Business Locate Conditions of Use
Welcome to Business Locate! The Business Locate Conditions of Use describe the legal framework in which you access and participate on Business Locate, what your rights and responsibilities are, and what you can expect from us. The Business Locate website is owned and operated by Business Locate Pty Ltd. The Business Locate website and Business Locate's services, which are provided through the website and may potentially also be provided through other mediums, are collectively referred to as "Business Locate", "us" or "we".
1. Eligibility to Use Business Locate
Use of Business Locate is only permitted providing you represent and warrant that (a) all registration information you submit is truthful and accurate, including that the email address you submit is one that you own and use; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or that you will use Business Locate only under the supervision of your parent or guardian who has agreed to these Conditions; and (d) that your use of Business Locate does not violate any applicable law or regulation.
You represent and warrant that you have the right, authority, and capacity to enter into these Conditions and to abide by all of the terms and conditions set forth herein.
2. Prohibited Activity
You agree that you shall not, nor shall you allow any third party to:
o modify, adapt, translate, or reverse engineer any portion of the Business Locate website and/or Business Locate service;
o remove any copyright, trademark or other proprietary rights notices on the Business Locate website or from other Business Locate materials;
o reformat or frame any portion of the web pages that are part of the Business Locate website;
o use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Business Locate website;
o transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
o interfere with the proper working of the Business Locate website or Business Locate service, including taking any action that imposes, or may impose in our sole discretion, an unreasonable load on our IT infrastructure;
o create user accounts by automated means or under false or fraudulent pretenses;
o create or transmit unwanted electronic communications such as "spam" to other Business Locate users or otherwise interfere with other users' enjoyment of the Business Locate website and/or Business Locate Service;
o copy or store any content offered on the Business Locate website or from Business Locate's services other than for your own use; or
o collect any information about other users for any purpose other than to improve Business Locate's content;
o Use Business Locate, intentionally or unintentionally, to violate any applicable law.
3. Your Business Locate Account
You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your Business Locate account, including interactions with other Business Locate users and/or businesses. If you use Business Locate on a computer that others may access, you should ensure that you log out from your account at the end of each session.
You must only register on Business Locate as a business if you are the business owner, or have express authority from the business owner to act on behalf of that business.
You can cancel your Business Locate account at any time by contacting Business Locate.
Business Locate reserves the right to refuse, block or cancel any account at its sole discretion.
5. Business Locate Content
Please take care when posting information and other content, including text, data, photos, audio, video, and other materials (hereafter referred to as "User Content"), to Business Locate as some content may be prohibited (see next section). Despite this prohibition, Business Locate does not control User Content, which may include content relating to ratings, reviews, business information, messages, special offers, member profiles, fundraisers and advice forum entries, and Business Locate does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using Business Locate, you may be exposed to content that is offensive, or in some way objectionable. You agree that you must evaluate and bear all risks associated with the use of Business Locate content, including any reliance on the content, integrity, and accuracy of such content. If you find content that you believe is inappropriate, incorrect, or in some way suspect, please notify Business Locate either by flagging this content (using the tick boxes on the site), or by emailing us using the Contact Us page.
Business Locate may, at its sole discretion, remove any User Content that it deems to be in violation of these Conditions, or which may be offensive, illegal, or violates the rights, or threatens the safety of any person. However, Business Locate assumes no responsibility for monitoring the Business Locate website for inappropriate content or conduct, and has no obligation to remove such content, and Business Locate assumes no responsibility for content submitted by users.
You are solely responsible for any User Content that you submit, publish or display on Business Locate, or transmit to other members and/or other website users. You agree to only post User Content that you reasonably believe to be true and agree not to purposely provide false or misleading information. User Content is not necessarily reviewed by Business Locate and as such may not reflect the policies or opinions of Business Locate. User Content is not endorsed by Business Locate and Business Locate makes no warranties, express or implied, as to the accuracy, integrity or quality of such content.
You also understand and agree that Business Locate may review and delete any User Content, including business listings, reviews, member profiles, fundraisers, special offers, and advice forum entries, that in the sole judgment of Business Locate violates these Conditions or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of Business Locate, such activity is solely between you and the applicable third party. Business Locate has no liability, obligation or responsibility for any such activity and you hereby release Business Locate from all claims arising from such activity.
Your use of Business Locate may include links to, or otherwise direct you to, websites operated by third parties. Business Locate does not endorse, nor is Business Locate affiliated with these third party websites and we are not responsible for any content that appears on these websites. (Those third party websites also do not endorse Business Locate.)
6. Content Prohibited on Business Locate
The following is a partial list of the kind of content and communications that is prohibited on Business Locate. Business Locate reserves the right to investigate and take appropriate action in its sole discretion against anyone who violates this provision, including removing the offending communication from Business Locate and terminating the membership of such violators and/or blocking the use of the Business Locate website and/or Business Locate service.
You may not post content that:
o contains any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such rights;
o infringes, misappropriates, or violates the intellectual property, privacy or other rights of any party;
o is false or intentionally misleading;
o is threatening, obscene, defamatory or libelous, including the use of inflammatory comments, generalisations, or unfounded criticism;
o is patently offensive to users of Business Locate, such as Content that promotes racism, prejudice, hatred or physical harm of any kind against a group or individual;
o harasses or advocates harassment of another person;
o contains nudity, violence, or offensive subject matter or contains a link to other websites containing this type of content;
o promotes illegal activities or conduct that is abusive;
o links to another business directory, rating, or review website;
o includes a photograph of another person without having gained that person's consent; or
o falsely expresses or implies that the content represents, is endorsed or sponsored by Business Locate.
You should also review Business Locate's Fair Play Policy.
7. Cancellations and Refunds
As Business Locate have no lock-in contracts for its subscriptions, any cancellations must be made 30 days prior to the renewal date which is 12 months from signup date and can be viewed via your account settings.
You acknowledge and agree that as a term and condition of using the Website, any fees incurred in accordance with our fee schedule are non-refundable.
If we find your account is in poor standing or there has been abuse reported against your account, we may refuse any refund request.
In any other case refunds will only be given at the absolute discretion of Business Locate.
In the event that a refund request is granted, there will be a 10% transaction fee applied to the original amount refundable.
8. Copyright and Intellectual Property
When you publish User Content on Business Locate, you retain the ownership rights to this content, while you also agree to and hereby grant Business Locate a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, and fully assignable license to use, reproduce, adapt, modify, translate, publish, create derivative works from, distribute, and display this content through the world in any media. You grant Business Locate and its affiliates the right to use your Display Name, suburb and any photo you upload in connection with such Content. This license is non-exclusive, except you agree that Business Locate shall have the exclusive right to practice this license to the extent of combining your User Content with the User Content of other Business Locate users for the purposes of constructing or populating a database of ratings/reviews.
Subject to the restrictions on use and on posting User Content as set forth in these Conditions, you may use Business Locate to submit, find, read and share reviews and download or copy portions of the content on Business Locate for your own use, and forward reviews, business listings and links to the Business Locate website to people you know, and invite others to join Business Locate.
All content on Business Locate, including, but not limited to, text, photographs, graphics, audio, and video content, as well as the website itself, is protected by copyright. Except for the content submitted users, Business Locate and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is the property of Business Locate Pty Ltd. With the exception of content that you have posted and therefore retain ownership rights over, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, or materials available on the Business Locate website or any other Business Locate materials, in whole or in part except as expressly provided in these Conditions or with written permission from Business Locate.
Business Locate and the Business Locate Logo, are trademarks of Business Locate Pty Ltd. These must not be used without the prior, written consent from Business Locate.
The Business Locate website and Business Locate service is provided by Business Locate on an "as is" basis. We do not promise or warrant that any aspect of the Business Locate website or Business Locate services will work properly, or will be continuously available. Business Locate, its licensors and affiliates, do not warrant the accuracy or completeness of any information, text, graphics, links or other items contained on Business Locate. Business Locate is not responsible for the conduct of any Business Locate user. Any material or content downloaded or otherwise obtained through Business Locate is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any user from Business Locate shall create any warranty not expressly stated herein. To the fullest extent permissible by law, Business Locate, its licensors and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability, fitness for purpose, or non-infringement.
11. Limitation of Liability
In no event shall Business Locate, its parents, subsidiaries, shareholders, officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss), whether based on breach of contract, tort (however arising, including negligence), product liability, or otherwise, arising out of, or in connection with, the use of, or inability to use Business Locate. Notwithstanding anything to the contrary contained herein, you specifically agree that Business Locate's maximum total liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) The amount paid, if any, by you to Business Locate for Business Locate's services in the 12 months prior to the action giving rise to liability, or (ii) AUD$100.
You agree to indemnify and hold Business Locate, its parents, subsidiaries, shareholders, officers, directors, employees, agents and affiliates, harmless, including legal costs, from any claim or demand made by any third party due to or arising out of (i) your access to Business Locate, (ii) your use of Business Locate services, (iii) the violation of these Conditions by you, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
13. Applicable Law
These Conditions, and your dealings with Business Locate, are subject to the state laws of Western Australia, Australia, and the laws of the Commonwealth of Australia as applicable. You agree to submit to the jurisdiction of courts sitting in the State of Western Australia for all purposes. Sole and exclusive venue for any dispute arising under or relating to this agreement shall be in a court sitting in Perth, Western Australia.
Business Locate is administered in Australia and intended for Australian users. Any use outside of Australia is at the user's own risk and users are responsible for compliance with any additional local laws applicable to their use of the Business Locate website or services.
14. Changes to the Conditions
From time to time, we may need to change these Conditions to reflect our changing business (or if required by law, or for security, technical or other reasons). You agree and understand that these Conditions, the Business Locate website and any aspect of Business Locate's services may be modified by Business Locate at any time without prior notice, and such modifications will be effective upon Business Locate's posting of the new Conditions and/or upon implementation of the changes on Business Locate. You agree to review the Conditions periodically so that you are aware of any modifications. Your continued use of Business Locate after any modifications indicates your acceptance of the modified Conditions. Unless expressly stated otherwise by Business Locate, any new features, new services, enhancements or modifications to Business Locate implemented after your initial access shall be subject to these Conditions.
These Conditions, accepted upon use of the Business Locate website and/or Business Locate services, and all terms, guidelines and rules referenced herein, contain the entire agreement between you and Business Locate regarding the Business Locate website and/or Business Locate services. The failure of Business Locate to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision. If any provision of these Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Conditions shall otherwise remain in fully enforceable. These Conditions are not assignable, transferable or sub-licensable except with Business Locate's prior written consent. The section titles in these Conditions are for convenience only and have no legal or contractual effect.