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TERMS AND CONDITIONS
These Terms and Conditions are applicable to all business listings hosted by Fembuiz Directory on its business listing database at www.fembuiz.com.au.
“Contract” means the agreement between Fembuiz and the Member under these Terms and Conditions;
“Term and Conditions” means documents including these Terms and Conditions; and the approved and authorised application form;
“Fembuiz” means Fembuiz Directory, owned and operated by Rebecca Bennett (ABN 3912 124 6880);
“Listing” means a business listing on the Website advertising the Member’s business and services;
“Member” (or you) means the business or their authorised representative that has entered into a Contract with Fembuiz in relation to the inclusion on the Website of a Listing in the directory, or other advertising content;
“Member Content” means all information, including but not limited to data, text, images and multimedia, that is displayed in a Listing on the Website or directory;
“Users” means users of the Website; and
“Website” means the website located at www.fembuiz.com.au.
Acceptance of Terms
2.1 Members agree to be bound by these Terms & Conditions.
2.2 Fembuiz, in its sole discretion, may vary these Terms and Conditions at any time without notice. The changes will be effective as soon as they have been posted on the Website. You should check the Terms and Conditions from time to time so you are aware of any changes to the site and services. Your continued use of Fembuiz after any modifications indicates you have accepted the new Terms and Conditions.
3.1 In signing up, Members agree:
(a) the Member is at least 18 years of age;
(b) the business is owned by a female or promoting a female worker working for a female or male owned company;
(c) the Member is the registered business owner or authorised representative of the business being registered on the Website;
(d) the Members’ ABN and tax registration is not Fembuiz’s responsibility;
(e) the Member will not impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;
(f) the Member will not use the Website for any purpose or in any way which is contrary to the Terms and Conditions or which is unlawful, including but not limited to breaching intellectual property rights, listing any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
(g) the Member will not submit or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
(h) the Member will not damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to Fembuiz or do anything that compromises the security and/or stability of the Website or the directory;
(i) the Member will not use the Website in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited commercial material.
(j) the Member will maintain the security of passwords and/or identification;
(k) Fembuiz has the right to suspend or terminate a Member’s account and refuse any and all current or future use of the Website or directory.
4.1 All Member Content submitted will be pre-screened prior to being uploaded to the Website. Fembuiz reserves the right to deny or remove the publishing of Member Content as Fembuiz sees fit.
4.2 Fembuiz takes no responsibility for any of the Member Content.
4.3 Sexual services are not permitted to be advertised on Fembuiz.
4.4 The Member warrants that:
(a) the Member will provide accurate, current and complete information at all times and make every effort to keep all details in their Listing as up to date and relevant as possible and remove Content that is no longer applicable/ accurate (eg. opening times, contact details);
(b) any pictures used in a Member’s Listing must be a true representation of their business, product or service and will not be misleading in any way.
(c) the Member is responsible for any Content submitted, posted or made available through the Website via their account. You may not post (or allow) Content to be posted through your account that:
(a) you do not have the right to post;
(b) is defamatory or in contempt of any legal or other proceedings;
(c) is misleading or deceptive;
(d) contains adult content, advocates illegal activities or otherwise contains objectionable material;
(e) incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
(f) denounces religious or political beliefs;
(g) includes religious or political material which is or is likely to be offensive;
(h) is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
(i) infringes any copyright, trade mark, patent or other intellectual property right of another person;
(j) contains any unsolicited or unauthorized advertising or promotional material;
(k) contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware.
(d) the Member understands and agrees that Fembuiz may retain server and backup copies of the Member’s Content even if the Member has altered, removed or deleted the Content from public display.
5.1 All intellectual property in relation to information included on the Website belongs to Fembuiz, and Members obtain no interest in that property. Members may not do anything which interferes with or breaches those intellectual property rights.
5.2 Apart from fair dealing permitted by the Copyright Act 1968, and unless expressly stated otherwise, Members are not permitted to copy, or republish anything on the Website without the copyright or trademark owners’ permission.
Fees and Charges
6.1 The prices of services, delivery and other charges shown are in Australian dollars and include 10% GST where applicable unless otherwise stated.
6.2 The Member shall be charged the applicable fees for a Listing, as may change from time to time, depending on the Listing package chosen by the Member.
6.3 Upon receipt of the approved and authorized order form by Fembuiz, the Member will be issued with a tax invoice inclusive of GST. The Member must pay all fees and charges as set out in the approved and authorized order form upon receipt of the tax invoice on the payment dates set out in that document.
6.4 The Member is expected to adhere to the payment terms and payment method agreed to on the order form.
Term of Contract
7.1 The Contract begins on the date a Member’s registration is approved and expires at the end of the term which has been selected by the Member.
7.2 Each Listing will have a term of either one (1) or two (2) years depending on the package selected by the Member, commencing from the date of its activation.
Cancellation and Refund Policy
8.2 If at any time you wish to cancel your Listing, please notify Fembuiz by email to firstname.lastname@example.org.
8.3 For all new Contracts there is a 14 day cooling off period. During this period, Members can choose to cancel their Listing and have a full refund of payments made within 14 days of the transaction.
8.4 The Member acknowledges and agrees that in the event that the Member chooses to cancel their Listing before the end of the term for any “change of mind” reason, there shall be no refund or compensation paid to the Member by Fembuiz.
8.5 Fembuiz will only refund (on a pro rata) basis the price of the Listing if the service has been provided with an unacceptable level of care and skill or is unfit for the purpose you asked for, as set out under the Australian Consumer Law.
8.6 Fembuiz may without notice terminate a Member’s Listing and all its obligations to the Member if the Member fails to comply with any of its obligations to Fembuiz.
8.7 From termination Fembuiz ceases to have any obligation to supply services to the Member.
Liability and Indemnity
9.1 Fembuiz is not responsible for the quality of the service provided by the Member.
9.2 Fembuiz is not liable to the Member for any claim for loss or damage arising from the publication or non-publication of the Member’s listing or Member content on the website.
9.3 The Member indemnifies Fembuiz against any successful claim by any third party against Fembuiz in respect of any matter arising from the operation, use, or transfer of data to and from Fembuiz by the Member.
9.4 By lodging material including electronic material or data for publication or authorizing or approving the publication of any material with Fembuiz, the Member indemnifies Fembuiz and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and, without limiting the generality of the above, Members indemnify Fembuiz and its directors, employees and agents against any claims arising from:
(a) defamation, libel, slander of title;
(b) infringement of copyright;
(c) infringement of trade marks or names of publication titles;
(d) unfair competition;
(e) breach of trade practices, privacy or fair trading legislation; and
(f) violation of rights of privacy or confidential information or licenses or royalty rights or other intellectual property rights.
9.5 Fembuiz is not responsible for the safety of the Member when providing services.
9.6 The Member indemnifies Fembuiz for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the directory service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained on the Website or any of its associated material.
9.7 Members indemnify Fembuiz and its directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from the Member’s use of the Website.
11.1 Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law.
11.2 If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
11.3 If Fembuiz does not exercise or enforce any right or provision under these Terms and Conditions, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms and Conditions will only be effective if it is in writing and signed by Fembuiz.
11.4 Any notice to be served to Fembuiz under these Terms and Conditions must be served personally to Fembuiz by post at PO Box 812, Rockingham WA 6968 or by email at email@example.com.
11.5 All rights not expressly granted under these Terms and Conditions are reserved by Fembuiz.