These terms and conditions (the "Terms") govern the access to and use of InfoCare Pty Ltd (ACN 613 185 354) websites and mobile applications (“the Platform”) by All Users and limits the liability of InfoCare to All Users.
- using or searching the Platform; and/ or
- completing a registration as a Member Provider on the Platform; and/or
- using the Platform to advertise your products and/or services.
The following terms are used regularly throughout these Terms and have a particular meaning:
- Advertiser means a Provider or business who has purchased advertising space on the Platform.
- All Users means Users, Providers and Member Providers.
- Fee means the fee payable by a Member Provider for access to, or use of a detailed Listing or advertising space on the Platform.
- Information or Content means all information and content on the Platform, in all media including without limitation content originated or generated by InfoCare or any User, Provider or Member Provider or third party including but not limited to data, text, images and multimedia and includes all digital/binary data structures and code utilised by the Platform.
- Listing means the publication of a service provider on the Platform.
- Member Provider means a Provider who has claimed a paid Listing on the Platform and also includes a person or entity who is an Advertiser.
- Platform means the web application accessible from www.infocare.com.au.
- Provider means support service or product provider.
- Provider Content means the Content that is entered into or created within the Platform by Providers or Member Providers, and includes all content generated by Advertisers for display on the Platform.
- Terms means these Terms of Service as may be amended from time to time in accordance therewith.
- Third Party means any person that is not a User, Provider or a Member Provider.
- User means anyone who visits the Platform but does not register as a Member Provider.
2. Change of Terms
InfoCare may change these Terms at any time, and such modifications will be effective as soon as they are posted on the Platform. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access or use of the Platform after these Terms have been modified, indicates your acceptance of the modifications.
3. Using the Platform
3.1 Site Availability and Hosting
- All Users agree that InfoCare shall provide access to the Platform to the best of its abilities, however it accepts no responsibility for ongoing access to the Platform
- All Users agree and accept that the functional elements of the Platform may be:
- hosted by InfoCare either on its own servers or using third party hosting services and shall:
- only be installed, accessed and maintained by InfoCare or its approved contractor;
- be accessed by Users, Providers and Member Providers via the Internet or other connection to InfoCare servers; and
- not be available ‘locally’ from the Users’, Providers’ or Member Providers’ systems; and
- managed and supported exclusively by InfoCare from InfoCare servers or third party hosting services and that no ‘back-end’ access to the Platform is available to the User, Provider or Member Provider unless expressly agreed in writing.
- InfoCare accepts no liability for loss of access to the Platform or data stored on the Platform that results from:
- the failure of a third party service;
- failure of hardware;
- a User’s, Provider’s or Member Provider ’s loss of a connection to the internet.
- The Platform may be hosted on servers located outside Australia and may also use email servers located outside of Australia.
- InfoCare may restrict access to the Platform from any location.
- By accepting these Terms, the User, Provider or Member Provider is granted a limited, non-exclusive and revocable license to access the Platform, in accordance with these Terms.
- In respect of Member Providers, the license to use the Platform as provided for in these Terms is subject to the payment of all Fees.
- All Users agree to only use the Platform for its intended legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by InfoCare in its sole and unfettered discretion.
- InfoCare may revoke, suspend or terminate All Users’ license(s) in its absolute discretion for any reason that it sees fit, including for breach of these Terms. InfoCare will ordinarily advise the User, Provider or Member Provider of any suspension or revocation however it is under no obligation to do so.
- Your license to access the Platform shall be ongoing unless terminated by InfoCare in accordance with these Terms.
- Users on the Platform may:
- search for Listings on the Platform; and
- visit detailed Listings of Member Providers and see products, special offers and other recommendations that may be featured on the Platform;
- obtain contact details or email Providers; and
- provide feedback and review Providers on the Platform.
- Providers on the Platform may:
- do all things a User may do; and
- claim a member/detailed Listing on the Platform.
- Member Provider
- A Member Provider must register a member profile to sign-in to the Platform and may:
- do all things a Provider may do; and
- post Information and/ or Content to the Listing;
- purchase additional advertising space;
- purchase featured Listing ‘add-ons’;
- track the number of leads that result from Users who have used the short listed feature;
- track the number of Users who click on its listing or profile page;
- use tools within the Platform to maximise recommendations to its listing and profile page;
- access premium listing features for a Fee advertised on the Platform.
- Users, Providers and Member Providers (‘All Users’)
- InfoCare shall authorise All Users to access the Platform in its absolute discretion. InfoCare accepts no liability for access to Information and Content by All Users authorised by InfoCare or using login details of users authorised by InfoCare.
- All Users are solely responsible for the security of any user name and password for access to the Platform.
- All Users are responsible for ensuring that users authorised to use the Platform comply with these Terms and are liable for any breach of them.
4. Warranties and Agreements
- A User warrants, acknowledges and agrees that:
- they may use the Platform for free.
- they will comply with these Terms.
- they will provide all information the InfoCare may require including (without limitation) email, telephone, residential or business address and/ or social media.
- Providers and Member Providers
- A Provider and a Member Provider warrants, acknowledges and agrees that:
- it will comply with these Terms.
- it will provide all information InfoCare may require including (without limitation) email, telephone, residential or business address, social media, referrals, registration documentation, references and/or formal photographic identification.
- it will comply with all privacy and anti-SPAM legislation in its jurisdiction.
- Fees charged for a member Listing or advertising will be advertised on the InfoCare website or otherwise disclosed in writing by InfoCare.
- Fees are payable in advance and the first payment is due at the time application is made for a member Listing or advertising.
- Fees may change from time to time at InfoCare’s absolute discretion. InfoCare will notify a Member Provider of any changes to fees in writing and will commence being charged at the new rate from the beginning of the next billing period.
- Where a Fee is paid for a particular period of time, the Member Provider shall not be entitled to a pro-rata refund of any Fees if it elects to stop using the Platform, or this Agreement is otherwise terminated within that period.
- InfoCare does not offer refunds except as required by law
- InfoCare shall issue the Member Provider an invoice for all Fees wherein all sums expressed are exclusive of GST, unless otherwise stipulated.
- All Users
- All Users warrant and agree to indemnify InfoCare against all costs, claims damages and expenses for any loss or damage caused to the person or property of a Third Party as a result of their use of or access to the Platform.
- Responsibility for Content
- InfoCare accepts no liability for the Information and Content on the Platform.
- The Provider or Member Provider is responsible for the accuracy, quality and legality of Provider Content and the User’s acquisition of it, access and/or use of Provider Content.
- Our Right to Use Your Content
- By accessing the Platform as a Provider or registering as a Member Provider, advertising, contributing, commenting, providing Provider Content, uploading images or files, inputting data, linking to data or files on third-party sites, or engaging in any other form of communication through the Platform you are creating content and you are granting InfoCare a royalty- free, perpetual, irrevocable, exclusive, unrestricted, worldwide license to:
- use, copy, sublicense, adapt, transmit, publicly perform or display any such Provider Content; and
- sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Provider Content.
- This licence shall include the right to exploit any proprietary rights in the content, including but not limited to rights under publicity, copyright, trademark or patent laws under any relevant jurisdiction.
- Moderation of Provider Content
- InfoCare reserves the right to filter, modify, publish and permanently remove Provider Content on the Platform in its sole and unfettered discretion
- To the extent permitted by law, InfoCare accepts no liability for the accuracy of any Information made available using the Platform. Any reliance on the information available through the Platform is at the User’s, Provider’s or Member Provider’s own risk.
- Any consent or statement made by a User, Provider or Member Provider through the Platform is valid and binding unless and until revoked by the User, Provider or Member Provider and InfoCare may rely on a consent or statement made through the Platform without any need to further verify the veracity of that consent.
- InfoCare collects usage and tracking data on All Users. InfoCare may disclose that usage and tracking data to third-parties for a fee. Where InfoCare discloses such information it will:
- ensure that the data is not capable of being used to establish the identity of an individual user (i.e. contain personal information); and
- Providers and Member Providers
- Providers and Member Providers must not share or upload to the Platform any content that may be considered explicit or inappropriate or that is unauthorised or infringes any Third Party rights including, without limitation, intellectual property rights.
7. Intellectual Property
- InfoCare has moral, legal and/or registered rights in its trademarks and the Platform and All Users must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to that intellectual property without the prior written consent of InfoCare.
- All Users agree and accept that the Platform and the Content on the Platform (excluding Provider Content) is the intellectual property of InfoCare and All Users further warrant that by using the Platform they will not:
- copy the Platform or any Information or Content on the Platform or the services that it provides;
- directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Platform or any Information associated with it.
- data scrape, web scrape or web harvest the Platform or any Information or Content on the Platform for purposes of extracting data and information for exploitation such as without limitation extracting Provider profiles for separate commercial listings or directories.
- The Platform may use software and other proprietary systems and intellectual property for which InfoCare has appropriate authority to use, and All Users agree that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. All Users warrant that they shall not infringe on any third-party rights through the use of the Platform.
8. Liability and Indemnity
- InfoCare does not warrant the suitability of the Platform or any Content or any outcome of its use.
- All Users agree that they use the Platform and Content at their own risk.
- To the extent permitted by law, under no circumstance will InfoCare be liable for any loss or damage arising in connection with or resulting from the use of the Platform by All Users or Third Party.
- All Users agree to indemnify InfoCare for any loss, damage, cost or expense that InfoCare may suffer or incur as a result of or in connection with their use of or conduct in connection with the Platform, including any breach by them of these Terms.
- In no circumstances will InfoCare be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from access to, or use of, or inability to use the Platform or any Content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not InfoCare knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
- To the extent permitted by law InfoCare’s liability in connection with these Terms, the Platform and any Content is limited to the price of any Fees charged under these Terms.
- InfoCare is not responsible for the privacy or security practices of any Third Party (including third parties that we are permitted to disclose an individual’s personal information to in accordance with our
- Expiry or termination of these Terms is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
- InfoCare does not verify or endorse any products or services listed on the website.
9. Choice of Law and Venue
These Terms are governed by the laws of the State of NSW in Australia. You hereby submit to the non-exclusive jurisdiction of courts within that jurisdiction.
InfoCare may terminate these Terms for convenience at any time on notice to you. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to the Platform if we reasonably suspect that you have committed a fraudulent act and/ or you are in breach of these Terms.
We hope we never have a dispute, but if we do, you agree to try for 60 days to resolve it with InfoCare informally. If your dispute with InfoCare relating to or arising out of these Terms is not resolved within 60 days, you must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution, prior to the formal commencement of any legal proceeding.
12. General Terms
- InfoCare reserves the right to modify, upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter or discontinue the Platform at our sole discretion, at any time, for any or no reason, and without notice or liability.
- InfoCare may provide you with notices, including those regarding changes to these Terms by email, regular mail or communications through the Platform.
- These Terms contain the entire agreement between you and InfoCare regarding the use of the Platform, and supersede any prior agreement between you and InfoCare on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- InfoCare takes the security of the Platform and the privacy of its users very seriously. You agree that you will not do anything to prejudice the security or privacy of InfoCare’s systems or the information on them.
- Any failure on InfoCare’s part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
- These Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with InfoCare’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this agreement.
- Any rights not expressly granted herein to InfoCare are reserved.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.