These Terms of Use (“Terms”) apply to all Suppliers and Users using the Services provided on this website. In using our website and Services, you agree to be bound by these Terms as well as any other terms and conditions posted on our website from time to time.
If you do not accept these Terms, you are not permitted to use our website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website, you agree to be bound by these Terms.
Notification of the amended terms may also be sent to registered users by email or as a general notice posted to each registered user’s account.
The amended Terms will take effect from the next time you log into the website or use the Website. If you do not agree with the amendments, then you must stop using your account and the website. Your continued use of the website is subject to our current Terms as amended from time to time.
2.1 Suppliers and Users acknowledge and agree that we are acting as a neutral facilitator only by providing an information and classified service that brings together Suppliers and Users. We are not a party to any transaction or the supply of goods or services between any Suppliers and Users that may be initiated through any Content or Advertising Material published on the website.
2.2 Any transactions or dealings between a Supplier and a User that may result from any Content, Advertising Material or other information available on the Website is a direct contractual relationship between the Supplier and the User and any complaints, disputes, claims, demands or causes of action are to be dealt with directly between the Supplier and the User and we are not to be involved as a party to the dispute.
3.1 In order to use our Services, Suppliers need to register and set up an account. You must at all times during the Subscription Term, keep your registration details accurate and up-to-date.
3.2 You agree to maintain the confidentiality of your password or login details and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password or login details.
3.3 Suppliers must notify us by e-mail at <……> as soon as you become aware of any confirmed or suspected unauthorized use of your account, or any confirmed or suspected loss or unauthorized disclosure of your password or login details.
4.1 The listing by Suppliers in the Supplier Directory will be on a six (6) month free trial, after which Suppliers must pay the Subscription Fees to be able to use the Services provided on or through the website. The subscription packages and Subscription Fees are as detailed on the website.
4.2 Your Advertising Fees must be paid on time in accordance with our invoice terms. Any late payment or failure to pay may result in your Advertising Material removed without notice.
4.3 All Subscription Fees and Advertising Fees set out or referred to in the invoices or on the website are exclusive of GST and other governmental charges.
4.4 We do not process any payments on the website or store credit card information on the website, in the event payment transactions occur on our website, credit card information goes directly to PayPal or Stripe (third-party payment processors) using secure payment technology and PayPal or Stripe processes the transaction and send us the confirmation of payment: For further information about PayPal or Stripe please visit their website.
5.1 A Supplier warrants that they have the full legal authority to use and to authorise others to publish the Content or Advertising Material (or both) submitted to us for insertion on the website, including without limitation:
5.1.1 the names, likenesses, biographical information and/or any other identifying attributes of any individual who is identifiable in the Content or Advertising Material (or both);
5.1.2 all elements of the Content or Advertising Material (or both) that are subject to protection under any and all intellectual property rights law of any jurisdiction in which the Content or Advertising Material (or both) may be published; and
5.1.3 all testimonials, endorsements and sponsorships (or any of these) contained in the Content or Advertising Material (or both).
5.2 The Content or Advertising Material (or both) must not mislead or deceive any person about the quality, price, availability or any other attribute of your goods or services and the Content must not contain any material misrepresentations, including by falsely representing that any goods or services are of a particular standard, quality, value, grade, composition, style or model or have performance characteristics, accessories, uses or benefits that the goods or services do not have.
5.3 By submitting or posting any Content or Advertising Material (or both) to the website, the Supplier warrants that:
5.3.1 the Content or Advertising Material (or both) does not infringe any third party rights, including, but not limited to, the publication of any registered trade marks or unregistered trade marks included in the Content or Advertising Material (or both) does not infringe the rights of any owner or registered user of such marks; and
5.3.2 the Supplier is not breaching any laws, regulations, rules, standards, codes or guidelines by publishing the Content or Advertising Material (or both) on the website.
5.4 Each Supplier authorises us to use, reuse and to grant others the right to publish and re-publish your Content or Advertising Material (or both) and any reproduction or communicated to the public your Content or Advertising Material (or both) in any form of media or technology for any purpose related to the website.
7.1 We reserve the right, without any liability whatsoever, to reject, omit or exclude any Advertising Material for any reason at any time, with or without notice to the Supplier, and whether or not such Advertising Material was previously accepted or published.
7.2 We do not guarantee any given level of circulation, distribution, reach or readership for any Advertising Material.
8.1 Suppliers may cancel any order for Advertising Services in writing five (5) days in advance of the start date of the Advertising Services. There are no refunds for unused subscription periods.
8.2 We offer a refund money back guarantee within 14 days if you are not satisfied with our Advertising Services. We ask that you send us an email at [insert email contact address] with a reason for your requested refund and we will provide a full refund in the manner in which you have provided payment. We will then delete your account and information from our database.
9.1 TERMINATION PROCEDURE: Suppliers are solely responsible for cancelling their account to use the Services provided on website. You must cancel in writing by notifying us at [INSERT CONTACT DETAILS FOR CANCELLATION PURPOSES]. There is no prorated or any refund for unused Subscription periods.
9.2 WE MAY TERMINATE YOUR ACCOUNT AT ANY TIME: We have the right to terminate the account of any Supplier for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to the appropriate law enforcement authorities.
9.3 Upon such termination, regardless of the reasons, the Supplier’s right to use the website immediately ceases and you agree we may immediately deactivate or delete your account and all related Advertising Material, Content and other information and files. We may also bar you from any further access to our website.
9.4 On cancellation or termination of your subscription, all of your Advertising Material, Content, and other information and files will be deleted.
9.5 We are not liable to the Supplier 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 with termination or suspension of your account including but not limited to any files, content or information that has been destroyed.
9.6 We are not required to provide any refund or part thereof to you for such termination or suspension of any Subscription Fees.
10.1 We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property rights or these Terms.
10.2 We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breaches any statutes or regulations, or we receive complaints from any person or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
11.1 We make no warranty that the website or the Services will meet the requirements of any Supplier or User or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy or unusual time period.
11.2 We make no warranty or guarantee of increase in any Suppliers’ business, revenue, clients, traffic to their website or otherwise as a result of the Services.
11.3 The Content and Advertising Material is for general information and educational purposes only. Nothing contained in the Content and Advertising Material is, or is intended to be, construed as advice to any User.
11.4 We do not and cannot verify the information or opinions that Suppliers upload to the website nor can we guarantee the goods or services they offer. We are not involved in, are not responsible for and we assume no liability in respect of any goods or services supplied to Users by any Suppliers. We urge Users to make their own enquiries and ensure you do your own due diligence to verify any information about Suppliers and any goods or services offered by Suppliers.
12.1 Each Supplier agrees and acknowledges that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, including but not limited to:
12.1.1 any delays in the production, delivery and/or non-delivery of any Content or Advertising Material on the website as the result of an act of God, action by any government entity, network difficulties, electronic malfunction or any condition or event beyond our control;
12.1.2 errors or omissions in the Content or Advertising Material as it is published on the website and communicated to the public; and
12.1.3 any unavailability or inoperability of the Internet, technical malfunction, computer error, data corruption or loss of information.
12.2 To the extent that we are able to limit the remedies available under the Australian Consumer Law (ACL), all conditions and warranties that may be implied by the ACL are expressly excluded. All other conditions, warranties or guarantees which may be implied by custom, or any statute other than the ACL, are expressly excluded by these Terms.
12.3 We expressly limit our liability to Suppliers for breach of a non-excludable statutory guarantee under the ACL to the following remedies:
(1) the supply of the goods or services again; or
(2) the payment of the cost of having the goods or services supplied again.
12.4 In no event will our liability hereunder towards any Supplier exceed the payments made by the Supplier during the preceding twelve (12) months preceding the date of the breach.
12.5 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.1 Each Supplier agrees to indemnify, defend and hold harmless A.C.N. 643 255 958 Pty Ltd t/a Melbourne Lawyers Directory and any related body corporate and their respective directors, officers, employees, independent contractors, agents and sucessors, from and against any and all claims, demands, causes of action, costs, expenses and damages, judgement or liability, threatened or adjudicated, of any kind (including, without limitation, reasonable attorney’s fees and expenses, settlement costs and disbursements) incurred by us, arising out of or in connection with:
13.1.1 any breach or default by a Supplier in the performance of any of its obligations set out in these Terms;
13.1.2 any breach by a Supplier of any representation, warranty, covenant or agreement set out in these Terms;
13.1.3 any breach of any intellectual property rights or other legal rights of any person arising from our publication of any Content or Advertising Material uploaded by you for publication on the website; and
13.1.4 any transaction or dealings between a Supplier and a User, including without limitation, any purchases by a User of goods or the supply of services to a User by a Supplier.
13.2 The Suppliers’ indemnification obligations shall survive termination or expiration of the agreement set out in these Terms.
14.1 All custom graphics, icons, logos, brand names and service names used to brand the website are registered or unregistered trade marks or service marks of A.C.N. 643 255 958 Pty Ltd t/a Melbourne Lawyers Directory, or otherwise are the copyright of A.C.N. 643 255 958 Pty Ltd t/a Melbourne Lawyers Directory.
14.2 All other trademarks or service marks within this website are the property of their respective owners.
14.3 Each Supplier or User is solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
15.1 We are committed to protecting the privacy of Suppliers or Users. We at all times, respect the privacy and confidentiality of personal information provided to us and we will comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principle in relation to our collection, use and disclosure of personal information.
15.2 We may be required, in certain circumstances, to disclose personal information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our agreements with Suppliers and other users of our website; or to protect the rights, property or safety of our customers or third parties.
15.3 We reserve the right to disclose the name and any other personal information of any Supplier or User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, and investigation of any breach, alleged breach of the law or these Terms.
These Terms were last modified on 25 August 2020 and are effective from that date.