Terms &Conditions of Use
FINDAPART.COM.AU'S SERVICES (SERVICES) INCLUDE PROPRIETARY MATERIAL, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME WITHOUT NOTICE TO YOU.
This Terms Of Services Agreement (TOS) is an agreement between you and TRICK Media/Findapart Services (findapart.com.au), a Sydney company located at PO Box 633, Sylvania Waters NSW 2224 Australia (Company).
I. ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT The Services, provided by Company is provided to you (“User”) under the terms and conditions of this End-User Agreement, and any amendments thereto and any operating rules or policies that may be published from time to time by Company , all of which are herby incorporated by reference. The End-User Agreement comprises the agreements pertaining to the subject matter contained herein. BY COMPLETING THE REQUEST FORM OR SIGNING UP AS A VENDOR, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE.
II. DESCRIPTION OF SERVICES Company currently provide users with access to a large selection of Vendors, Wreckers and Dealerships for a variety of vehicles and makes through-out Australasia and the Pacific Region. Unless explicitly stated otherwise, any new feature that augment or enhance the current Service, including the release of new Software, Features or Web Sites, shall be subject to this TOS. You understand and agree that the Service is provided “AS-IS” and that Findapart.com.au assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personalized settings or distribute appropriate part requests.
III. USER’S REGISTRATION OBLIGATIONS User must be at least thirteen (13) years old to register for the Services. Users under the age of thirteen (13) must have their parent’s or legal guardian’s consent to register for the services. In consideration of use of the Services, User agrees to: (a) Provide true, accurate, current and complete information about User as prompted by the registration and part request form; and (b) to maintain and update this information to keep it true, accurate, current and complete. This information about a User shall be referred to as “Registration Data.” If any information provided by User is untrue, inaccurate, not current or incomplete, Company have the right to terminate User’s account and refuse any and allcurrent or future use of the Services.
V. MEMBER ACCOUNT, PASSWORD AND SECURITY A Vendor will receive a password and account designation upon completing the Service’s registration process. User is responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under user’s password or account. User agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account and the end of each session. Company cannot and will not eb liable for any loss or damage arising from User’s failure to comply with this Section 5.
VI. USER CONDUCT User agrees to abide by all applicable local, state, national and international laws and regulations in User’s use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other Users. User agrees to be solely responsible for the contents of the User’s private and public communications posted, emailed, or otherwise transmitted through the Services. User agrees (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; and (d) not to resell the Services or use of or access to the Services; User agrees not to post, email or otherwise transmit through the Services; (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including by not limited to the intellectual property rights of another; (c) any material that violates any applicable local, state, national or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, “junk mail”, “SPAM”, “chain letters,” or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User agrees and acknowledges that Findapart.com.au may ban User from future user of the Services, even if User attempts to use the Services through another partner or under a different name. Furthermore, User agrees and acknowledges that Findapart.com.au may recover damages from User if User abuses these terms.
VI. INDEMNITY User agrees to indemnify and hold Company and their third party service providers, and their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of User’s use of the Services, user’s connection to the Services, User’s violation of the Terms Of Service, or User’s violation of any rights of another.
X. NO RESALE OF SERVICE User agrees not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service - These quote requests are the private property and copyright of TRICK Media/FINDAPART. Findapart.com.au quotes are intended for one company only, at one location only. Findapart.com.au quotes may not be resold, redistributed, republished, reissued, or given to any person, company or corporation. Do not spam the person requesting a quote with off topic email. Reselling leads will be prosecuted without warning.
XI. STORAGE OF COMMUNICATIONS Company and their third party service providers assume no responsibility for the deletion or failue to store email messages, communications or other content maintained or transmitted through the Services. Company may establish an upper limit on the size of message storage it will maintain for User.
XII. TERMINATION a. User agrees that Company, Partner or their third party service providers may terminate User’s password, account or use the Services if Company, Partner or their third party service providers believe (a) that user has violated or acted inconsistently with the letter or spirit of the Terms of Service Agreement; or (b) that User has violated the rights of Company, Partner or their third party service providers or other Users or parties. User further agrees that Company, Partner, and their third party service providers may terminate User’s password, account or use of the Services if user fails to use the Services at least one time during a reasonable period of time determined by Company from time to time, which shall not be less than ninety (90) days. User also agrees that Company, Partner, or their third party service providers may also terminate User’s password, account or use of the Services if User fails to make the appropriate service payments on a regular basis if User is a Vendor. b. User acknowledges and agrees that any termination of Services under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Company may immediately delete user’s account and all related information, communications and files, and bar any further access to such account, communications, files or the services.
XIII. MODIFICATIONS TO SERVICE Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. User agrees that Company, Partner and any of Company’s third party service providers shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Service.
XIV. DEALINGS WITH ADVERTISERS AND VENDORS User’s correspondence or business dealings with, or participation in promotions or, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between User and the Advertiser or Vendor. User agrees that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
XIIV. COMPANY’S PROPRIETARY RIGHTS User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Company, Partner, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
XV. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Company has no control over such sites and resources, User acknowledges and agrees that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. User further acknowledges and agrees that Company shall not be responsible or liable, directly or indirectly, fro any damage or loss cause or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
XVI. DISCLAIMER OF WARRANTIES a. USER EXPRESSLY AGRESS THAT USE OF THE SERVICES IS AT MEMBER’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. b. COMPANY AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. c. COMPANY AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER’S REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USER OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. d. USER UNDERSTANDS AND AGRESS THAT ANY INFORMATION, CONTENT, DATA OR OTHER MATERIAL DOWNLOADED OR OTHER OBTAINED THROUGH THE USE OF OR FROM THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMANAGE TO SUER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. e. COMPANY AND THEIR THRID PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES. f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY OR THEIR THIRD PARTY SERVICE PROVIDERS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. g. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER. XVII. LIMITATION OF LIABILITY a. USER AGRESS THAT COMPANY AND THEIR THRID PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTS FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FROM COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF COMPANY OR THEIR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. b. USER FURTHER AGREES THAT COMPANY AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTANT OR ADVERTANT. c. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
XVIII. NOTICE Notices to User may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to User generally on the Service.
XIX. TRADEMARK INFORMATION The Findapart Logo, the Findapart Network of Web Sites, other Findapart logos and products are Trademarks of Findapart.com.au (the “Findapart.com.au Marks”). Without Findapart.com.au’s prior permission, User agrees not to display or use in any manner, the Findapart.com.au Marks.
XIIX. GENERAL INFORMATION The TOS constitute the entire agreement between User and Company and govern User’s use of the Service, superceding any prior agreements between User and Company. User may also be subject to additional terms and conditions that may apply when User uses affiliate services, third-party content or third-party software. The TOS and the relationship between User and Company shall be governed by the laws of the State of NSW without regard to its conflict of law provisions. User and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the State of NSW. The failure of Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever banned. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Bouncing email: If your provider bounces our leads or installs a spam filter which files our leads in the black hole of cyberspace FINDAPART.com.au will provide you a free email account on one of our servers. The email address must identify you or your company. Your email address would be either (your company name)@findapart.com.au or your (first.last name)@findapart.com.au