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What Is Near Me Terms and Conditions

1. Terms and Conditions of use

  • (a) As consideration for allowing you the user (“User/You”) to view, visit and/or use our website located at the URL, www.whatisnearme.com.au (“Site”), or any other website owned by Manax Pty Ltd ACN 628 293 005 (“Manax”), Users agree to the following terms and conditions of use (“Terms and Conditions”).
  • (b) These Terms and Conditions apply to any and all Users of this Site.
  • (c) The Site is operated by Manax – described as We / Our / Us – and provides Users with access to the Content and Facilities on the Site pursuant to a non-exclusive, world-wide, non-transferable licence contained in these Terms and Conditions.
  • (d) By viewing the Content, using the Facilities on the Site or creating a User Account, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they are legally able to agree to be bound by them.
  • (e) If Users do not agree to these Terms and Conditions, please leave this Site immediately.
  • (f) These Terms and Conditions constitute a binding agreement between You and Manax, its agents, subsidiaries, affiliates, successor entities and/or assigned entities.
  • (g) You are authorised to use this Site if You agree to abide by all applicable laws and to these Terms and Conditions.

Definitions

Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of the Broadcasting Services Act 1992 (Cth).

Designated Agent means the person appointed by the Site owner to respond to allegations of Copyright breaches of Content that appears on the Site.

Facilities means any feature that appears on the Site for Users to use.

Member Account means an account created by a User for the purposes of accessing the Sites enhanced Content and Facilities

Permitted use

(a) Content
  • (i) Unless otherwise indicated, We reserve all copyright in the Content and design of the Site. We own all such copyright or provide it to Users under the terms of a limited licence embodied in these Terms and Conditions each time You visit the Site.
  • (ii) Users may download, print or copy Content provided on the Site for their own use. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
  • (iii) Users must not use, reproduce, communicate, publish or distribute any of the Content on our Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (“Act”).
  • (iv) Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, micro copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

Use of Member Account

(a) Content
  • (a) Member Account and Password
    • (i) Users agree to keep any passwords provided by the Site confidential. Users are expressly prohibited from sharing their account details with third parties.
  • (b) Member Responsibility
    • (i) You must provide true, current, accurate and complete information about yourself when creating an account.
    • (ii) By registering with Manax, You represent that You are of legal age to form a binding contract and are not a person barred by any laws from using this Site.
  • (c) Termination of Member Account
    • (i) We reserve the right to limit, cancel, suspend or terminate a Member Account without notice to the User and without providing a reason if We believe the User is breaching any of these Terms and Conditions or relevant laws or are of the opinion that Your use of the Member Account may be a breach of a third party’s intellectual property rights.
    • (ii) Users agree not to hold Us liable for claims, demands or damages (including actual and consequential) of any kind for the closing of a Member Account

Prohibitions on use of Site

  • (a) This Site and the information and Facilities contained herein must not be used in any manner that infringes Our rights. Users must not:-
    • (i) data mine or conduct automated searches on our Site or the Content on our Site, whether through the use of additional software or otherwise;
    • (ii) frame or mirror our Site;
    • (iii) tamper with, hinder the operation of, or make unauthorised modifications to the Site or any of its Content;
    • (iv) transmit any virus, worm or other disabling feature to or via our Site;
    • (v) access, monitor or copy any Content of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose;
    • (vi) abuse, defame, harass, stalk, threaten or otherwise violate Our or another user’s legal rights;
    • (vii) advertise or offer to conduct or forward surveys, contests, or chain letters from our Site or the domain;
    • (viii) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded by a User; and
    • (ix) use our Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth).
  • (b) Take down procedure
    • (i) We take all reasonable steps to be aware of Content published by Users on the site. We commit to remove all material as soon as practical after We are notified that Content may be a breach of copyright or other intellectual property rights, is defamatory or otherwise claimed to be illegal.
    • (ii) To notify Us of a claimed infringement of copyright please send a notification to info@whatisnearme.com.au that includes the following information:-
      • (1) the alleged material in which copyright is claimed and its location on our Site;
      • (2) information about the complaining party (Complainant) including for example:-
        • A. address
        • B. telephone number (land line and mobile);
        • C. email address;
      • (3) an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringing material;
      • (4) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
      • (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised to by the copyright owner, agent, or the law; and
      • (6) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringing.
  • (iii) Users acknowledge and agree that if We receive a notice of claim of copyright infringement, We may immediately remove the material from our Site without further notice.
  • (iv) To notify us of material that you believe should be removed from the Site other than because of alleged copyright, please send an email to info@whatisnearme.com.au

Provision of service

  • (a) We may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.
  • (b) We may also choose at Our sole discretion to block or deny any particular User with access to any of the Content or Facilities contained on the Site.
  • (c) We may make improvements and or changes to the Site and the Content at any time without notice. We do not warrant that the information architecture or navigation will not change now or at any time in the future.

Intellectual Property rights

  • (a) The Content on the Site including without limitation all text, graphics, images, photos, video, computer code, software, scripts, multimedia files, trademarks, features and logos are owned by or licensed to Manax and are subject to copyright and other intellectual property rights under Australian laws and international conventions.
  • (b) Manax reserves all rights not expressly granted in and to the Site and the Content contained therein.
  • (c) If You download, print or otherwise deal with any Content, You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content to enforce limitations on the use of the Site or the Content.

8. Disclaimer & limitation of liability

  • (a) No duty of care
    • (i) Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms and Conditions.
    • (ii) We make the Site available for Users to use, however we do not assume a duty of care to Users. We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Site.
    • (iii) If relying on the Content, Users must make their own investigations to ensure its accuracy before relying on the Content.
  • (b) Disclaimer of warranties
    • (i) Users expressly acknowledge and agree that, to the maximum extend permitted by law:-
        (1) their use of our Site is at their sole risk. The service is provided on an “as is” and “as available” basis. Manax and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
      • (2) Manax makes no warranty that:-
        • A. the Content will meet Users requirements;
        • B. the information contained in the Content is accurate or reliable;
        • C. the Content will be uninterrupted, timely, secure or error-free;
        • D. the quality of the Content, or other material obtained by Users will meet Your expectations; and
        • E. any errors will be corrected;
      • (3) any Content downloaded or otherwise obtained through the use of the Site is accessed at Your own discretion and risk, and you will be solely responsible for any damage to your computer or loss of data that results from the download of the Content; and
      • (4) no advice or information, whether oral or written, obtained by you from Manax or through or from the Content creates any warranty not expressly stated herein.
      • (c) Limitation of liability
        • (i) Except for certain statutory warranties under consumer protection laws We do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to that Content or your use of the Content on this Site.
        • (ii) Subject to any claims available under consumer protection laws, Manax, its officers, employees, agents are not liable for any loss or damage, including, but not limited to, any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:-
          • (1) any inaccurate or incorrect information provided on the Site;
          • (2) Users use of the Content;
          • (3) any failure or delay including, but not limited to, the use or inability to use any of the Content;
          • (4) any interference with or damage to Users’ computer systems which occurs in connection with use of this Content;
          • (5) the cost of procurements of substitute goods and Content resulting from any goods or Content purchased or obtained through the Content;
          • (6) any unauthorised access to or alteration of your account information;
        • (iii) For claims that cannot be excluded or restricted under consumer protection laws, the liability of Manax for such a claim will (at Manax’s option and to the extent permitted by law) be limited to:-
          • (1) in the case of goods:
            • A. repairing or replacing those goods; or
            • B. paying the cost of having those goods repaired or replaced; and
          • (2) if the breach relates to Content:
            • A. resupplying those or equivalent Content; or
            • B. paying the cost of having that Content resupplied.
          • (d) Links to third party sites
            • (i) We do not represent that the Content on other websites to which our Site contains links to does not inadvertently infringe the intellectual property rights of any person anywhere in the world.
            • (ii) By inadvertently linking to infringing third party content, We are not authorising infringement of any intellectual property rights contained on those websites. Please contact us at info@whatisnearme.com.au to notify us of any links you allege are infringements.

User submissions

  • (a) Manax does not assume responsibility for any information, material, or content posted by Users.
  • (b) The comments, suggestions, opinions, ideas and/or contributions made by Users are not endorsed by Manax, and We make no guarantee regarding the reliability, accuracy, nature, origin or quality of any User submissions. You acknowledge that You will evaluate and bear any risks related to Your use of any user submission, including any reliance on the accuracy, completeness or usefulness of such User submission.
  • (c) You retain all of Your ownership rights in Your User submissions, however by submitting the User submissions to Manax, you hereby grant Manax a worldwide, non-exclusive, royalty-free, sublicenseable , and transferable right and licence to use, reproduce, distribute, prepare derivative works of, display and perform the User submission in connection with the Site and Manax’s business, including without limitation for promoting, displaying, and redistributing part or all of the Site and derivative works thereof in any media now known or hereafter developed. You waive any “moral rights” you may have in the submission.
  • (d) Manax reserves its rights to remove Content and User submissions at its sole discretion and without prior notice or recourse.
  • (e) You hereby warrant and assure Manax that:-
    • (i) any User submission is your own original work and does not contain any trademarks, logos, copyrighted material, any other intellectual property belonging to any third party, or content subject to a third party’s right of publicity or privacy.
    • (ii) any User submission does not infringe any rights (including but not limited to copyright) of any third party.
    • (iii) You also grant Manax a worldwide, irrevocable, non-exclusive, right and licence to use, portray, display and publish your name, appearance, voice, likeness, photographic image, and biographical information, in any and all media now known or hereafter devised. This licence may be sub-licensed by Manax to others.
    • (iv) You agree to defend, indemnify and hold harmless Manax from and against any and all claims, damages, liabilities, costs and expenses (including without limitation reasonable legal fees and court costs) arising out of or relating to any submission to the Site.
    • (v) Any User submission must not disparage any person; it must not be indecent, obscene, hateful, tortious, untruthful, inaccurate, defamatory, slanderous or libellous; it must not promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
  • (f) Manax may, in its sole discretion, change these User submission terms and conditions at any time and such changes shall be effective immediately. It is Your responsibility to review any changes to these terms and conditions.

Miscellaneous provisions

  • (a) Access to the Site outside the jurisdiction No representation or warranty is made that the Content on the Site complies with the laws of any country outside of Australia. If Users access the Site from outside Australia, You do so at your own risk.
  • (b) RSS Feeds If Users utilise any of the Facilities on the Site such as RSS Feed(s) (“Feed”) that may or may not (as the case may be) be available from time to time, the format of the Feed must not be interfered with. Users must include the back link to the full article on the Site and show any included attestation.
  • (c) Trademarks We may be the owner of several common law (or where indicated) registered trademarks which appear on the Site. Unauthorised use of these trademarks will infringe our intellectual property rights. If You have infringed our rights in this regard we reserve our right to take action against You.
  • (d) Changes to Terms and Conditions We may change the Terms and Conditions at our discretion by providing notice on our Site. The version of the Terms and Conditions that applies to Users will be available on the Site each time a User visits the Site.
  • (e) Entire agreement These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with Our officers, agents or authorised representatives that includes any statements or representations, warranties (if any) whether express or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise excluded and cancelled by those contained in these Terms and Conditions.
  • (f) Indemnity By using the Site, Users indemnify Us and our respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that We may incur or suffer as a direct or indirect result of:-
    • (i) a breach of these Terms and Conditions of Use;
    • (ii) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from our Site;
    • (iii) any claims brought by or on behalf of any third party relating to any act or omission by You, including breach of a third parties copyright or trade mark.
  • (g) Governing law and jurisdiction The laws of Queensland and Australia govern this agreement. The user submits to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
  • (h) Severance If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining Terms and Conditions.
  • (i) Waiver If We do not act in relation to a particular breach by Users of these Terms and Conditions, this will not be treated as a waiver of Our right with respect to subsequent or similar breaches.