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Terms & Conditions
TERMS AND CONDITIONS OF LISTING on SearchMySuburb.com.au are outlined in respect to:

Search My Suburb Pty Ltd -  ABN 55 118 167 294

(thereafter referred to or known as 'Search My Suburb’, 'SearchMySuburb.com.au', 'SearchMySuburb',  'SMS', 'we',
'our' or 'us').

Before you list your business, advertise in any way, or use the SearchMySuburb.com.au  website, we require that you agree to be bound by our terms and conditions and all applicable legislation. By submitting a request to us to list your business you represent to us you have read our terms and conditions and agree to be bound by them.

Your responsibility

By enrolling or making a request through the website, you warrant to SMS that you are at least eighteen years old. You must read the specific terms and conditions and convey all information set out in those terms and conditions by SMS, to any other parties covered by any enrolment you make, or advertisement you place.
 

  1. The SearchMySuburb.com.au website may not be used for any purpose that is unlawful or that is contrary to the terms and conditions set out hereunder (or that may be added to, or varied by SMS, at our discretion).

  1. SMS retains the absolute discretion to vary these terms and conditions at any time and without prior notice.  Amendments of the terms and conditions will be posted on this page.

  1. As the user, you agree that for the purposes of determining the laws that apply to govern the relationship between yourself and SMS, all correspondence and agreements entered into are deemed to be made and concluded in the State of New South Wales. Any dispute concerning these terms and conditions, and all legal proceedings that may arise between or among the parties, shall be governed by the laws of New South Wales. The parties, hereby, agree to be subject to the exclusive jurisdiction of courts exercising jurisdiction, and applying those laws, in the State of New South Wales.

  1. SMS reserve the right to edit and/or delete any material on this website, at our discretion, at any time and without notice. The affected user will be notified of our decision as soon as possible.

  1. SMS reserves the right to refuse listings or advertisements, whether paid or free, at our absolute discretion, if they are deemed to be in possible breach of any law or not in the interest of the public.  If an advert or listing which is refused has been paid for, all monies paid will be returned to the user by SMS within 14 working days.

  1. SMS will not be held responsible for any direct or indirect loss incurred as a result of this website being unavailable for any reason whatsoever.

  1. As the user, you agree to indemnify SMS in respect of any claim for loss or injury occasioned in the use of this website.

  1. As the user, you agree that you will not post to our website or propagate otherwise, material of any description which contains malicious or harmful programs, computer worms or viruses.  Neither will you damage, modify, destroy or disrupt data or resources that compromise the security and/or the stability of this website.

  1. You indemnify SMS in relation to any claim for:- defamation; copyright, name or trade mark infringement; violation of any Privacy Legislation; breach of intellectual property rights; breach of Trade Practices or Fair Trading Legislation.

  1. You indemnify SMS from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the service by you or any other person including using a membership identification or password you may subsequently receive.

  1. SMS retains all design, copyright and intellectual property rights relating to this website.  As the user, you warrant that you will not do anything which interferes with, or breaches these rights in any way whatsoever.  You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the website without the express permission of SMS. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice.

  1. Unless you have been expressly authorized to do so in writing by the legal owner of the proprietary right, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. You will indemnify SMS completely for any liability arising howsoever from your infringement of a proprietary right.

  1. As the user, you agree that SMS  is not responsible for any transaction whatsoever completed by you the user, using services listed on our website.

  1. SMS does not guarantee that listing or advertising on our website will increase the users business. 

  1. As the user of this website and any service or facility, you agree and consent that SMS may use your contact information (i.e. your name, e-mail and physical / postal address and/or other contact details) for commercial purposes either directly or indirectly connected with your request.

  1. SMS does not guarantee that our website is error free. Please contact us if you find an error and we will endeavour to correct it immediately. To the maximum extent permitted by law, SMS disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties where that failure is due to circumstances beyond its control.

  1. SMS cannot verify the accuracy, completeness or suitability for any particular purpose of (and has not done so), any information or content that is provided by third parties. To the extent permitted by law, SMS will not be responsible for any errors, omissions or misleading information. You agree to make your own evaluation of the suitability, accuracy and completeness of any information, opinion, advice or other content that is available on or through the website before you rely upon it.

  1. All information provided by the user to SMS is considered to be confidential and will be held secure subject to the terms of our Privacy Policy.

  1. SMS makes no representation either expressed or implied as to the information that may be accessed by use of third party links.  The user agrees to indemnify SMS against any claim that may be made in respect of the user accessing a third party website via a link from our website.

Users advertising or listing with SearchMySuburb.com.au agree that:

  1. They have the authority to list/modify, and/or advertise, details of the business or goods and services for sale, on a public website, for the purpose of promotion and marketing.  SMS is thereby indemnified against any claim in this regard.

  2. They own or have the authority to display trade marks, photographs or logos.

  3. They will not use this website to engage in misleading or damaging marketing.

  4. They accept the right of SMS to contact them to verify their details.

  5. They will not submit or provide a link to a website which is objectionable or in any way defamatory, threatening, harassing, illegal, antisocial, offensive, profane, indecent, or inciting of racial or religious terrorism or self harm.

  6. Submission of their advert or business listing does not guarantee it will be accepted as entries are subject to review by SMS No advert or business listing, free or paid, will be viewable by the public until authorised.

  7. SMS has the right to refund payment for adverts or listings which are refused for publication on our website.

  8. Free entries are restricted to one per business or community event in any one suburb, at any one time.

  9. They will not spam the website with multiple entries or use the business directory for the transmission of junk mail or emails. 

  10. Thirty days prior to the expiration of a paid business listing a reminder email will be sent to the user.

  11. In the event that a paid listing is not renewed by due date, the paid listing will be downgraded to a free listing.

  12. In the event that an advert is not renewed by due date, it will be removed from our website until a new agreement is entered into.

  13. In the event of a payment being dishonoured, the listing or advert will be removed from our website forthwith.

  14. All invoices issued by SMS are inclusive of 10% GST, which is the rate at this time. Invoices will be amend accordingly should the GST rate change at any time.

  15. All promotional offers on either listings or advertisements apply only to the life of the agreement between SMS and you, the user.

  16. SMS reserves the right to amend prices for advertising and listing on our website, as we see necessary.

  17. All errors and omissions are excepted.

Fees, charges or services

Certain fees and/or services displayed on the website may, or may not include Australian Goods and Services Taxes (GST) and/or any additional charges. These will be advised to you upon registration or action of your request. Registrations made through the website also constitute a request, and the correctness of this request in regards to abiding by the rules and regulations of SMS is your responsibility.

SMS do not guarantee fees or charges quoted until the registration is confirmed and/or the request is acted upon by SMS. You are hereby advised: SMS reserve the right to alter, change, delete or amend fees, charges and/or services without notice.

Credit card transactions

Credit card transactions may incur a service fee on certain services. Charges will be advised to you at the time of confirmation. SMS accepts no responsibility for any breaches of security or misrepresentation in relation to credit card transactions.

Cancellation fees, charges and/or refunds

Certain fees and charges may be payable in respect of transactions entered into using the service. These transactions may include cancellation fees and charges imposed, or any applicable SMS refund policy enforced. Before entering into a transaction, the onus is on you to check carefully whether any cancellation fee or charges applies, and/or you are bound by any SMS refund policy. You are hereby advised: SMS reserve the right to alter, change, delete or amend their cancellation fees, charges and/or their refund policy without notice.

Liability

SMS does not accept responsibility for any service or conditions that are incorrectly represented within this system. The data and services shown are provided in good faith and ‘as is’. SMS do not warrant the accuracy, completeness, or fitness for a particular purpose of any data or services provided and to the maximum extent permitted by any law disclaim all implied warranties in connection with such data or services. In no event shall SMS be liable for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any display within the website.

 

 

 

 

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