and agree that the Listing is provided "AS-IS" and that SF assumes
no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalisation settings.
4
Links to Third Party Websites
The Listings,
Clients, or third parties may provide links to Websites Operated By Other
Parties (“TPW”) or resources. SF has no control over such
sites and resources, and does not have a practice of monitoring or making
inquiries about the content of such sites accessed by such links. You
acknowledge and agree that SF is not responsible for, does not endorse
and makes no representations either expressly or impliedly concerning
TPW, their content or any products or services that they offer. Any content
contained on TPW does not represent the views of SF. You access TPW completely
at your own risk.
5
Third Party Content
The Website contains
content provided to SF by other parties (“TPC"). SF does not
have a practice of monitoring or making inquiries about TPC. You agree
that you must evaluate and bear all risks associated with the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you also acknowledge that you may not
rely on any Content created by SF or submitted to SF by SF Clients. Except
where any law implies any term into your use of or any arrangement arising
out of the accessing of the Website and that law prohibits exclusion of
that term, SF is not responsible for, do not endorse and make no representations
either expressly or implied concerning TPC. You rely on TPC completely
at your own risk.
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Client Registration Requirements and Obligations
In regards
to details required for the registration of a Client, you must provide
information about yourself as required in the Application form that is
true, current and accurate.
If SF believes
that information provided is not true, current and accurate, SF has the
right to suspend or terminate your subscription to the Listing and refuse
any and all current or future use of the Listing.
Details collected
for the registration of the Client and certain other information about
you is subject to our Privacy Policy. Please view our Privacy policy for
more information.
You understand
that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you
as the Client, and not SF, are entirely responsible for all Content that
you upload, post, e-mail or otherwise transmit via the Listing.
SF does not
control the Content that is posted on the Website through the Listings,
as such, cannot and does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Website, you may be
exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will SF 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 any Content posted,
e-mailed or otherwise transmitted via the Listings.
As a Client
you will receive a password for your Listing once registration procedures
are completed and accepted. You are responsible for maintaining the confidentiality
of the password and Listing details, and are fully responsible for all
activities that occur under your password or account (SF cannot and will
not be liable for any loss or damage arising from your failure to keep
your password secure). You agree to:
immediately
notify SF of any unauthorised use of your password or account or any other
breach of security; and
As a Client
you agree not to use Listings to:
upload, place,
e-mail or otherwise broadcast any Content that is unlawful, damaging,
intimidating, offensive, obscene, invasive of another's privacy, or racially,
sexually, ethnically or otherwise objectionable or defamatory;
upload, place,
e-mail or otherwise broadcast any Content that you do not have a right
to by law or contractual approval;
upload, place,
e-mail or otherwise broadcast any Content that infringes upon any patent,
trademark, copyright or other proprietary rights of any third party;
upload, place,
e-mail or otherwise broadcast any unsolicited or unauthorised advertising,
promotional materials, "junk mail," "spam," or "chain
letters"; and
intentionally
or unintentionally violate any applicable local, state, national or international
law, and any regulations having the force of law.
You acknowledge
that SF does not pre-screen or have a practice of monitoring or making
inquiries about content associated with Listings, but that SF, its and
its agents designers shall have the right (but not the obligation) in
their sole discretion to refuse or remove any Content that violates the
TAC or is otherwise objectionable, that is available via the Listings.
You acknowledge
and agree that SF may preserve Content and may also disclose Content if
required to do so by law or in the good faith in the belief that such
preservation or disclosure is reasonably necessary to: (a) comply with
any legal process; (b) enforce the TAC; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of SF, its users and the public.
You understand
that the technical processing and transmission of the Listing, including
your Content, may involve: (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
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Liability and Indemnity
It is agreed
that as a Client of SF you will indemnify and hold harmless SF its directors,
employees and authorised officers and agents for the use of the Website
for any claim arising out of your conduct as the Client that is in breach
of these TAC that:
(a) Arises
from a failure on your part to maintain any adequate insurances or certificates
required by law;
(b) An inability
to make use of the SF Website;
(c) Breaches
any provision of the Trade Practices Act 1974 (Cth) or the Fair Trading
Act 1987 (NSW) or any other relevant law;
(d) Disparages,
defames, abuses, harasses, stalks, threatens or otherwise offends others;
(e) Links,
passes off, or otherwise connects the SF Website to any other Website,
ISP or ASP or other entity without the written consent of an authorised
officer of SF;
(f) Publishes,
distributes, e-mails, transmits or disseminates any material which is
unlawful, obscene, defamatory, indecent, offensive or inappropriate;
(g) Engages
in or promotes any surveys, chain letters, unsolicited e-mailing or spamming
via the Website without the written consent of an authorised officer of
SF;
(h) Arises
where the services provided by SF are precluded by any lawful reason including
injunction or any other court order;
(i) Impersonates
any person or entity; and
(j) Uploads,
posts, e-mails, transmits or otherwise makes available (using the Website)
any material that you do not have a right to make available under any
law or contractual obligation or which contain viruses, or other computer
codes, files or programs designed to interrupt, limit or destroy the functionality
of other computer software or hardware.
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Disclaimer
The Website
contains advertisements and information provided by third parties. There
may be technical inaccuracies, typographical or other errors, programming
bugs or computer viruses in the Website.
SF and its
contractors make no representations about the accuracy or suitability
of the information or links provided on the Website. The information is
provided ‘as is’, without express or implied warranty. You
use the information and links at your own risk. SF takes no responsibility
for the content of Internet sites that link from the SF Website. Except
as set out below, SF and their contractors exclude all:
(a) Warranties
whether express, implied, statutory or otherwise, relating in any way
to the Website or your use of the Website; and
(b) Liability
(including for negligence) to you or anyone else in respect of any loss
or damage (including special, indirect or consequential loss or damage
such as loss of revenue, unavailability of systems or loss of data) arising
from or in connection with any use of the information on or access through
the Website for any reason whatsoever.
Where any
statute implies any term into your use of or any arrangement arising out
of the accessing of the Website and that statute prohibits exclusion of
that term, then that term is included. If and to the extent permitted
by the statute, however, SF and their contractors’ liability for
any breach of such term is limited to the correction of error and the
resupply of services.
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Goods and Services Tax
SF is registered
for the GST. It is acknowledged by the Client that the costs of use of
the Website by the Client will incur GST. SF will deliver to the Client
a Tax Invoice for each supply in the form that complies with the GST Act
and the regulations under the GST Act.
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Governing Law
The governing
law for this Agreement and the TAC herein are the laws of the State of
New South Wales and the Commonwealth of Australia. To the extent that
any inconsistency exists between the State laws and the Commonwealth laws
it is acknowledged that the Commonwealth laws shall prevail.
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Technological Maintenance
It is a condition
of use that the Client maintain the appropriate software, hardware and
any other technological requirement at their own expense. It is also agreed
that SF is in no way responsible for the upkeep or provision of any software,
patch or any other technological requirement (including hardware) to enable
the Client to browse, review, update or otherwise use the Website.
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Representations Made Prior to this Agreement
The Client
acknowledges that they do not rely on any representations made prior to
the entering into of this Agreement and has not been induced by any prior
representations to enter into this Agreement. |