1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|"Account"||means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;|
|"Ad"||means an advertisement posted on Our Site by an Advertiser, providing details of the item or service offered by the Advertiser;|
|"Advertiser"||means a User that posts an Ad on Our Site;|
|"Content"||means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;|
|[“Third Party Advertiser”]||means a party responsible for Third Party Advertising displayed on Our Site;|
|[“Third Party Advertising”]||means advertising displayed on Our Site in addition to Ads, as detailed in Clause 10;|
|“User”||means a user of Our Site; and|
|“We/Us/Our”||means Mactumbo Trading Pty Ltd [, a company registered in Australia under ACN: 164 858 744, whose registered address is Suite 161, 1 Queens Road, Melbourne VIC 3004 and whose main trading is as above.|
2. Our Site, www.mactumbo.com.au, is [owned and] operated by Mactumbo Trading Pty Ltd [, a limited company registered in Australia under ACN: 164 858 744, whose registered address is Suite 161, 1 Queens Road, Melbourne VIC 3004 and whose main trading is as above.
3.1 Access to Our Site is free of charge
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of Our Site (including the ability to post Ads) may require an Account in order to access them.
4.2 You may not create an Account if you are under 16 years of age. [If you are under 16 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.].
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We [require] OR [recommend] that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. [You must not share your Account with anyone else.] If you believe your Account is being used without your permission, please contact Us immediately at firstname.lastname@example.org. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account [without the express permission of the User to whom the Account belongs].
4.6 Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 15.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.8 If you close and delete your Account, any Ad(s) you have posted to Our Site will [also be deleted and the licence granted to Us under sub-Clause 6.4 will be terminated].
5.1 With the exception of the content of Ads, all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including that in Ads) is protected by applicable Australia and international intellectual property laws and treaties.
5.2 Subject to the licence granted to Us under sub-Clause 6.4, Advertisers retain the ownership of copyright and other intellectual property rights subsisting in their Ads (unless any part of an Ad is owned by a third party who has given their express permission for their material to be used in the Ad).
5.3 You may:
5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching;
5.3.3 Print [one copy of any] page[s] from Our Site;
5.3.4 Download, copy, clip, print, or otherwise save extracts from pages on Our Site; and
5.3.5 Save pages from Our Site for later and/or offline viewing.
5.4 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
5.5 Subject to sub-Clause[s] 5.3 [and 5.7] you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please contact Us at email@example.com
5.6 [Nothing in these Terms and Conditions limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]
6.1 An Account is required if you wish to post an Ad. Please refer to Clause 4 for more information.
6.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.You agree that you will be solely responsible for your Ad(s). We accept no responsibility for the content of Ads. Specifically, you agree, represent and warrant that you have the right to submit the Ad(s), that all information in the Ad(s) is accurate and truthful, that all such information will be kept accurate and up-to-date, and that all such Ad(s) will comply with Our Acceptable Usage Policy, detailed below in Clause 7.
6.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.4 You (or your licensors, as appropriate) retain ownership of the content of your Ad(s) and all intellectual property rights subsisting therein. By submitting an Ad, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Ad for the purposes of operating and promoting Our Site.
6.5 If you wish to remove an Ad, you may do so by logging into your account and deleting the products/services. If you want to terminate your account, please email your details to firstname.lastname@example.org. We will use reasonable efforts to remove the Ad in question from Our Site. [Removing an Ad also revokes the licence granted to Us to use that Ad under sub-Clause
6.6 Please note, however, that caching or references to your Ad may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.7 We may reject, reclassify, edit, or remove any Ad from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Ad in question should be removed as a result.
7.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 7. Specifically:
7.1.1 you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
7.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
7.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
7.1.3 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
7.2 When posting an Ad (or communicating in any other way using Our Site), you must not post, communicate or otherwise do anything that:
7.2.1 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.2.2 promotes violence;
7.2.3 promotes, assists in, or constitutes any form of unlawful activity;
7.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
7.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.2.6 is calculated or otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the subject matter of the Ad or any other Ad or Advertiser on Our Site);
7.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
7.2.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
7.2.9 implies any form of affiliation with Us where none exists;
7.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
7.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.3 [Ads for the following types of items and/or services may not be posted:
7.3.1 Selling Animals
7.3.3 Trading Animals
7.4 We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
7.4.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
7.4.2 remove any Ad posted by you which violates this Acceptable Usage Policy;
7.4.3 issue you with a written warning;
7.4.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
7.4.5 take further legal action against you as appropriate;
7.4.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7.4.7 any other actions which We deem reasonably appropriate (and lawful).
7.5 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
8.1 You may link to Our Site provided that:
8.1.1 you do so in a fair and legal manner;
8.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
8.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
8.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
8.2 [You may link to any page of Our Site.]
8.3 [You may not link to any page other than the homepage of Our Site, www.mactumbo.com.au Deep-linking to other pages requires Our express written permission.]
8.4 [Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at email@example.com for further information.]
8.5 You may not link to Our Site from any other site the content of which contains material that:
8.5.1 [is sexually explicit];
8.5.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
8.5.3 promotes violence;
8.5.4 promotes or assists in any form of unlawful activity;
8.5.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
8.5.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.5.7 is calculated or is otherwise likely to deceive;
8.5.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
8.5.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.4);
8.5.10 implies any form of affiliation with Us where none exists;
8.5.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
8.5.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8.6 [The content restrictions in sub-Clause 8.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 8.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.]
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
10.1 We may feature Third Party Advertising (in addition to Ads) on Our Site and We reserve the right to display Third Party Advertising on the same page as any Ad.
10.2 You agree that you will not attempt to remove or hide any Third-Party Advertising using HTML/CSS or by any other method.
10.3 We are not responsible for the content of any Third-Party Advertising on Our Site. [Each Third-Party Advertiser is responsible for the content of their own Third-Party Advertising material]. We will not be responsible for any Third-Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.]
11.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. In Particular, We make no representation or warranty that any part of Our Site (including Ads) is suitable for use in business or that any part of it constitutes accurate data and/or advice on which business decisions can be based. [Professional or specialist advice should always be sought before taking any action relating to any services or products displayed on our website.
11.2 Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
11.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us (that is not Content uploaded by an Advertiser) damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
11.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.
11.4 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Ads. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, any Ads, and We accept no responsibility for any actions taken, or for any products or services advertised in, any Ad.
12.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is an Ad) included on Our Site.
12.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Ads) included on Our Site.
12.3 If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 11.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
12.5 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Ads. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, any Ads, and We accept no responsibility for any actions taken, or for any products or services advertised in, any Ad.
12.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
13.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware [including, but not limited to, the scanning of all Content uploaded by Advertisers for viruses and malware as it is uploaded]. [We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 12.4.]
13.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
13.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
13.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
13.6 By breaching the provisions of sub-Clauses 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
15.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.
15.2 We may use your personal information to:
15.2.1 Provide and administer your Account;
15.2.2 Host your Ad(s);
15.2.3 Reply to any communications you send to Us;
15.2.4 Send you important notices, as detailed in Clause 16;
15.2.5 Use it to market any product or services advertised on our website.
15.3 We will not pass on your personal information to any third parties [without first obtaining your express permission to do so].
16.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. [Email marketing options can also be changed in your account section after you login] If you opt out of receiving emails from us at any time, it may take up to 3 business days for your new preferences to take effect.
16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at firstname.lastname@example.org
17.1 Changes to these Terms and Conditions
17.2 We may alter these Terms and Conditions at any time. [If We do so, details of the changes will be highlighted at the top of this page.] Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
17.3In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of [Australia] [Victoria] [Melbourne].
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Melbourne, Victoria in Australia , as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of [Australia] [Victoria] [Melbourne].
Mactumbo.com.au is an online business directory which allows businesses of all kinds and all levels to communicate with their potential customers and other businesses at absolutely no cost.
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