Your use of the www.founddigital.com.au website (Found Digital Website) owned by Life Events Media (ABN 82 118 014 982) (Found Digital, We, Our, or Us) is subject to:
We make the Found Digital Website available to you on the terms and conditions set out in this Agreement. You must only use the Found Digital Website in accordance with this Agreement.
By using the Found Digital Website You will be deemed to accept the terms and conditions contained in this Agreement and agree to be bound by it.
Certain legislation, including the Competition and Consumer Act 2010 (Cth) may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded or modified. To the extent that such legislation applies, this Agreement must be read subject to those statutory provisions and nothing in this Agreement is intended to alter or restrict the operation of those provisions.
We may change the Website Terms from time to time by publishing an updated version to the Found Digital Website.
By continuing to use the Found Digital Website, You will be deemed to have accepted the updated Website Terms and agree to be bound by them.
We may require You to register with Us in order to access some parts of the Found Digital Website.
You are solely responsible for the use of Your user account, and must ensure that You keep all passwords secure. You will be responsible for any access to the Found Digital Website using Your registration details, even if that access is by another person.
We reserve the right to modify, discontinue, or disable all or part of the Found Digital Website, on either a permanent or temporary basis, at any time. We will endeavour to provide You with prior notice of any modifications by posting on the Found Digital Website, however You accept it may not always be possible to provide prior notice.
We may suspend or terminate Your access to all or part of the Found Digital Website at any time if You breach the terms of this Agreement in Our reasonable opinion.
You must not post, transmit to or via the Found Digital Website any information or content which breaches any laws or regulations, infringes a third party’s rights or privacy or is offensive or contrary to any relevant standards or codes, including generally accepted community standards. You must not permit or enable another person to do any of those things.
You must not transmit any advertising, promotional materials, or similar materials without Our express written permission.
Examples of unlawful, infringing or offensive activity includes, but is not limited to, content that is:
We may withdraw or alter any material You provide Us for display on the Found Digital Website at our absolute discretion, including, without limitation, if We:
You must not transmit to or via the Found Digital Website any virus or any other information or material or otherwise use the Found Digital Website in a way which:
To the maximum extent permitted by law, We do not represent or warrant that the content on the Found Digital Website is accurate, reliable, suitable or complete. In particular, although We use reasonable care and skill in operating the Found Digital Website, We cannot guarantee that the Found Digital Website will be continuously available or virus free.
Except as set out below, we exclude all:
Where any statute implies any term into Your use of or any arrangement arising out of the accessing of the Found Digital Website and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by statute, however, Our liability for any breach of such term is limited to the resupply of services.
Except as set out under this section, We may be liable to You for breach of contract or negligence under the principles applied by the courts.
We exclude liability for any loss or damage to the extent that it is caused by You.
To the maximum extent permitted by law, We are not liable for damage or loss of any kind arising in connection with Your access to, or use of, or inability to use, the Found Digital Website.
You agree to fully compensate and hold Us harmless for any loss, damage, costs, expenses and penalties arising out of Your material breach of this Agreement or any negligence, or any act of fraud by You or on Your behalf.
You are not liable to Us for any loss to the extent that it is caused by Us.
The Found Digital Website may contain links to third party websites. The links are provided for Your convenience only, and do not indicate, expressly or impliedly, any endorsement by Us of the sites or the information, products, or services provided at those sites. You access those sites and use the information made available at those sites, solely at Your own risk.
Found Digital and its contractors make no representation about the accuracy or suitability of the information or links provided on this website. The information is provided on an ‘as is’ and ‘as available’ basis, without express or implied warranty. You use the information and links at your own risk. We take no responsibility for the content of Internet sites that link from the Found Digital Website.
You must not do anything which breaches or interferes with Our intellectual property rights.
All copyright and other intellectual property rights subsisting in the Found Digital Website and the material on the Found Digital Websites (including, without limitation, the software, design, text and graphics, and the selection and layout of the Found Digital Website) are owned by or licensed to Us and protected by copyright under the laws of Australia and other countries.
You may view the Found Digital Website and its contents using Your web browser.
You may not distribute, reproduce, frame, transmit (including broadcast), communicate, adapt, distribute, sell, publish, alter, modify or create derivative works from any content on the Found Digital Website except as permitted by statute or with Our written consent.
FOUND®, FOUND DIGITAL®, SENSIS®, the Sensis logo, YELLOWPAGES®, YELLOW™, LET YOUR FINGERS DO THE WALKING®,WHITEPAGES®, WHEREIS®, TRUELOCAL®, SKIP™, QUOTIFY® and its logo, among other marks, are trade marks owned by Us and/or Our subsidiaries.
You may not use any of the above trade marks, the names ‘Life Events Media Pty Ltd’ or ‘Found Digital’, or the names of any of Our related companies without our prior written consent.
This section applies if You submit, post, transmit, or otherwise make any material available via the Found Digital Website (Your Content).
Where You do so, You grant to Us a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferrable licence to use, reproduce, modify, adapt, publish or communicate to the public Your Content for the reasonable purposes of Our business, and the right to sublicense those rights to others. You also consent to any act or omission that would otherwise infringe any of Your rights (including Your moral rights) in Your Content.
You warrant that You have the right to grant the above licence, and that Our exercise of the licence rights above will not infringe the intellectual property rights of any third party, and that the content is not defamatory and does not breach any law.
We may review Your Content, but are not obliged to do so. We may also alter or remove any of Your Content at any time, including to ensure the functionality of our services.
The Copyright Act 1968 (Cth) protects materials such as films, music, books, and computer programs. You break the law if You download, copy, share or distribute this material, unless You are allowed to do so by the Act or You have the copyright owner’s permission.
Please don’t use Our services to do any of these things, because if You do, we may have to cancel Your services and the copyright owner could take legal action against You.
To the extent that any terms of this Agreement are inconsistent with any other terms displayed on individual pages of the Found Digital Website (other terms), the other terms will govern to the extent of the inconsistency only.
If We do not act in relation to a breach of the Website Terms by You, We do not waive any rights to act in relation to that breach or any later breach by You.
If You do not act in relation to a breach of the Website Terms by Us, You do not waive any rights to act in relation to that breach or any later breach by Us.
If any provision of this Agreement or the Website Terms is invalid or unenforceable in a jurisdiction, the provision should be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability. It will not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
This Agreement and the Website Terms are governed by the laws in force in Victoria, Australia.
You and We submit to the non-exclusive jurisdiction of the courts of Victoria and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.