Terms of Use & Disclaimer

1. Interpretation

 

For this Terms of Use, the below list includes all of the interpretations for the current Terms of Use:

• "Business List SA" ("Us") means a product provided by Affordable Website Design Agency, a trading name of ITN LAB, ABN: 48 646 899 533;
• "Subscriber", "Customer", "Customers" means person, persons or company/business who is (are) agreeing to use our services and/or products (whose name will go on the invoice or any other document produced in relation to this agreement), or acts on behalf of that person, persons or company;
• "Our Products", "Our Services" mean all the products and services supplied by Us to the Buyer in accordance with the Terms of Use;
• "Service Delivery" means an instance, at which we supply Customer with Our Services;
• "Content" means all of the material (written text, pictures, videos, documents and scripts) provided to Us by the Customer or uploaded through our services onto the website by Customer or anyone acting on behalf of Customer;
• "Ongoing Fees" mean ongoing payments for the services, paid monthly, quarterly or yearly through the online payment system or by paying an invoice (invoice has to be ordered by contacting us)

2. Service Cancellation

Our services may be cancelled at any time by contacting us on our Contact Us page.

 

3.  Your access/use implies an agreement

By accessing or using the Site, including any premium services or other services we offer you from time to time, you accept the Terms of Use. If you do not agree to the Terms of Use, you must not access or use the Site.

 

4. Changes to Terms of Use

We may change our Terms of Use at any time by publishing those changes on the Site. Your continued use of the Site after any changes to our Terms of Use have been made and published indicates your acceptance of those changes.

 

5. Eligibility

You are only eligible to access and use the Site if you are over the age of 18.

 

6. Passwords

You must keep your username and/or password for the Site confidential and free from unauthorised use.

 

7. Local Business information

We publish data and information about Local Businesses on our Site.

 

We make no representations or warranties about the truth, accuracy, completeness, security or currency of the content or information contained on our Site (Our Content), including the competence, character or identity of any Local Businesses listed on the Site. 

 

8. Access to our website

You are allowed to view, use, copy, and distribute the Materials found on our site for internal, non-commercial and informational purposes only. However, you are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to our site. You may not use our site or any of our related websites to compile a collection of listings, including but not limited to a competing listing product or service. 

 

9. Submission of Content

You acknowledge that all content (including text, images and any other data) submitted to or through us (whether this be via email, comment form, blog, enquiry, posting of review or recommendation or by any other means) (Your Content) will not be considered confidential or proprietary and we are under no obligation to keep such information confidential.

 

You must not submit information that:

• you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
• publicly reveals your identity or sensitive or confidential personal information about yourself or others such as an email address, phone number or address; and
• would infringe the intellectual property rights of third parties.

By submitting Your Content through the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium and for any purpose, including commercial purposes, and to authorise others to do so. 

 

10. Use of Content

 

Your Content may be seen and used by other Users and Local Businesses. We are not responsible for misuse or misappropriation of any of Your Content.
You must not submit Content or use the Site in any manner or for any purpose that is illegal or prohibited by any laws that apply to you or violate our rights in any way or is otherwise prohibited by our Terms of Use.
 
We do not endorse, support, sanction, encourage, verify or agree with Your Content, including without limitation the comments, opinions, or statements posted or otherwise contained on the Site.
 
We reserve the right but have no obligation to amend, supplement, delete or update Our Content and Your Content without notice to you and at our sole discretion. However, if we become aware of any defamatory, misleading, false or offensive material in Your Content, we will remove such material. 

 

 

11. Local Business Listings

If you are a Local Business, you acknowledge by submitting or claiming a business listing to the Site (Listing) that:

• you are a director of the company, the business owner, or have authority to speak directly on behalf of the company director or business owner;
• all information you submit is correct, accurate to the best of your knowledge and that you agree to its publication without conditions;
• you will be held responsible for the accuracy of all data that you submit;
• you are the rightful and legal owner of any trade mark, logo or other insignia that you provide for publishing on the Site; and
• you are legally responsible for everything the you submit and indemnify us against any claim in law, equity or otherwise which may arise from you posting any content on to the Site.

A Local Business may request removal of the Listing at any time.

 

12. Submission of Recommendation and Review

You acknowledge and agree that the recommendation, review and ratings is in place for Users to inform other Users about the experiences Users have had with a Local Business.

 

By submitting a Rating, Users acknowledge and agree to the following:

• that everything the User posts in the Rating is true and accurate to the best of the User's honest knowledge and belief;
• that the User has been a customer of the Local Business for which the User is submitting a Rating and the User has no connection (other than a customer-business relationship) to the owner or any employee of the Local Business or any trade competitor of that business;
• that the User's Rating may, or may not, affect a Local Businesses rating;
• that the User may submit as many Ratings as the User wishes, but the User may only submit one Rating for each Local Business during a 6 month period;
• that the User is legally responsible for everything the User submits and indemnifies us against any claim in law, equity or otherwise which may arise from the posting of the User's Rating on the Site; and
• that the User must not identify the name of any employee or agent of the Local Business.

 

13. Payment for Premium Services

If you purchase any services that we offer for a fee, either on a one-off or subscription basis (Premium Services) you agree to pay the applicable fees, as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.

 

Your obligation to pay fees continues through to the date you cancel your subscription to the Premium Services.

 

All fees and charges are non-refundable and there are no refunds or credits for partially used periods.

 

You acknowledge that our Premium Services are subject to our Terms of Use and any additional terms provided to you when you apply for a Premium Service. 

 

14. Copyright Policy

Business List SA asks Customers to respect intellectual property rights. If you think that material provided by our Customers within our services is violating any form of copyright policy, we ask you to notify us immediately. Business List SA will respond to all such notices, including as required if appropriate removing the infringing material or disabling all links to the infringing material. In the case of such termination, Business List SA will have no obligation to provide a refund of any amounts previously paid to Business List SA.

 

15. Intellectual Property

All server-side software provided by Business List SA is leased to the Customer and remain the property of Business List SA and/or its suppliers. Business List SA reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.

The Customer cannot transfer the website to another hosting provider or use our software on other servers without our permission.

 

16. Service Levels

Business List SA may interrupt service to perform maintenance. Business List SA will use its best efforts to inform the Customer before interrupting service to insure that access loss is minimised. In the event of software or equipment malfunction or failure, Business List SA will provide its best efforts to repair the system as quickly as possible.

In the event that Business List SA suspects that server security has been breached, Business List SA reserves the right to disable the server and/or the account of Customer in order to facilitate investigation and recovery in coordination with Customer.

Customer agrees that Business List SA shall not be responsible for any service interruptions.

 

17. Changes

Business List SA is constantly updating our services, and that means that sometimes we have to change the legal terms under which our services are offered

 

18. Termination

Business List SA may terminate access to all or any part of the website within our services at any time, with or without cause, with or without notice, effective immediately.

 

Our services may be cancelled at any time by contacting us at our Contact Us page

 

All provisions of this Terms of Service document which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

19. Force Majeure

Business List SA is not responsible for any breach of this document of Terms of Service if Business List SA is unable to complete our services or any portion thereof due to: fire, earthquake, labor dispute, act of God, death, illness or incapacity of Business List SA or any local, state, federal, national or international law, governmental order or regulation or any other event beyond the control of Business List SA.

 

 

20. NO WARRANTIES RELATED TO WEB HOSTING SERVICES

20.01. Business List SA'S WEB HOSTING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Business List SA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

20.02. Business List SA MAKES NO WARRANTY THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THAT, SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Business List SA SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 YOU FROM Business List SA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Business List SA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Business List SA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM Business List SA; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.