Terms and Conditions
1 Application of these Terms and Conditions
The Webfind Website www.webfind.com.au (“Website”) is owned by Niwi Pty. Ltd. trading as ‘webfind.com.au’ (“webfind.com.au”). The use of the Website is subject to these Terms and Conditions (“TAC”)
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 webfind.com.au. 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 Niwi Pty. Ltd.
webfind.com.au currently provides Clients only 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 webfind.com.au listings, shall be subject to these TAC. You understand and agree that the Listing is provided “AS-IS” and that webfind.com.au 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. webfind.com.au 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 webfind.com.au 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 webfind.com.au. You access TPW completely at your own risk.
5 Third Party Content
The Website contains content provided to webfind.com.au by other parties (“TPC”). webfind.com.au 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 webfind.com.au or submitted to webfind.com.au by webfind.com.au 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, webfind.com.au 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.
6 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 webfind.com.au believes that information provided is not true, current and accurate, webfind.com.au has the right to suspend or terminate your subscription to the Listing and refuse any and all current or future use of the Listing.
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 webfind.com.au, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Listing.
webfind.com.au 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 webfind.com.au 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 (webfind.com.au 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 webfind.com.au 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 webfind.com.au does not have a practice of monitoring content associated with Listings, but that webfind.com.au and its agents and 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 webfind.com.au 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 webfind.com.au, 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.
You acknowledge and accept that, as a condition of registering for a Website listing, webfind.com.au reserves the right to freely advertise to and otherwise make available promotional material to all registered site users. Such materials are subject to change and alteration.
You acknowlegde that, as a Client you are an employee or owner of the company or business contained in the Listing.
You are required to supply an Australian Business Number (ABN) for any business listings entered on the Site
7 Liability and Indemnity
It is agreed that as a Client of webfind.com.au you will indemnify and hold harmless webfind.com.au its owners, 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 webfind.com.au 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 webfind.com.au Website to any other Website, ISP or ASP or other entity without the written consent of an authorised officer of webfind.com.au;
(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 webfind.com.au;
(h) Arises where the services provided by webfind.com.au 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.
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.
webfind.com.au 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. webfind.com.au takes no responsibility for the content of Internet sites that link from the webfind.com.au Website. Except as set out below, webfind.com.au 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 accessed 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, webfind.com.au and their contractors’ liability for any breach of such term is limited to the correction of error and the resupply of services.
9 Goods and Services Tax
webfind.com.au is registered for the GST. It is acknowledged by the Client that any costs of use of the Website by the Client will incur GST. webfind.com.au 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.
10 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.
11 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 webfind.com.au 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.
12 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.