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Terms and Conditions

Terms and Conditions

To register and/or interact with FINDAPART, and any of it’s Divisions including but not limited to its websites  findapart.com.au, directory.findapart.com.au, classifieds.findapart.com.au, you must agree with the Terms and Conditions of Use Agreement below.

Use of the Site will be taken by FINDAPART as agreement by the User of the Terms and Conditions set out below.

1. General

1.1. This agreement is made between you (“Your”) as the user (“User”) and TRICKMedia trading as FINDAPART and constitutes the terms and conditions in respect of your access to the FINDAPART web site (“the Site”) and any of its sites and the use of information and listings (“the Services”) available to users of the Site. Any use of this Site as a registered User will constitute acceptance of these Terms and Conditions.

About these Terms

In this Agreement:

Content means all content posted by You onto FINDAPART including, without limitation, all text, graphics, icons, photographs and URLs.

Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.

Business Listing means a business listing in the Database. A Business Listing may contain information about the listed business, for example, contact details.

Database means the national database of Business Listings which is collected by FINDAPART and made accessible to the public via the online business directory on FINDAPART.

Please read the following terms and conditions, as amended from time to time, (the “Terms of Use”), carefully. These Terms of Use govern the use of this Website (“Website” means the whole or any part of the web pages located at http://www.directory.findapart.com.au and include the layout of this Website; individual elements of the Website design; underlying code elements of this Website; or text, sounds, graphics, animated elements or any other content of this Website) and any transactions conducted on and/or through the Website.

As you browse through the Website you may access other websites which are subject to different terms of use. When using these sites, you will be bound by the terms and conditions posted on these sites.

You should also refer to our Privacy Policy.

If you have any questions regarding these Terms, please contact us for more information.

Interpretation

In these Terms of Use:
“FINDAPART” stands for Findapart Business Directory, Findapart Parts Locator or Findapart Classifieds and includes any of the partners and employees of Findapart or any of its associated entities or any other person contributing to this Website;
“We” and “us” refer to FINDAPART, and “our” has a similar meaning; and
“You”, “your” and “yours” are references to the person(s) accessing the Website and/or who are subscribers to the services offered on and/or through the Website.

Acknowledgment and Acceptance of Terms of Use

This Website is owned and operated by FINDAPART. All our products and services and those of associated and/or related entities are subject to the terms and conditions and disclaimers of the applicable agreement governing their use. These Terms of Use are to be read by you together with such other terms, conditions and disclaimers. In the event of any conflict, the terms, conditions and disclaimers applicable to specific products or services shall prevail over these Terms of Use.

By using this Website, whether browsing or opening an application, you acknowledge that you have read and understood the Terms of Use and agree to be bound by them.

We may change these Terms of Use and any other information and/or material provided in the pages of the Website at any time without notice. Any amendment will be effective immediately. Your use of this Website after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms of Use. Accordingly, you should read these Terms of Use from time to time for changes.

No Offer or Advice

The material on this Website contains general information about businesses, products and services. Unless expressly stated otherwise this information does not constitute an offer or inducement to enter into a legally binding contract and does not form part of the terms and conditions for such products and services.

The information is not intended to be taken as advice and does not take into account any person’s individual requirements and circumstances.

General Disclaimer

To the extent permitted by law FINDAPART will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or websites of other entities which are hyperlinked from this Website (“Linked Website”).

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Specific Warnings and Disclaimers

The information contained in this Website is provided by us in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website. FINDAPART makes no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that the Website will be uninterrupted or error free. You should not act on the basis of anything contained on this Website without first obtaining specific professional advice. The information on this Website is not comprehensive and is intended only to provide a summary of the subject matter covered. You must make your own assessment of it and rely on it wholly at your own risk.

Unless otherwise stated or agreed with you, the information on this Website has been prepared in accordance with Australian law for residents of Australia and for the supply of products or services in Australia. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this Website, it is not directed to you.

All legal content contained on this Website relates only to the laws of Australia, unless specifically stated otherwise. The laws of Australia may be different from your laws.

We do not represent or warrant that the Website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Website.

You have sole responsibility for adequate protection and back up of data and/or equipment and to undertake reasonable and appropriate precautions to scan for computer viruses or other destructive properties. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

The use of the Website is at your sole risk. We shall not be liable for any losses or damages or expenses (including legal costs) whatsoever arising out of or referable to materials on the Website or accessed through the Website, even if we have been advised of the possibility of such damage.

We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website.

We may, from time to time, change or add to this Website without notice. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.

To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.

Classifieds Listing

You may use FINDAPART to add, amend and/or update a Classifieds Ad Listing, solely on the terms and conditions of this Agreement.

All Content must:

(a) be complete and accurate;
(b) be supplied in the manner and format specified on FINDAPART or as otherwise directed by FINDAPART;
(c) not be of a nature likely to bring FINDAPART into disrepute; and
(d) comply with all laws, regulations, standards and relevant industry codes.

You must not:

(a) use FINDAPART to post Content for a Classified Ad that is not located in Australia;
(b) use FINDAPART to add or amend a Classified Listing where You do not have the express authorisation of the owner/user to do so;
(c) upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;
(d) upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Accessible Content;
(e) infringe the intellectual property rights of others; or
(f) breach a law including, without limitation, any law that restricts advertising of a profession.

If any of the information in the Business Listing for Your business changes, becomes out of date, or no longer complies with this Agreement, You must:

(a) immediately amend Your CLassified Listing so that it complies with this Agreement; and/or
(b) immediately notify FINDAPART.

You acknowledge and agree that by posting content onto FINDAPART You consent to being contacted (on an ongoing basis) via any of the contact details contained in that content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from FINDAPART or any FINDAPART authorised third party.

Copyright

This Website is our Copyright property. All rights are reserved.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar statutes that apply in your location, you may not, in any form or by any means:
adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or commercialise any information, products or services obtained from any part of this Website without our written permission.

Intellectual Property Rights

FINDAPART and the Database are owned and operated by FINDAPART. You acknowledge and agree that all intellectual property rights comprised in or relating to FINDAPART and the Database belong to FINDAPART or our licensors, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.

You may download and view content and/or print a copy of material on FINDAPART for Your own use only, provided You do not:

(a) modify the content (including, without limitation, any copyright notice) in any way;
(b) make the content public; or
(c) use the content in a manner or for a purpose prohibited by this Agreement.

You must not do anything which breaches or otherwise interferes with FINDAPART’s intellectual property rights. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on FINDAPART without our written permission and, if required, payment of a specified fee. Requests to reproduce any content may be made via the website feedback form.

We may publish and communicate to the public any Content. By posting Content onto FINDAPART, You grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to:

(a) reproduce, modify, add to, use, copy, publish, communicate and adapt the Content for any purpose and in any manner anywhere in the world, including (without limitation) on FINDAPART and as part of the Database; and
(b) permit any other person to do any of the things referred to in paragraph (a), (Licence).

You must waive, and must ensure that all other persons waive, absolutely and irrevocably all moral rights in relation to any Content. For the purposes of this clause 3.5, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that moral right.

For the avoidance of doubt, You acknowledge and agree that:

(a) the Licence includes a right for us to:

(i) make the Content available to other companies, organisations or individuals with whom we have a relationship for the provision of services and to use such Content in the provision of those services;
(ii) make the Content available to the public via any website or as part of any services or products in any jurisdiction;

(b) we will allow FINDAPART users to search Content You have posted; and
(c) You will do everything necessary (including without limitation, on request, execution of any documents) to give FINDAPART the full benefit of the licences, waivers and consents set out in this clause 3.

The Licence will survive any termination of this Agreement.

Your use of some Third Party Content (including, without limitation, third party websites linked to FINDAPART) may be subject to a third party’s terms and conditions of use. Nothing in this Agreement (or otherwise on FINDAPART) constitutes a licence or right for You to use such content.

Trade Marks

All trade names, trade marks, service marks and other product and service names and logos (the “Marks”) displayed on the Website are proprietary to their respective owners and are protected by applicable trade mark and copy right laws. These Marks may be registered or unregistered marks of FINDAPART or others.

Nothing contained on the Website should be construed as granting any licence or right of use of any other person or entities trade mark which is displayed on this Website without their express permission.

If you use any of our trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive; and
in a manner that disparages us or our information, products or services (including this Website).

Third Party/Linked Web Sites

This Website may contain links to Third Party/Linked Websites. Those links are provided for convenience only and may not remain current or be maintained.

Links to those Third Party/Linked Websites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of the Sites, or for any information, products or services referred to on those Other Websites. Your use of any link to a Third Party/Linked Website is entirely at your own risk.

Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software.

Unless stated otherwise on this Website, we have:

no relationship with the owners or operators of those Third Party/Linked Websites; and
no control over or rights in those Third Party/Linked Websites.

Warranties

You represent and warrant to FINDAPART that:

(a) You are fully authorised to publish and to authorise FINDAPART to publish all Content (including, without limitation, having full authorisation from any business whose Business Listing You add, amend or update);
(b) You are at least 18 years of age and have the legal capacity to enter this Agreement;
(c) publication of Accessible Content in accordance with this Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
(d) You have the ability to grant the Licence;
(e) all Accessible Content will, at all times, comply with all applicable laws, regulations and relevant industry codes;
(f) all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised;
(g) the Accessible Content does not, and will not at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
(h) You have obtained the consent of all individuals whose personal information is included in the Content to:

(i) the collection of that personal information by FINDAPART; and
(ii) the use and disclosure of that personal information in accordance with the FINDAPART Online Privacy Policy;

(i) all Accessible Content will be current and accurate, and will not mislead or deceive end users of FINDAPART; and
(j) each website represented by any URL shown or embedded in the Business Listing for Your business:

(i) is controlled and operated by Your business or its independent contractor;
(ii) will be functional and accessible at all times; and
(iii) is suitable in all respects, including (without limitation) subject matter, to be linked to FINDAPART.

Cookies

“Cookies” are a standard method for storing small pieces of data on a web client (ie the web browser on your computer). Any Web server (including this one) may:

store one or more cookies in your browser; or
request your browser to transmit the data to the Web server.

This Website may store cookies on your Web client in order to better serve you upon your subsequent visits to this Website.

By using cookies, Websites can track information about visitors’ usage of the site, provide customised content, or even the use of password protection. Note that some browsers can be configured to allow cookies to be accessed by servers other than the originating server.

Please note that most Web browsers can also be configured to notify the user when a cookie is received, allowing you to either accept or reject it. For further information about working with cookies, please consult the documentation for or the manufacturer of the web browser which you are using.

Users

You agree not to attempt to transfer any material of any kind to this Website which contains a virus, malicious computer code or any harmful component and not to otherwise attempt to alter the content of the Website. You agree that you are wholly responsible for use of the Website by any person using your computer and you agree to ensure that any such person complies with these Terms of Use. You agree to immediately notify FINDAPART of any unauthorised use of your e-mail address, login information or any other breach of security.

Pricing

All figures displayed on this Website relating to fees, charges, interest and any other amounts are in Australian dollars and are current at the time of issue, but may change at any time.

Moving on

By moving to any other part of this Website you agree that you have read, considered and understood these Terms of Use and will be bound by them. You agree to regularly check the contents of these Terms of Use for amendments, and will carefully read the terms, conditions and disclaimers provided at other parts of this Website.

Termination

These terms of use and your access to the Website may be terminated at any time by FINDAPART without notice. All restrictions, disclaimers and limitations of liability by FINDAPART will survive termination.

Applicable Laws

These Terms of Use are governed by, and are to be construed in accordance with, the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this Website.

If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect.

FINDAPART reserves any rights not expressly granted in these Terms.

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