PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE.

TERMS OF SERVICE

1.          GENERAL

1.1       These Terms of Service (the Terms) govern your use of our website located at www.onlineprospects.com.au(the Site) and form a binding contractual agreement between you, the user of the Site and us, Online Prospects ABN 83 694 517 170 (Online Prospects). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.

1.2       By completing the registration process and using the Services, or by viewing or browsing the Site, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.

1.3       If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered on the Site.

2.          DEFINITIONS

In these Terms:

Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Online Prospects to you.

Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

Personal Information means all information provided by the User by Online Prospects in connection with these Terms where such information is identified as confidential at the time of its disclosure or ought to be reasonably considered confidential based on its content, nature or the manner of its disclosure, but excluding:

(a)         information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement; and

(b)        information developed independently by a party.

Services means the online Australian businesses directory services provided by Online Prospects through the Site. This includes Services currently offered by Online Prospects and any Services or products that Online Prospects may choose to offer in the future.

Site means www.onlineprospects.com.au.

Terms means these terms and conditions of use and the documents referred to on it.

User Generated Content means any and all data, text, software, images, audio or video material and other content in any medium produced and provided on the Site by a User.

User means a person who gains access to the Site and/or uses the Services through registration or otherwise.

You means you, the User.

Us, We, Our means Online Prospects ABN 83 694 517 170.

3.          ACCESSING THE SITE

3.1       You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such down times.

3.2        All content and services provided on or through this site are provided “as is” and “as available” for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this site is solely at your risk.

3.3       We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.

4.          REGISTRATION INFORMATION AND PASSWORDS

4.1       By registering to the Site, you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate.

4.2       During the registration process, you will be asked to select a password for your User account. You agree to keep your password confidential at all times and must not disclose it to any third parties. You agree to be fully responsible for activities that relate to your User account or your password. If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your User account.

4.3       Only businesses geographically located in Australia are allowed on the Site. The Site is intended for use as an online Australian businesses directory. You will be requested to verify that your business is located in Australia during the registration process.

4.4       As part of the registration process, you will undergo the Online Prospects Verification process:

(a)         upon registration of the new business listing, we will contact the phone number provided and confirm business details verbally with the business representative to ensure that all details are entered correctly on the Site.

(b)         All business listings that have been verified through this process will be marked on the Site with a green badge stating “Online Prospects Verified Listing” along with the date on which the Online Prospects Verification process was completed.

4.5       All information we obtain about you in connection with the registration process and your subsequent use of the Site and Services is subject to [PRIVACY POLICY].

5.          DISCLAIMER

5.1       This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortuous behavior, negligence or any other cause of action.

5.2       We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the Content contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Site or the Services.

6.          THIRD PARTY WEBSITES

6.1       The Services may link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by Online Prospects. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those sites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

6.2       We make no representation about any other website you access through this one.  Please understand other websites are independent from our sites so we do not accept responsibility for such websites.

7.          INTELLECTUAL PROPERTY

7.1       Our Intellectual Property

(a)         Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

(b)         We own and retain all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property rights, excluding User Generated Content. You are permitted to use the Services only as authorized by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, play, and download Content or User Generated Content subject to these Terms.

(c)         Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

(d)         You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

7.2       User Generated Content

(a)         You must not add any User Generated Content to the Site:

(i)          unless you hold all necessary rights, licences and consents to do so;

(ii)        that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(iii)       that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(iv)       that is unsolicited, undisclosed or unauthorized advertising;

(v)         that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(vi)       that would bring us, or the Site, into disrepute; or

(vii)      that infringes the Intellectual Property or other rights of any person.

(b)         You agree to keep all records necessary to establish that your User Generated Content does not violate any of the requirements under clause 7.2(a) and make such records available upon our reasonable request.

(c)         You retain ownership of your Intellectual Property and proprietary rights in any User Generated Content. These Terms do not prevent you front granting non-exclusive rights to use your User Generated Content to others.

(d)         We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site or using the Services. We reserve the right to modify or remove any User Generated Content at any time.

(e)         You hereby grant Online Prospects a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to User Generated Content worldwide or to incorporate User Generated Content in other works in any media now known or later developed for the full term of rights that may exist in User Generated Content.

8.          LIMITATION OF LIABILITY AND INDEMNITY

8.1       You agree that we shall not be liable for any damages suffered as a result of using, copying, distributing, or downloading Content from the Site.

8.2       In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

8.3       Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by Users or third parties, are those of the respective author(s) or distributor(s) and not of Online Prospects. We do not endorse any of the Users, and expressly disclaim any and all liability in connection with them. We do not pre-screen or monitor User Generated Content. With respect to the Online Prospects Verification, we cannot guarantee that such verbal verification process eliminates all risks and we are not liable for any misleading statements provided by a User during the Online Prospects Verification. In no event shall we be liable for any claims by a third party pursuant to any consumer and competition law, such as the Competition and Consumer Act 2010, including, but not limited, to any misleading statements made and/or incorporated into any User Generated Content. It is your sole responsibility to ensure the accuracy of the data inputted and any other User Generated Content.

8.4       You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.

8.5       Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

8.6       As a condition of your access to and use of the Site, you agree to indemnify Online Prospects and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

(a)         Your access to and use of the Site and Content; and

(b)         Your violation of these Terms and any applicable law or the rights of another person or party.

9.          TERMINATION

9.1       You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your registration, or suspend or block your access to the Site and Services.

9.2       We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

9.3       If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

10.       NOTICE

10.1    By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.

10.2    You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

10.3    Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:

(a)         For letters, the letter was properly addressed, stamped and placed in the post; and

(b)         For emails, the email was sent to the specified email address.

11.       NO WAIVER

11.1    If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.

11.2    If we waive a default, it does not constitute a waiver of any subsequent defaults.

11.3    No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 10.

12.       FORCE MAJEURE

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:

(a)         Acts of god;

(b)         Natural disasters;

(c)         Sabotage;

(d)         Accident;

(e)         Riot;

(f)          Shortage of supplies, equipment, and materials;

(g)         Strikes and lockouts;

(h)         Civil unrest;

(i)          Computer hacking; or

(j)          Malicious damage.

13.       SEVERABILITY

If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.

14.       ENTIRE AGREEMENT

14.1    These Terms, and the documents expressly referred to in them, constitute the entire Agreement between you and Online Prospects, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.

14.2    We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

15.       GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of the State of Queensland, Australia.

16.       UPDATES TO THESE TERMS

16.1    We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.

16.2    Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.

16.3    We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.

16.4    It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site and Services. Your continued use of the Site and Services will be deemed as your acceptance thereof.

16.5    We may assign or sublicense any of our rights or obligations under these terms and conditions at any time, without obtaining your consent.

Terms last updated on: 16 October 2021