Terms and Conditions of Use for the Australian Strata Services Directory

Terms and Conditions of Use for the Australian Strata Services Directory

The Australian Strata Services Directory (“the Directory”) is owned by LookUpStrata Pty Ltd (ACN 156 529 896) (“LookUpStrata”).
 
Before accessing the Directory or the website (collectively referred to as “the Site”) you must carefully read these Terms and Conditions (“Terms of Use”).

1. Acceptance of Terms of Use


By accessing, viewing or using the Site in any manner, you acknowledge and agree that you are bound by these Terms of Use. LookUpStrata reserves the right to amend or vary the Terms of Use from time to time. When you access or visit the Site each time, you agree to be bound by the then current Terms of Use.

2. Licence


2.1

Subject to your compliance with these Terms of Use, LookUpStrata grants you a non-exclusive, revocable and non-transferrable licence to access and use the Site (and its contents) purely for informational and directory purposes.


2.2

You are not permitted to trade, sell or otherwise exploit the Site and/or its contents for any commercial uses or purposes.

3. Copyright


3.1

The contents of the Site are copyright. All such copyright and any other intellectual property are absolutely owned by LookUpStrata or its related entities. We authorise you to view and store, without modification, digital or print copies of our copyright material contained in this Site, subject to the following conditions:


a)

Excepted as permitted by the Copyright Act 1968 (Cth), the contents (including any graphic or creative materials) of the Site shall not be reproduced or copied in any form or by any process, electronic or otherwise, for any purpose whatsoever, without the express written permission of LookUpStrata or the copyright owner.


b)

You may reproduce in whole or in part the materials of the Site only if the reproduction is not for public or commercial purposes and, you do not remove or modify any notices of attribution or copyright, or if there are no such notice, you clearly attribute LookUpStrata as the copyright owner of the relevant material.


c)

You may download individual listings for your own private use and for directory assistance purposes.


3.2

If you consider that any material posted on the Site contravenes your copyright or other intellectual property rights, please contact us.

4. Trade Marks


4.1

All trade marks (whether registered or unregistered), graphics, logos, symbols, slogans or other trade indicia (“collectively the Trade Marks”) which appear on the Site are the property of LookUpStrata or other respective owners (as the case may be).


4.2

Australia Strata Services Directory™ and logo are trade marks of LookUpStrata Pty Ltd (ACN 156 529 896).


4.3

By allowing you access to the Site, LookUpStrata and the respective owners of the Trade Marks do not grant you any rights to use any of these Trade Marks.


4.4

If you use any mark or sign that is:


a)

identical or deceptively similar to the Trade Marks;


b)

likely to cause confusion to customers; or


c)

likely to mislead or deceive customers,


you may infringe the Trade Marks and/or contravene the law.

5. Disclaimer of Liability


5.1

The Site contains marketing materials, advertisements and information provided by the listed businesses and other third parties. There are also links provided on the Site to other websites (“Linked Sites”).


5.2

The materials available on the Site may not necessarily be accurate or correct. There may be inaccurate information, errors, programming bugs or computer viruses in the Site or its contents. No person should act or fail to act on the basis of these materials.


5.3

LookUpStrata and its contractors make no representations about the accuracy or suitability of the information on the Site or Linked Sites. LookUpStrata is not responsible whatsoever for the Linked Sites.


5.4

To the maximum extent permitted by law, LookUpStrata (including its officers, directors, employees, agents and subcontractors) disclaims any liability in connection with the Site and/or your use of the Site. You use the information available on the Site and the Linked Sites solely at your own risk and acting on your own judgement. You accept all responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any Linked Sites and in relation to any information or material available from those Linked Sites.


5.5

LookUpStrata (including its officers, directors, employees, agents and subcontractors) exclude all of the following:


a)

warranties whether express, implied, statutory or otherwise, relating in any way to this Site or your use of the Site;


b)

liability (including for negligence) to you or any other person in respect of any loss or damage (including loss or costs due to unavailability of systems or loss of data and special, indirect or consequential loss such as loss of profits, loss of opportunity,) arising from or in connection with any use of the information on or accessed through the Site.


5.6

Further, LookUpStrata assumes no liability or responsibility for any of the following:


a)

Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;


b)

Any unauthorised access to or use of our servers by any third party, resulting in any disclosure, unauthorised use or loss of your personal information and/or financial information stored therein;


c)

Any interruption or cessation of transmission to or from the Site;


d)

Any bugs, viruses or the like which may be transmitted to or through our Site through the actions of any third party; and/or


e)

Any errors, omissions or inaccuracies in any content of the Site or for any loss or damage of any kind incurred as a result of the use of any content posted (including positing made by any user), emailed, transmitted or otherwise made available via the Site.


5.7

LookUpStrata does not warrant, endorse, guarantee or assume responsibility for any goods or services that you purchased from any third party through the Site or any Linked Site.


5.8

Where liability cannot be excluded by law then, to the extent permissible by law, any liability incurred in relation to any materials on the Site (or Linked Sites) is limited to the resupply of the services/materials or the reasonable cost of having the services/materials resupplied. Under no circumstance will LookUpStrata be liable for any incidental, special or consequential damages, including damages for loss of business, capital or other profit arising from, or in relation to, the use of any material on the Site (or Linked Sites).

6. Indemnity


6.1

You agree to indemnify and hold harmless LookUpStrata, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs) arising from:


a)

your use of and access to the Site;


b)

your breach of any term of these Terms of Use;


c)

your violation of any third party right, including without limitation any copyright, intellectual property or privacy right. This indemnity will survive these Terms of Use and your use of the Site.

7. Conduct


You must not do anything on or through the Site so as to interfere with or disrupt our service or other users, or any other user’s computers, software or hardware. Such actions include, but are not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, using the Site to gain unauthorised access to any other computer, sending, harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) of electronic mail messages and the replacement, transmission, posting or storage of any defamatory material on the Site. You agree to refrain from the bulk transmission of messages or unsolicited electronic mail. You must not access, nor permit any other party to access, the Site for any purpose or activity of an illegal, fraudulent or defamatory nature.

8. Data Mining


You must not whether through the use of software, application or by any other means, data mine or conduct automated searches on the Site or the data contained in the Site.

9. Maps


LookUpStrata uses digital map data on this Site under licence. You must not reuse, export, transmit, duplicate or publish the map data in any way (whether electronic or on paper).

10. No Financial or Investment Advice


The Site may contain information in relation to financial or property investments (“the Information”). The Information are meant as a guide only and do not constitute financial or investment advice. You should assess whether the Information is appropriate in light of your individual circumstances before acting on it. We recommend that you discuss any specific matters with your professional advisers.

11. No Endorsement


LookUpStrata makes no express or implied endorsement or recommendation of any third party, including any service or product offered or provided by that third party, that may be referred to in the Site or any links to or from the Site.

12. Linked Sites, Hotlinks and Framing


12.1

Linked Sites are provided for your convenience only and for informational purposes.


12.2

LookUpStrata does not warrant the accuracy, completeness or reliability of any Linked Site (and its contents) (“the Third Party Materials”), nor the suitability of any content located in those Linked Sites. LookUpStrata does not endorse or approve these sites, their contents or the entities or persons who operate or contribute to them or their products or services. You access the Linked Sites and use their products or services at your own risk.


12.3

LookUpStrata gives no warranty as to the accuracy or reliability of the Third Party Materials, and accepts no responsibility, for any errors or omissions in the Third Party Material however arising (including but not limited to errors or omissions arising as a result of any act or negligence of LookUpStrata or its employees, agents or representatives).

13. Cookies


When you visit the Site or use any of our services, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. LookUpStrata uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Site and our services may not function properly if the ability to accept cookies is disabled. We use cookies to enhance the functionality of the Site, provide personalised features and to generally improve the Site and our services. We do not share or sell any information collected by the cookies.

14. Viruses


LookUpStrata does not represent or warrant that any files or data obtained from or through the Site or any website are free from computer viruses or other defects. Any such files or data are provided on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your use of those files or data. LookUpStrata’s liability for such an event is limited to the resupply of those files or data.

15. Severability


If any of these Terms is or becomes void or unenforceable, that term will be severed from these Terms of Use and the rest of the terms remain in full force and effect.

16. Applicable Law


16.1

By using the Site, you agree to the following:


a)

The laws of Western Australia and where applicable, the Commonwealth of Australia, govern these Terms of Use.


b)

You unconditionally submit to the exclusive jurisdiction of the courts of Western Australia and where applicable, the Commonwealth of Australia, sitting in Perth, Western Australia.

Contact Us
If you have any queries or feedback, please send a letter or an email to the following address:
Postal address: P.O. Box 7242, Secret Harbour, WA, 6173
Email address: administration@lookupstrata.com.au