- Information contained on the Kwikfynd Websites has been provided by licensed users and third parties for hosting on the Kwikfynd Websites. Kwikcorp does not audit corroborate or check the accuracy of such information and accordingly disclaims any liability whatsoever for any form of reliance of any information on the Kwikfynd Websites.
- Kwikcorp cannot warrant the accuracy or up to datedness of any information on the Kwikfynd Websites and accordingly disclaims any liability whatsoever for any form of reliance of any information on the Kwikfynd Websites.
- Kwikcorp operates and administers the Kwikfynd Websites as a form of directory services and disclaims any liability whatsoever and howsoever caused to You or any associate of You by any person, company or entity contracted by You to perform services or to supply good and services or to provide both goods and services and otherwise referred to in the Kwikfynd Websites. Kwikcorp does not endorse any supplier or advertiser referred to on the Kwikfynd Websites.
- No supplier or provider of goods and services hosted on the Kwikfynd Websites and being a client advertiser of Kwikcorp (Client) or any other supplier is an agent or partner of Kwikcorp and no supplier or provider of goods and services referred to in the Kwikfynd Websites has any authority whatsoever to contract for and on behalf of Kwikcorp or to enter into any form of legal relations or make any form of representations on behalf of Kwikcorp.
- Kwikcorp disclaims any liability whatsoever for any unauthorised access and unauthorised variation of materials on the Kwikfynd Websites.
- Kwikcorp reserves the right to vary or add to these terms at any time which once published on the web, shall thereafter apply.
- In accessing or using the Kwikfynd Websites You agree that You will not:
- use any device, software, process or means to hinder or interfere or attempt to hinder or interfere with the proper working of the Kwikfynd Websites;
- use any automated device, software, process or means to access, retrieve, scrape, or index the Kwikfynd Websites or any content on the Kwikfynd Websites;
- undertake any action that will impose a burden or make excessive traffic demands on the server capability of Kwikfynd Websites to an extent that Kwikcorp may deem, in its sole discretion to be unreasonable or disproportionate site usage;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- use the Kwikfynd Websites to transmit spam, chain letters, contests, junk email,
- undertake surveys, or other mass messaging, whether commercial in nature or not;
- use any content on, or index the Kwikfynd Websites for purposes of constructing or populating a searchable database of Kwikcorp for the purpose of competing with Kwikcorp or its licensed advertisers or users in any manner;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- act in violation of any term of use or other condition posed by Kwikcorp or any applicable law;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Kwikfynd Websites or any content on the Kwikfynd Websites, except as expressly authorised by Kwikcorp; or
- transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses, cookies or other items of a destructive nature.
- Kwikcorp reserves the right to exercise whatever means it deem necessary to prevent unauthorised access to or use of the Kwikfynd Websites, including, but not limited to, implementing blocks, walls or technological barriers; or reporting your conduct to any person, authority or entity.
B. Third Party Links and Advertising
- The Kwikfynd Websites often include advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to the websites of relevant suppliers of services, products, images or information. Those third party websites do not form part of the Kwikfynd Websites and are not under the control of or the responsibility of Kwikcorp. Should You link to those alternate websites and You leave the Kwikcorp Websites You do so entirely at your own risk. Kwikcorp and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and Kwikcorp and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by You through relying on anything contained on or omitted from such third party websites.
- A display of advertising on the Kwikcorp Websites or any third party websites does not imply an endorsement or recommendation by Kwikcorp.
- The subject matter on and accessible from the Kwikfynd Websites is operated by Kwikcorp including documents and images, and is subject to copyright. Apart from fair dealing permitted by the Copyright Act 1968 (as amended), Kwikcorp confers visitors to the site permission to download copyright material only for private and non-commercial purposes provided that in the case of photographs the Image is altered with embedded or overlaid text and/or other images that cannot be separated from the Image. The overlaid or embedded text or other images must cover an area equal to or greater than 33% of the display size of the Image. If the Image is not altered with embedded or overlaid text and/or other images that cannot be separated from the Image, the dimensions of the image cannot be greater than 960,000 pixels in the aggregate.
- For reproduction or use of material derived from Kwikfynd Websites beyond such uses referred to in the preceding clause, written permission must be obtained directly from Kwikcorp or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
D. Spam Policy & Terms
- You shall not manipulate identifiers, such as email headers, to disguise the origin of any content transmitted to or through Kwikcorp computer systems.
- You shall not relay any emails from a third party's mail servers without the permission of that third party and send same to any of Kwikcorp's computer systems.
- You shall not use or cause to be used Kwikcorp's computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that You may upload, post, email, transmit, or otherwise make available.
- You shall not use "robots" or otherwise harvest other's email addresses from the Kwikcorp site for purposes of sending unsolicited or unauthorized material.
- You shall not upload, post, email, or transmit the same message, URL, or post multiple times.
- You shall not disrupt the normal flow of dialogue, or cause the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects the utility or functionality of the Kwikfynd Websites.
- Kwikcorp reserves the right to vary or add to these terms at any time which once published on the web, shall thereafter apply.
- Use of the Kwikfynd Websites is governed by the laws of the State of New South Wales in the Commonwealth of Australia and You agree to submit to such jurisdiction in the event of a dispute with Kwikcorp.
- Kwikcorp shall collect and maintain personal information through the Kwikfynd Websites.
- The Kwikfynd Websites actively collects information from its participants such as first and last name, age, city and state, email address, gender, birth date, and information through signup forms, applications, voluntary surveys, sweepstakes, contests, purchases, and participation in public forums such as bulletin boards.
- Kwikcorp may share information provided by You with any related company of Kwikcorp as defined in the Corporations Act 2001 or any contracted user licensee who have contracted to be hosted with Kwikcorp as part of the Kwikfynd System to promote or market their services or products (Client).
- Kwikcorp may retain employees and /or contractors to provide services involving the development or administration of information held by Kwikcorp and whilst Kwikcorp may exercise reasonable endeavours to protect confidentiality for such information, it shall not be liable for any breach or consequential loss arising from any use of such information in breach of undertakings or agreements by such persons to Kwikcorp.
- Kwikcorp may share information excluding identifying information with third parties for purposes such as statistical analysis without your further consent.
- Kwikcorp may provide information with your identification details to third parties if You have otherwise provided prior consent to such form of information to be shared.
- Kwikcorp reserves the right to passively collect information related to site usage such as time spent on site, areas visited, and sites linked to and from. In the future, the site may collect additional information and may install cookies on members' hard drives.
- Kwikcorp reserves the right to allow members to make personal information available in public forums such as bulletin boards, to the extent the members choose to disclose such information.
- If You contact any employee or affiliated person, a record of that correspondence may be kept.
- Use of the web-site is governed by the laws of the State of New South Wales in the Commonwealth of Australia and You agree to submit to such jurisdiction in the event of a dispute.
- Kwikcorp is a subscriber to GeoTrust Rapid SSL with up to 256-bit SSL encryption and True Site Seal.
F. Content Provided By Third Parties
- The Kwikfynd Websites will contain content material provided to Kwikcorp from other parties including but not limited to client's web advertisers and advertisers generally ("Third Party Content"). Kwikcorp does not monitor or check the veracity of any statements or materials provided to Kwikcorp or veracity of Third Party Content nor scrutinize uploaded Third party Content. Kwikcorp is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Kwikcorp. You rely on any Third Party Content completely at your own risk.
- For the purposes of the preceding clause You acknowledge that under the Kwikfynd system and the operation of Kwikfynd Websites that client advertisers may through the Kwikfynd system upload their own content and materials on the Kwikfynd Websites.
- You agree to indemnify and hold Kwikcorp, its subsidiaries and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable legal fees) arising out of, or in connection with your use and access to the Kwikfynd Websites not in accordance with these terms.
H. Limitation Of Liability
- Certain rights and remedies may be available under or by reason of the Competition and Consumer Act 2010 (Cth) and similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Kwikcorp exclude all conditions and warranties that may be implied by law.
- Subject to clause 41 below and the extent permitted by law, the liability of Kwikcorp for breach of any implied warranty or condition that cannot be excluded is restricted, at its option is limited to:
- the re-supply of services or payment of the cost of re-supply of services; or
- the replacement or repair of goods or payment of the cost of replacement or repair.
- To the extent permitted by law Kwikcorp shall not be liable to You or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, of whatsoever kind including but not limited to any loss of profits, loss of revenues, loss of customers lost profit, loss of revenue, loss of goodwill, loss of customers, loss of reputation or loss of property or information or for reputational damage suffered or incurred by or awarded against You under or in any way connected with this agreement or the Kwikfynd Websites.
- The aggregate liability of Kwikcorp and its related entities (and the officers, agents, partners and employees of each of the forgoing) to You, to the extent permitted by the law (see clause 39 above) shall be limited to one hundred dollars (AUD$100.00).
I. Price of Services
- Unless otherwise indicated, prices noted are inclusive of GST and in Australian dollars (AUD).
- Kwikcorp will not be obliged to commence any work until You apply for the service by completing an Order form and providing that form to Kwikcorp.
- Kwikcorp reserves the right to accept or reject any orders received.
J. Variations and Cancellations
- You may request that your order be varied by providing such a request in writing to Kwikcorp. A request for a variation must be agreed to in writing by Kwikcorp in order to have effect.
- If You wish to vary your requirements after the placement of an Order, Kwikcorp reserves the right to vary the price to include any Additional Charge in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates.
- A variation agreed to by Kwikcorp constitutes a new Order. A revised Order form issued by Kwikcorp in respect of the requested variation supersedes the original order. If the revised Order only specifies additional services to be provided, the Order for those additional services to be provided will be in addition to the immediately preceding Order.
- You shall give Kwikcorp not less than seven (7) days prior written notice of any cancellations upon which your order will be withdrawn, any part monthly fee that has been incurred will be charged at the full monthly rate.
- An initial one off and non-refundable Setup Fee is charged and payable upon completion of the Order.
- Monthly payment is charged and payable one month in arrears from the anniversary date of the Order.
- Time of payment will be of the essence or such alternative date as is agreed.
- Where payment is not made by the due date, regardless of its other remedies, Kwikcorp will be entitled to charge interest calculated daily at a rate which is 2% above the current cash rate set by the Reserve Bank of Australia from the due date
up until the date full payment is received.
- If any payment is dishonoured or countermanded by You, Kwikcorp will have the
right to charge You a one hundred dollar (AUD$110.00) administration fee.
- You and Kwikcorp agree to comply with their obligations in relation to Goods and Services Tax ('GST') under the A New Tax System (Goods and Services Tax) Act
1999 and any other applicable legislation governing GST.
- GST and other taxes and duties that may be applicable shall be added to the Price
except when they are expressly included in the Price.
- If any invoice is due but unpaid, Kwikcorp may withhold the provision of any further