Terms of Service
Welcome to the mydetails.biz website which is operated by Mydetails.biz Pty Ltd ("Service Provider"). By using our website, you are agreeing to comply with and be bound by the following Terms of Service ("TOS"). The TOS govern the use of the mydetails.biz (the "website") online services ("Services"), and is intended to help enhance the use of the Internet by preventing unacceptable use. The TOS apply to subscribers whose business cards are accessed through the website and to anybody accessing and using the website. Please read the rules contained in this TOS carefully.
1. Acceptance of Agreement
Your use of and/or subscription to any aspect of the Services will constitute your agreement to comply with these conditions. If you don't agree with these rules, please do not use the Services. These conditions may be modified from time to time by mydetails.biz; and you are bound by the current TOS as published on this website. Continued access to the Services by you will constitute your acceptance of any changes or revisions to the TOS.
All users of the website, including partners, corporate administrators, subscribers and visitors, must comply with the TOS. Failure to do so may result in suspension or termination of your access to the Services, without notice, and additional remedies by the Service Provider.
2. Rules of Usage
2.1. You must protect any passwords (if applicable) that are used in connection with these Services and you are not permitted to authorise others to access the Services on your behalf.
2.2. The Services must not be used by persons under the age of (sixteen) 16 years.
2.3. You must not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
2.4. You must not use any obscene, indecent, or offensive language or place on the Services any material that is defamatory, illegal, abusive, discriminatory, harassing, or hateful. Further, you must not place on the Services any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
2.5. You must ensure that any material you provide to the Services or post on an interactive form, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal, intellectual property or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Material on the Services is for your personal use only. The Services contain copyright material which must not be copied or used in any way which constitutes an infringement of copyright. The Services contain information which is provided solely for the purposes of the Services and which must not be used for any other purpose.
2.6. You must not in any way make commercial or other unauthorized use, by copying, publication, re-transmission, distribution, performance, or otherwise, of material obtained through the Services, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this TOS or the Service Provider.
2.7. You must not disrupt, modify or interfere with the Services or its associated software, hardware and/or servers in any way, and you must not impede or interfere with others' use of the Services. You further agree not to alter or tamper with any information or materials on or associated with the Services that are not personal to you. Authorised corporate administrators excepted.
2.8. Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain unauthorised access to Service Provider's servers by any means.
2.9. You must not introduce any virus or other software or feature which may affect the Services or any software or systems used in providing the Services. You must immediately notify the Service Provider if you become aware of any such virus or other software or feature.
3. Comments By Users Are Not Endorsed By Service Provider
The website Service Provider allows users to refer a friend or send links to friends. The Service Provider does not necessarily verify, or agree with the comments, opinions, or statements by users contained in these Services.
4.1. Where the Service Provider charges for the Services, you agree to pay the amounts in accordance with the terms notified to you. We reserve the right to refuse to supply or re-supply, or to suspend or cease the supply of any Services (as appropriate) until all amounts owed or owing by you to us are paid to us in full in cleared funds.
4.2. You agree to pay interest on all overdue amounts at 3% above the standard overdraft rate charged by our bankers, and any collection fees or charges (including legal fees and charges on a solicitor/ client basis) we incur in attempting to recover payment owed by you.
4.3. Subject to clause 15(c) and clause 20, all payments made by subscribers to the Services are non-refundable.
5. Information and Other Material
The Service Provider accepts no liability for the information or other material provided on this website by subscribers or any third party.
Where the Service Provider provides information or other material, every effort is made to ensure that such information or other material is accurate and up to date, but the Service Provider accepts no liability for such information or other material.
The Service Provider accepts no liability for the use of or reliance on any information on this website. All use of information on this website is at your own risk.
You acknowledge that the Service Provider does not review and does not endorse the content of all sites linked from the Services and is not responsible for the content or actions of any other sites linked from these Services. The Service Provider accepts no liability for the use of or reliance on any information on all such sites. Your linking to any service or site or use of information obtained from such services or site is at your own risk.
You agree that the Service Provider and its third party service providers are not responsible, and exclude liability to you, with respect to any information or other content posted by third parties, including defamatory, offensive or illegal material, or other material that violates the rules of usage set out in clause 2 of this TOS.
6.1. Subject to the provisions of the Trade Practices Act 1974 and any other relevant and applicable State and/or Commonwealth legislation or laws (Statutory Provisions), we warrant to subscribers that:
6.1.1. the Services will be rendered with due care and skill;
6.1.2. the Services will be reasonably fit for their intended purposes with compatible devices as described in the description of the Services as published by the Service Provider from time to time.
6.2. We do not warrant that:
6.2.1. the Services will be uninterrupted or error free;
6.2.2. the Services will meet your requirements, other than as set out in this agreement;
6.2.3. the information contained in the Services is accurate or up to date;
6.2.4. the service is compatible with your device(s). The service is designed to work with common email client programs such as Microsoft Outlook™, Microsoft Express™, Lotus Notes™ in their default configuration.
6.3. Except as set out above or where implied by law, the Service Provider gives no other warranty and makes no representation or undertaking in relation to the Services, or their performance or suitability for any purpose. All conditions or warranties which might otherwise be implied by the Statutory Provisions or any other law, custom or usage are excluded to the maximum extent permitted.
6.4. You warrant that:
6.4.1. you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded or downloaded by you from or to our server does not contain any virus and will not corrupt the data or systems of any person in any way; and
6.4.2. all information and details you have supplied to us are accurate and up to date.
7.1. The Service Provider will be under no liability to any subscriber or any user (whether for breach of contract, negligence or otherwise) for any loss or damage suffered arising out of the rendering of the Services or any use of or reliance on the Services.
7.2. The Service Provider will be under no liability to any subscriber or any user (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential loss or damages whatsoever (including, without limitation, damages for loss of business or profits, loss resulting from business interruption, loss of business information, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the rendering of the Services or any use of or reliance on the Services, even if the Service Provider has been advised of the possibility of such loss or damages.
7.3. Our liability for a breach of any express term of the TOS or a condition or warranty implied into these TOS by the Statutory Provisions or otherwise is limited to either:
7.3.1. supplying the Services again; or
7.3.2. Supply the service again or refund of the amount paid for the servicepayment of the cost of having the services supplied again.
8.1. You will indemnify us and keep us indemnified against all claims, suits, actions, demands, loss, costs, damage to property, expenses (including legal expenses on a full indemnity basis), judgments and awards made against us or incurred by us to the extent that such liability is caused, or contributed to, by:
8.1.1. your breach of the TOS;
8.1.2. your (including your 'employees' and 'customers') acts or omissions (whether negligent or not);
8.1.3. any material or information issued by or to you using the Services.
8.2. This clause 8 constitutes a continuing indemnity and is in addition to any other rights we may have.
9.1. We may from time to time suspend the Services (or any part thereof) or disconnect or deny you access to the Services:
9.1.1. to remedy any defect or failure or to improve the Services;
9.1.2. to provide maintenance or other services in relation to the Services;
9.1.3. or in any other circumstances we deem necessary for the proper functioning of the Services; or
9.1.4. if you are in breach of the TOS.
9.2. In all the above circumstances, you will remain liable for all charges and fees throughout any period of suspension.
The Service Provider may send a copy of the Service Provider's regular E-bulletin to the subscriber at some stage after the commencement of the subscription. The subscriber can choose to unsubscribe from this E-bulletin after the initial delivery if they choose by following the unsubscribe process set out in the E-bulletin.
For the purposes of providing the Services we may appoint other persons or entities to manage or carry out certain parts of the Services on our behalf and may remove any persons or entities such appointed.
12.1. We may refuse, suspend or cancel the Services, or take any other action we deem necessary, immediately if you, or any user of your website have used the Services:
12.1.1. for the purposes of spamming;
12.1.2. for the purpose of taking steps to eliminate the use of the website or the Services for spamming or any similar purpose.
13. Price and Taxes
13.1. In this clause the terms 'GST', 'supply' and 'taxable supply' have the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
13.2. All price lists and quotes provided by us are estimates only and do not constitute an agreement to supply Services in accordance with that price/ quote and are subject to alteration.
13.3. Unless expressly stated otherwise all prices are exclusive of GST. The amount to be paid or other consideration to be provided to us for any taxable supply we make that is governed by or connected with these Terms must be increased by an amount equal to any GST which we are or become liable to pay in respect of that supply so that we retain after the payment of GST the amount which we would have been entitled to receive but for our obligation to pay GST.
14. Force majeure
We are not liable for any failure to perform or delay in performing our obligations under these TOS if that failure is due to anything beyond our reasonable control that includes, without limitation, strikes, lockouts, shortages of raw materials, fuel, power, labour, transport, acts of God, fire, riot, explosion, accident, sabotage, breakdowns or machinery. A force majeure event does not affect either party's obligation to make any payment.
The Service Provider may immediately terminate a subscriber's use of the Services and remove the subscriber's details from the website if:
15.1 the subscriber is in breach of any terms of this agreement;
15.2 the subscriber fails to make any payment due to the Service Provider;
15.3 the Service Provider does not wish to be associated with the subscriber or activities engaged in by the subscriber, in which circumstances the Service Provider. But will refund the subscription paid for the Sservices.
16. Use of Material Supplied By You
17. Editing and Deletions
The Service Provider reserves the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on the Service or its interactive forms, in its sole discretion, without notice.
18. Copyright Complaints
The Service Provider respects the intellectual property of others, and we ask our users to do the same. The Service Provider may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants, and account holders who infringe the copyright rights of others.
The Service Provider makes no representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this TOS, for all purposes, shall be governed by and construed in accordance with the laws of Western Australia, and any action based on or alleging a breach of this TOS must be brought in a court of Western Australia.
If you don't agree to the terms contained in this TOS, please exit the Service. Please click the Back button on your browser to return to the previous page.
A subscriber who is subscribing to the Services for the first time may cancel the subscription to the Services within 14 days of receiving the subscriber's logon and password by notice to the Service Provider through the "editing of details" section of the website. If the subscription is cancelled in this way, the Service Provider will procure the refund of the purchase price to the subscriber.
If you don't agree to the terms contained in this TOS, please exit the Service.