Terms of use
Wheredo-i.com Pty Ltd operates an online directory listing for Australian businesses and the like at www.wheredo-i.com.au.
Addition of your business to the service/directory is conditional upon your acceptance and compliance with these terms or use, any other specific conditions, notices and disclaimers contained in the website including the Privacy Policy. Please read these Terms of Use carefully.
1. We can amend these Terms of Use
We reserve the right to amend the Terms of Use at any time and from time to time. Any changes will become effective immediately upon posting to the service offered at www.wheredo-i.com.au, or on such later date as we may specify whether or not we give you specific notice of any particular change. Please be aware that your continued use of the service offer at www.wheredo-i.com.au will constitute acceptance of the revised Terms of Use you should regularly check for any changes.
2. By adding your business to our directory you agree that you will:-
2.1. Ensure that the data you post to the directory is accurate, complete, up to date, appropriate and relevant to your business/organisation
2.2. Comply with all relevant local and state laws and regulations and, where applicable, all national and international laws and regulation;
2.3. Respect our and other users rights including but not limited to the rights associated with the material available on or through the service offered at www.wheredo-i.com.au;
3. You also agree that you will NOT:-
3.1. Use the Directory for illegal or unethical purposes including but without limitation to posting to the site information encouraging conduct that would constitute a criminal offence; or behave in a way that can be considered deceptive, misleading or unethical.
3.2. Choose WhereWords which are in no way not associated with your business or the products/services they offer
3.3 Post to the service any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether remittable, registered or unregistered) or other rights of any person in any jurisdiction in the world;
3.4. Post to the service or have a link from our service to any website from that contains any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
3.5. Damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the website.
3.6. Post to the service any programs or executable files that can cause damage to the service and its operation
3.7. Use information collected from our service to facilitate spam/unwelcome e-mails.
3.8. Collect information from our site so it can be on-sold, leased/rented or given to any party.
4.Acknowledgments
By listing your business on our site you acknowledge that:-
4.1. We will not review the material you post or do we have any responsibility or control over the material that you post to the site, for this reason you must only upload material that is relevant to your business only, failure to do so can result in termination of your account and no refunds.
4.2. We are not responsible for the content or conduct of any site linked to or from the Website;
4.3. Although we strive to keep the site up and online at all times we cannot guarantee that this will be the case and there may be some times when the site is down and you must understand that outages of the site can occur.
5.Intellectual Property
5.1 By utilizing the service you agree that you will not acquire any Intellectual Property rights related to or concerning the use of the service offer at wheredo-i.com.au. All Intellectual Property rights shall remain ours only.
5.2 By adding information to our service you grant us a perpetual, unrestricted, world wide, royalty free license to use the information to:-
- Edit, reproduce,translate, publish as we see fit, make available to the public, redistribute by any medium, transfer, sublicense the material contained on the site at www.wheredo-i.com.au
-This grant includes the right to exploit all intellectual property rights in any such information or other material including but not limited to rights under copyright, trade mark or patent law in any jurisdiction in the world.
6.Our Rights
We reserve the right to:-
6.1.Refuse to post or to remove any information and/or materials (in whole or in part) that we, in our sole and absolute discretion, regard in any way objectionable or in violation of any applicable law or the Terms of Use without notice to you;
6.2. Modify or discontinue any services we offer at any time without notice or liability to you; and
6.3. Cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law or the Terms of Use.
7. Exclusion of Warranties
7.1. We do not warrant that the Service is error or fault free or that it will meet your requirements.
7.2.Except as otherwise expressly stated in these Terms of Use, we make no express or implied warranties to you and expressly exclude all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement, except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void.
8.Indemnity
8.1You must at all times indemnify us and our affiliates and anyone connected with the service offered at www.wheredo-i.com.au, from and against any loss, whether financial, physical or emotional that arise out of use of this service.
9 Limitation and Exclusion of Liability
To the extent permitted by law:-
9.1. Where the services we provide to you are subject to warranties or terms implied by statute, general law, international convention or custom which cannot be excluded, restricted or modified our liability for breach of any such condition or warranty will be limited to the supply of the services offered at www.wheredo-i.com.au.
9.2. We are not liable for any loss or damage (either financial, physical or emotional), whether arising in contract, negligence or otherwise arising out of or in connection with any use of the website at www.wheredo-i.com.au or information on or provided though it.
10.Termination
10.1 Listings can be terminated at our discretion. If your account is terminated you are no-longer allowed to add any information to the service and you will not be refunded any costs or compensated for any losses that arise as a result of your listing being terminated. Any licenses you granted to us and everything in the terms of use and privacy policy will stand.
10.2. The Terms of Use are effective until terminated by us, and we may terminate them and your right to post information and material to the service at any time without notice.
11. Circumstances beyond our reasonable control
11.1 Any situation where there is a failure or delay in the performance of our obligations that is due to circumstances that are beyond our reasonable control, will result in us not being liable for any loss/damages that may occur as a result.
12.Communication with users
12.1 If we seek to contact you about anything we may do so either by placing a notice on the website or by a direct e-mail in addition to any other mode of services that are legally allowable.
13.General Notes
13.1.Any provision of the Terms of Use that is invalid, voidable or unenforceable will be deleted and the remainder will continue to have full force and effect.
13. 2.You may not assign any of your rights or obligations under the Terms of Use without our prior written consent. We may assign our rights or obligations under the Terms of Use at any time without notice to you.
13.3.Headings in this Agreement are for convenience only and shall not be used to interpret this Agreement.
13.4.A waiver by us of a provision of or right under the Terms of Use is only binding on us if it is in writing and executed by us. In addition the waiver will only be effective in the specific instance and for the specific purpose for which it was given.
13.5.The Terms of Use are governed by the laws of each and every Australian State and Territory and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of the State or Territory where their business or listing originates.
13.6.All rights not expressly granted in the Terms of Use are reserved.
