Terms And Conditions

Updated December 9th, 2009

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY.

In these Terms of Use, the expression "Site" refers to either www.wherecanifind.com.au

1. General Remark. This Site is for personal and non-commercial use. The entire content included in this Site, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds video clips, software and links to external web sites (the "Content"), is provided for informational purposes only.

2. Disclaimers and Limitation of Liability. wherecanifind intends for the Content on this Site to be accurate and reliable, however, this Site and the Content are provided to you "as is" and "as available" and without warranty or condition of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, wherecanifind disclaims all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. wherecanifind does not represent or warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected or that this Site or that the server which makes the Site available are free of viruses or other harmful components. In no event shall wherecanifind be liable for any damages whatsoever, including special, indirect, incidental or consequential damages, arising out of or in connection with the use or performance of this site or any other site you may access while using this site or your use of the Content, even if advised of the possibility of such damages.

3. Indemnity. You acknowledge and expressly agree that use of this Site is at your sole and own risk. You agree to defend, indemnify and hold wherecanifind and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of this Site.

4. wherecanifind provides a service that searches our database and fowards business requests to tradespersons or businesses. It is provided for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding these tradespersons or businesses. No responsibility is taken by wherecanifind for any goods,trades or services that they offer.

5. wherecanifind may at it's sole discretion store any information that you give us. We may use this information for marketing or other purposes. By using wherecanifind.com.au you agree that we may use your details to contact you. We will provide you with a method of opting out from further communication if you desire.

6. Web Scraping/Harvesting. You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of this Site in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Site.

7. Hyperlinking to this Site. You may create a link (the "Hyperlink") to this Site provided that:

you do not replicate any of the Content of this Site;
you do not create a frame or any other bordered environment around this Site or its Content;
the Hyperlink shall not imply any endorsement of any product or services;
the website linking to this Site does not contain distasteful or offensive material including, but not limited to, material intended for an adult audience and pornographic material; and
the website linking to this Site does not contain any information, content or material that would interfere with the operation this Site nor which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other laws.

wherecanifind may withdraw your right to link to this Site at any time in its sole discretion.

8. External Links on this Site. Links available on this Site may allow you to link to websites not maintained or controlled by wherecanifind. wherecanifind provides these links for your convenience only and makes no endorsements, warranties or representations of any kind whatsoever regarding those other web sites and assumes no responsibility for content on third party websites. Please be aware that you link to these third party websites at your own risk.

9. Copyright. All Content published on or otherwise accessible through this Site is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by wherecanifind or wherecanifind's content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on or accessed through this Site and maintain such notices in the Content.

10. Trade-marks. All products, services and company names mentioned in the Site may be trade-marks of either wherecanifind or of their respective owners. You shall not use any trade-mark displayed on the Site without the express written permission of wherecanifind or the relevant owner of the trade-mark.

11. Changes. wherecanifind reserves the right to change or remove any Content from this Site, in whole or in part, at its sole discretion, at any time, without notice. wherecanifind reserves the exclusive right to modify these Terms of Use at any time. Non-material changes and clarifications will take effect immediately. Any material changes will take effect 30 days after their posting. To know the posting date of any change appears at the top of this page, please refer to the last update date. Any continued use of this Site will be deemed conclusive of your acceptance of the modified Terms of Use.

12. Miscellaneous. The Terms of Use of this Site and all other documents referenced herein constitute the entire agreement between wherecanifind and you with respect to your use of this Site. wherecanifind's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. These Terms of Use shall be governed by and construed in accordance with the state laws of Victoria and the federal laws of Australia applicable therein. The parties hereby agree and attorn to the exclusive jurisdiction of the Courts of Australia.