Terms & Conditions (Please read them carefully).

Welcome to the My Community Directory site (the Site). These are our Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the internet, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the site, regardless of how you access the Site.

 

Use of this site

  1. My Community Directory Pty Ltd (ABN 136511512) is the owner and operator of the site.
  2. Users of the site, including General Public, and Members (Users) that agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the site (Terms & Conditions), which are subject to change at My Community Directory’s sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
  3. The Site is made available to the General Public for personal use only. Information provided to Members is to allow communication between Members. You may not use the Site or the Directory contained on the Site for any commercial purpose (other than for the adding to or correcting of information contained in the Directory), in accordance with the Terms & Conditions, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your organisation in any way such as creating potential customer lists. Any commercial use requires prior written approval from My Community Directory.
  4. The addition of your organisations information to the My Community Directory constitutes acknowledgement and acceptance by you that you and/or your Organisation have, as an end user entered into an agreement to access Directory services with My Community Directory using the My Community Directory Site.
  5. Content (Content) refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a listing on the site or directory.
  6. Additional terms and conditions for access to directory information for individuals or organisation other than members can be found at http://www.mycommunitydirectory.com.au.

 

  1. We can amend these Terms and Conditions
    We reserve the right to amend the My Community Directory Terms and Conditions at any time. Such variation(s) will become effective immediately upon publishing or posting or on such later date as My Community Directory may specify whether or not My Community Directory provides you and/or your company specific notice of any particular change. Your continued use of the Directory will constitute acceptance of the revised Terms and Conditions, so you should review the Terms and Conditions from time to time.
     
  2. What we expect from you
    You are required to:
    2.1 Ensure that the material you post or publish to the Directory is accurate, complete, up to date and suitable;
    2.2 Comply with all relevant Local, State and Commonwealth laws and regulations and, where applicable, all national and international laws and regulation;
    2.3 respect our and other users’ rights including but not limited to My Community Directory’s intellectual property rights subsisting in material available on or through the Site and Directory.
     
  3. What you are not permitted to do
    You will not:
    3.1 use the Directory for illegal purposes including without limitation by posting to the Directory information encouraging conduct that would constitute a criminal offence;
    3.2 post to the Directory telephone numbers that are listed on or form part of the Commonwealth Do-Not-Call Register;
    3.3 post to the Directory any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether remittable, registered or unregistered) or other rights of any person in any jurisdiction in the world;
    3.4 post to the Directory or, if applicable, any My Communty Directory site linked to your listing in the Directory, any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
    3.5 post to the Directory or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
    3.6 damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Site or the Directory;
    3.7 use the Directory to engage in misleading or deceptive on-line marketing practices;
    3.8 use the Directory to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email, or
    3.9 resell, rent or lease our Directory or use of, or access to, our Directory.
     
  4. Acknowledgments
    Users acknowledge that:
    4.1 My Community Directory do not review or exercise any direct supervision or control over the content or any material that you or others post on your behalf to the Directory or any associated link;
    4.2 My Community Directory is not responsible for the content or conduct of any site linked to or from the Directory Site;
    4.3 the Site and/or the Directory may experience interruptions and access difficulties from time to time and that My Community Directory will not be responsible for such interruptions or access difficulties.
     
  5. Intellectual Property
    5.1 All intellectual property rights in data, information and materials utilised in the Directory or on the Site including, without limitation, all software, tools, know-how, methodologies, equipment or processes, shall remain My Community Directory’s or our licensor’s sole and exclusive property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.
    5.2 By placing any information or other material in the Directory you grant us a non-exclusive, perpetual, royalty free, unrestricted, worldwide license to edit, reproduce, adapt, translate, exhibit, publish, make available to the public, redistribute, transmit, broadcast, publicly perform, transfer, sublicense and otherwise use such material. This grant includes the right to exploit all intellectual property rights in any such information or other material including but not limited to rights under copyright, trade mark or patent law in any jurisdiction in the world.
     
  6. My Community Directory Rights
    We reserve the right to:
    6.1 refuse to post or to remove any information and/or materials (in whole or in part) that My Community Directory, in our sole and absolute discretion, regard in any way objectionable or in violation of any applicable law or the Terms and Conditionswithout notice to you;
    6.2 modify, discontinue or terminate any services My Community Directory offer at any time without notice or liability to you; and
    6.3 cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law or the Terms of Use.
     
  7. Exclusion of Warranties
    7.1 We do not warrant that the Directory is error or fault free or that it will meet your requirements.
    7.2 Except as otherwise expressly stated in these Terms of Use, My Community Directory make no express or implied warranties to you and expressly exclude all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement, except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void.
     
  8. Limitation and Exclusion of Liability
    To the extent permitted by law:
    8.1 where the services My Community Directory provides to you are subject to warranties or terms implied by statute, general law, international convention or custom which cannot be excluded, restricted or modified our liability for breach of any such condition or warranty will be limited to the re-supply of the service(s).
    8.2 My Community Directory excludes any and all liability to you or any other person for any loss or damage, whether arising in contract, negligence or otherwise arising out of or in connection with any use of the Site or the Directory or information on or provided though the Site or the Directory.
    8.3 and without limiting sub clause (2), My Community Directory excludes all liability to you or any other person (whether in contract, negligence, tort, equity or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss or corruption of data or loss of goodwill, even if My Community Directory have been advised of the possibility of such loss or damage.
     
  9. Indemnity
    9.1 You agree to at all times indemnify us and our affiliates, our suppliers and their respective officers, employees, contractors and agents ("those indemnified") from and against any direct or consequential loss, costs, expenses (including reasonable legal fees), claims, damages, settlement, penalties, fines or other liability incurred or suffered by any of those indemnified which may arise out of your use of the Directory and/or the Site or any breach by you of these Terms and Conditions.
     
  10. Termination
    10.1 The Terms and Conditions are effective until the current Agreement is terminated, and My Community Directory may terminate Agreement and your right to publish or post information and material to the Directory at any time without notice.
    10.2 After the initial period either party may terminate the agreement, subject to the Terms of Use.
    10.3 In the event of termination you are no longer authorised to add your Directory listing to the Directory, but all restrictions imposed on you, licenses granted by you and all our disclaimers and limitations of liability set out in the Terms and Conditions will survive.
    10.4 In the event of termination of the agreement with My Community Directory will not be liable to you for any claims of any kind arising from removal of your Directory listing from the Directory whether on account of the loss by you of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created or on account of any other cause whatsoever.
     
  11. Circumstances beyond our control
    11.1 We will not be liable for any failure or delay in the performance of our obligations to you under the agreement if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God or other cause beyond our reasonable control including any mechanical, electronic, communications or third party supplier failure.
     
  12. Notices
    12.1 We may provide notices to you by simply posting the notice on the Site. This is in addition to any other mode of services permitted by law.
     
  13. General
    13.1 Any provision of the Terms and Conditionsthat is invalid, voidable or unenforceable will be deleted and the remainder will continue to have full force and effect.
    13.2 You may not assign any of your rights or obligations under the Agreement or under the Terms and Conditions without our prior written consent. We may assign our rights or obligations under the Agreement at any time without notice to you.
    13.3 Headings in this Agreement are for convenience only and shall not be used to interpret this Agreement.
    13.4 A waiver by us of a provision of or right under the Terms and Conditions is only binding on us if it is in writing and executed by us. In addition the waiver will only be effective in the specific instance and for the specific purpose for which it was given.
    13.5 The Terms and Conditions are governed by the laws of each and every Australian State and Territory and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of the State or Territory where their community listing originates.
     
  14. All rights not expressly granted in the Terms and Conditionsare reserved.
     
  15. Enforcement
    15.1 My Community Directory declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws specifically the Spam Act .
     
  16. Membership Refund Policy
    16.1 In the event that an orginsation wishes to terminate their Agreement with My Community Directory, that organisation may do so after the initial period.
    16.2 To terminate the Agreement the My Community Directory service you and/or your Company as the authorised company or individual must provide My Community Directory thirty (30) days’ notice of intention to terminate in writing addressed to My Community Directory Pty Ltd, PO Box 1724, COORPOOROO DC QLD 4151.
    16.3 Upon receipt of such a complying termination notice My Community Directory will confirm the notice with the authorised sender and refund any monies remaining and pre paid by the organisation, company or individual which extend past the thirty day notice period.
    16.4 If the organisation, or individual has a direct debit arrangement with My Community Directory via credit card, bank account or other means, My Community Directory undertake to authorise the cancellation of such an arrangement upon receipt and confirmation of the termination notice.
    16.5 In the event of My Community Directory terminating a Agreement and an advertiser’s listing under the terms of paragraphs 7 and 11 of these Terms of Use, My Community Directory will automatically refund any fees paid in advance by the organisation, company or individual as a matter of course.
     
  17. Members agree;
    17.1 To abide by the Terms & Conditions;
    17.2 To provide accurate, current and complete information at all times.
    17.3 To maintain the security of passwords and/or identification
    17.4 To be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other material My Community Directory whether publicly posted or privately transmitted to and from the account;
    17.5 Not to impersonate or misrepresent their affiliation with a particular organisation listing and products and services they provide;
    17.6 That My Community Directory has the right to suspend or terminate an Account and refuse any and all current or future use of the site or directory, without providing any reasons.
    17.7 My Community Directory will not claim ownership over the Content posted by a Member. The Member maintains any copyright or other legal rights they hold in the Content posted to the Site.

 


Copyright © 2009-2010 My Community Directory Pty Ltd | Terms & Conditions | Privacy Produced by Community Central & Beyond Web Development