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Terms Of Service:

Searchzone Service Terms and Conditions Date: 16 September 2009 These are the standard terms and conditions of your use of the Melbourne IT "Searchzone" Basic, Standard, Deluxe or Premium directory listing services (collectively the "Services") offered by Melbourne IT on www.searchzone.com.au ("Website"). Each of these individual Services are described on the Website. Unless otherwise specified in any section, these Terms and Conditions apply to each and all Services. Please read these terms and conditions carefully. It is a condition of your use of the Services that you ("you") comply with these terms and conditions. If you agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button or checking the box at the bottom of this document. 1. Terms and Amendment Procedure 1.1 This agreement comprises: (a) the terms and conditions of this agreement; (b) the Acceptable Use Policy and the Privacy Policy (as each is respectively referred to in clause 4); (c) any additional terms and conditions which are set out in the Website. 1.2 This agreement commences on the date upon you register your details or purchase the Services, on or through the Website ("Commencement Date"). 1.3 We may vary these terms or the terms of the operation of any Service, at any time by a general notice on a page of the Internet referred to on the home page of the Melbourne IT Web Site at http://www.melbourneit.com.au/policies/. Changes other than price changes will become effective upon publication of the notice. Where we vary the charges for any Service, we will notify you of these variations either by a general notice on a page of the Internet referred to on the home page of the Melbourne IT Web Site at http://www.melbourneit.com.au/policies/, or, by written notice to you. Where we vary any charges for the Services, we will give at least 30 days notice of the change by either of the preceding means, and the new prices will apply at the end of that period. We may at any time and without prior notice or liability to the Customer to alter the Services in the course of the Services ongoing development. 1.4 If you use a Service after publication of any change in accordance with clause 1.3, your use will constitute acceptance of the amended terms. 1.5 These terms constitute the agreement in its entirety and supersede all prior agreements. 1.6 Any reference in this agreement to Melbourne IT's "Supplier" is a reference to any third party service provider of Melbourne IT (a "Supplier"), including 24x7 ads Pty Ltd, if and to the extent a Supplier is supplying any part of the Services to you on behalf of Melbourne IT. 2. Term 2.1. By signing up to a service other than a Basic Service, you agree that you will be purchasing the Services for a minimum initial period of 12 months from the Commencement Date. At the end of the initial period, this contract will be automatically renewed for consecutive 12 month periods, unless and until either one of us notifies the other at least 30 days before the end of each 12 month period, that we do not wish to renew this contract. 2.2. If neither party terminates the contract in the manner set out in clause 2.1, then you will be billed for the next 12 month's charges 30 days' prior to the expiry date. If you have not elected to cancel the contract, this invoice will be due and payable upon receipt. If you do not pay the invoice prior to the renewal date, your registration and/or Service will be cancelled from that date. 3. Your Material or Content 3.1. You are responsible for uploading and maintaining any and all relevant material ("Your Material or Content") for use on the Website, in accordance with any requirements as set out on the Website, including requirements as to deadlines, delivery formats and specifications, and in these terms and conditions. 3.2. Melbourne IT and/or its Supplier will determine the utilisation of all keywords, categories and other material used to describe or categorise a business listing for all purposes relating to the Searchzone online directory ("Directory"). 3.3. Melbourne IT and/or its Supplier takes and accepts no responsibility for any of Your Material or Content. 3.4. Melbourne IT and/or its Supplier may remove, revise or refuse to publish any Your Material or Content. 3.5. Melbourne IT and/or its Supplier reserves the right to include or exclude entry to, or remove a business from, the site and the directory or classifieds at any time, for any reason whatsoever, and without any liability to Melbourne IT and/or its Supplier; 3.6. You acknowledge and agree that Melbourne IT and/or its Supplier may provide the Directory from time to time to other commercial enterprises including for publication and syndication on another website. Melbourne IT and/or its Supplier does not warrant that Your listing in the Directory will be published or continue to be published on an internet site that is a distribution partner of Melbourne IT and/or its Supplier. You acknowledge and agree that: (a) Melbourne IT and/or its Supplier is not liable to You for any claim for loss or damage arising from the publication or non-publication of Your listing or Your Material or Content on such internet sites; and (b) The failure of an internet site to publish or continue to publish Your listing or Your Material in any form will not affect the parties rights and obligations under this Contract; (c) Melbourne IT and/or its Supplier retains the right to change its distribution partners from time to time and gives no warranty that Your listing or Your Material or Content will be distributed by any particular distribution partner for any particular period. 4. Fees and Charges 4.1. Invoicing and payment: (a) Upon completion of the on-line sign up process, you will receive notice of the amount due to Melbourne IT in respect of the Services you have elected to purchase. (b) Your purchase and/or registration will not be complete or effective until this amount is paid in full, by credit card. Melbourne IT and/or its Supplier reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. You acknowledge that You are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments. (c) Upon receipt of payment you will be issued with a tax receipt inclusive of GST. (d) Melbourne IT and/or its Supplier reserves the right to make changes to the prices at any time, on 30 days notice to You (e) You acknowledge that the fees and other charges are inclusive of GST. GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by You and You agree to pay this increase from the changed date. 4.2. If at any time during the initial term or follow-on term there are insufficient funds in Your credit card account or the bank account (as the case may be) to cover all fees or charges when they are due, You will be in breach of this Contract and Melbourne IT and/or its Supplier, without notice to You and without affecting any other rights, may terminate this Contract according to clause 6 and/or suspend provision of the Services. 5. Cancellation Policy 5.1. If You wish to terminate Your Contract, then You must do the following: (a) Give one (1) month written notice prior to the end of any term (applicable only to Standard, Deluxe and/or Premium Services). (b) You acknowledge that if you request a cancellation of any Standard, Deluxe and/or Premium) Listing or during a 12 month (annual) contract, you will not be entitled to a refund of the annual charge or subscription for that Service. (c) You may cancel a Basic service at any time by providing us with written notice. Upon cancellation of a Basic service, your listing will be removed and/or disabled immediately. 6. Termination of Contract 6.1. This Contract may be terminated by us without notice if: (a) You have failed to pay the fees and charges; (b) You have breached any of these terms and conditions, or Melbourne IT's Acceptable Use Policy or Melbourne IT's Privacy Policy; (c) You (being an individual) is declared bankrupt; or (d) any action is taken in relation to You which, if You is a corporation, reasonably indicates its insolvency (e.g. action is commenced for Melbourne IT and/or its Supplier to be wound up or placed in liquidation) or if You are a person then similar events occur which indicate bankruptcy; or 7. Liability and Indemnity 7.1. If Melbourne IT and/or its Supplier is the cause of any error or omission in Your material or content and You suffers loss or damage as a result, Melbourne IT and/or its Supplier's maximum liability to You will be a refund of fees, the amount of the refund being calculated on a pro rata basis with reference to that period of the relevant term during which the error or omission was displayed as a proportion of the entire term for which fees and charges were paid by You for services in relation to that Your material or content. 7.2. You indemnify Melbourne IT and/or its Supplier against any claim by any third party against Melbourne IT and/or its Supplier in respect of any matter arising from the operation, use, transfer of data or money to and from Melbourne IT and/or its Supplier by You. 7.3. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with Melbourne IT and/or its Supplier, You indemnify Melbourne IT and/or its Supplier and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and, 7.4. Without limiting the generality of the above, you indemnify Melbourne IT and/or its Supplier and its directors, employees and agents against any claims arising from: (a) defamation, libel, slander of title; (b) infringement of copyright; (c) infringement of trade marks or names of publication titles; (d) unfair competition; (e) breach of trade practices, privacy or fair trading legislation; and (f) violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights. 7.5. You also indemnify Melbourne IT and/or its Supplier for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the Service, Your payment for the Service, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material. 8. Intellectual Property 8.1. You acknowledge that all right, title and interest in any and all: (a) documentation and material that is part of or provided with the Services; and (b) any know-how, trademarks or service marks of Melbourne IT or its Supplier, (c) material included in the Website (collectively, "Our Intellectual Property") is vested in Melbourne IT, its Supplier and/or the licensors of Melbourne IT or its Supplier (as the context requires). 8.2. Unless otherwise specifically provided in this agreement, you agree that you shall have no right, title, claims or interest in or to Our Intellectual Property. 8.3. You may not copy, modify or translate any of Our Intellectual Property or related documentation, or decompile, disassemble or reverse engineer any of Our Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. 8.4. Unless otherwise specifically permitted by this agreement, you are not authorised to distribute or to authorise others to distribute any of Our Intellectual Property in any manner without the prior written consent of Melbourne IT and/or its Supplier (as the context requires); provided, however, that nothing in this clause 8.4 shall preclude you from using Our Intellectual Property as incorporated in the Services. 8.5. Apart from fair dealing permitted by any legislation, Melbourne IT only grants You permission to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose. 8.6. Maps and map data: (a) All content and material on Melbourne IT and/or its Supplier relating to the maps included on or linked to the Website are the copyright of the mapping provider. (b) Except as expressly permitted by these terms and conditions, You may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of Melbourne IT and/or its Supplier. 9. AUP and Privacy Policy 9.1. You agree to comply with Melbourne IT's Acceptable Use Policy located at http://www.melbourneit.com.au/policies/acceptableusepolicy.php, as varied from time to time by Melbourne IT in accordance with clause 1.3 ("AUP"). In addition, you agree that neither you, nor any other person whom you permit to use the Services on your behalf, either undertakes, or attempts to undertake, any of the following additional prohibited activities: (a) use or access any websites, or include in Your Content, any pornography, nudity and sex-related merchandising ("Adult Material") of any sort, including by means of creating or maintaining any links to websites containing any Adult Material; (b) create, use or maintain, or access any MP3 files or any MP3 websites, unless expressly permitted by Melbourne IT and/or its Supplier; (c) create, use or maintain, or access websites that promote illegal activities (including, without limitation, warez, hacking, serial numbers, cracks or information that violates any law whatsoever); (d) create, use or maintain, or access any website whose primary purpose is file distribution or mirroring another website; (e) promote a website hosted by the Supplier through unsolicited email or spamming, irrespective of whether the unsolicited email or spam is sent through the Supplier's email servers or not; (f) distribute copyrighted software, warez (also known as pirated software), MP3 files or Emulators/ROMs. (each an "Additional Prohibited Activity") 9.2. If we receive notice of, or otherwise become aware that you have failed to comply with any provision of this AUP, or undertake or attempt to undertake any Additional Prohibited Activity, in addition to any other rights of Melbourne IT under this agreement, you agree that Melbourne IT or its Supplier may immediately take corrective action, including suspension of any and all Services, or, in the case of Melbourne IT, terminating this agreement. In the event that any such corrective action due to a violation of the AUP occurs, or, due to you or any other person whom you permit to use the Services undertaking or attempting to undertake any Additional Prohibited Activity, Melbourne IT shall not refund to you any fees paid to Melbourne IT prior to such corrective action. 9.3. You agree to comply with Melbourne IT's Privacy Policy located at http://www.melbourneit.com.au/privacy/, as varied from time to time by Melbourne IT from time to time in accordance with clause 1.3 ("Privacy Policy"). 9.4. You agree that Melbourne IT may disclose your account and other information in accordance with the AUP and Privacy Policy. 10. Miscellaneous 10.1. The law in force in Victoria, Australia governs this agreement and the transactions contemplated by this agreement. 10.2. In the event it is necessary for Melbourne IT to enforce its rights under this agreement, you agree to pay all fees incurred by Melbourne IT (including, but not limited to, legal fees and collection agency fees). 10.3. This agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns. You may not resell any Services or assign your rights and obligations under this agreement without the prior written consent of Melbourne IT. 10.4. You may not assign its rights or obligations under any agreement with Melbourne IT and/or its Supplier without the prior written consent of Melbourne IT and/or its Supplier. 10.5. A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties. 10.6. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.

 

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