Flindies

FLINDIES

TERMS AND CONDITIONS

  1. Introduction

    We are introducing FLINDIES, an Australian owned digital platform/web application, aiming to list businesses, offering products and services by geographical search.

    This document sets out the Terms and Conditions of our platform/website and applies to anyone who accesses or uses our site (referred to as 'Users'). These terms of use apply to usage of all services provided by us, including access to our site via desktop and mobile.

    Users acting in a commercial capacity who offer goods/services to consuers on FLINDIES for purpose relating to trade or business are Business Users for the purposes of these Terms.

    By accepting and using the platform/website, you confirm that you have read, understood and accepted Terms of Use in its entirety as stated herein under. As a User you agree to abide by the terms each time you access and use the Website. In addition to these terms of use, Business owners will need to accept Business User Agreement as a part of their registration process on FLINDIES platform.

  2. Agreement

    This Agreement forms a binding contract between Users and FLINDIES (referred to as Platform/web application). This Agreement will form a binding set of obligations between Users for the purpose of interacting on this Platform, including listings, specials, events, and/or any issues.

    1. As a condition of your access and use of platform/web application and/or any FLINDIES Service, you warrant to us that you have the right, authority and capacity to enter into and be bound by the Terms of Use.
    2. FLINDIES is provided "AS IS" without warrantly of any kind, whether express, limited, statutory, or otherwise. FLINDIES specifically disclaims all implied warranties of merchantability, non-infringement, and fitness for a particular purpose. FLINDIES may contain bugs or other related issues. Users acknowledge and agree that the experience may be incomplete and have information that may not be completely accurate.
    3. FLINDIES is not under any obligations to monitor the information which it transmits or stores on its Sites. You agree and acknowledge that FLINDIES shall not be liable in respect of information which is hosted or cached by it or in respect of which it acts as a mere conduit.
    4. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is other inappropriate.
    5. It is your responsibility to ensure that you comply with all applicable laws, including the Consumer Laws, Privacy Laws, any other Laws as applicable, while engaging with the Platform, including posting any listing and engaging in any exchange.
    6. You acknowledge and agree that FLINDIES:
      1. Is only an information service, as a conduit to facilitate the relationship between Users and businesses, through our Platform.
      2. is in no way party to any contractual relationship formed between Users in relation to any Listing;
      3. does not personally offer to you, or endorse or recommend, any Goods, Services, or Events advertised in any Listings;
      4. always retains the right to monitor, retain and disclose any information as necesary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with the terms of use or otherwise.
      5. service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
      6. does not verify any licenses a local business or its representatives may have, and consumers shall take all the necessary steps to inquire about any such licenses with the business directly.

  3. Ownership

    All title, interest, and ownership rights of FLINDIES and associated content, documentation, including any improvements, modifications, and enhancement made thereto, are and shall remain with parent company (ACN 677091217). FLINDIES is copyrighted and is protected by Australian copyright laws and international treaty provisions. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to User.

    FLINDIES owns all content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrange of User Content and other Services Content), computer code, products, software aggregate star ratings, and other elements and componenets of the Service exclusing Business User account content, specials, events and any Third Party Content.

    We own copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the FLINDIES Content and the Service, which are protected by copyright, patent, trademark and trade secret laws and all other applicable intellectual and proprietary rights and laws.

    As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the FLINDIES content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the FINDIES content are retained by us.

  4. Content Policy

    FLINDIES has zero tolerance policy to any sort of inappropriate content including but not limited to threats, harassment, lewdness, hate speech, or other displays of bigotry. Posted content shall not display any sort of violence, drug use, nudity, near nudity, or suggestive acts—even if it is an accurate representation of the business’s services or products.

    As a FLINDIES User, you acknowledge and agree that where FLINDIES has not been given substantiated notice outlining the nature of objectionable content hosted or cached on its platform, it shall not be considered to have actual knowledge or awareness of such objectionable content being hosted or cached on its platform, and it shall be under no obligation to take any positive action to remove such content.

    We reserve the right to refuse to publish any content or other material or to provide any other services without prior notice to any user or users for any reason or no reason. As a FLINDIES User, if you have any concerns about material which appears on the Platform or if you believe that Content posted on the Platform breaches the User Agreement or is in any other way objectionable or illegal, you are encouraged to report any such offending content that is in breach of the Terms of Use or any applicable Policy or is in any other way objectionable to [email protected].

    FLINDIES aims to comply with any statutory obligations in respect of the removal of offending / inappropriate content (including where required by law informing the user of the reasons for such removal and allowing a right of appeal) and will otherwise use all reasonable endeavours to remove the offending content complained about within a reasonable period of time, where it finds that such content in breach of the Terms of Use.

  5. Limitations on right to use

    As a User you shall not:

    1. modify, adapt, translate or reverse engineer any portion of the website/platform;
    2. remove any copyright, trademark or other proprietary rights notices contained in or on the website/platform;
    3. do or say anything which is deliberately harmful to the reputation of FLINDIES and which may lead any reasonable person to cease conducting business with FLINDIES;
    4. use any robot, spider, website search/retrieval application, or other autoamted device, process or means to access, retrieve or index any portion of the website/platform;
    5. access, retrieve or index any portion of the website/platform for the purposes of constructing or populating any database;
    6. collect any information about other users or users of the website/platform for any purpose other than the manner intended by us;
    7. create or transmit unwanted electronic communications such as 'spam' to other users of the website/platform or otherwise interfere with their use.
    8. collect or store personal data about other users in connection with the prohibited activites described in this section of the Terms of Use;
    9. impersonate any person or entity;
    10. reformat or frame any portion of the web pages that are part of the website/platform;
    11. crate user accounts by autoamted means or under false or fraudulent pretences or create multiple log ins;
    12. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
    13. use the website/platform to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
    14. copy or store any Content offered on the website/platform other than your own use;
    15. use any device, software or routine that interferes with the proper working of the website/platform or otherwise attempt to interfere with the proper working of the website/platform;
    16. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure
    17. use the website/platform intentionally or unintentionally, to violate or in violation of any applicable law or in any manner that puts us in violation of applicable law;
    18. attempt to gain unauthorised access to the website, its facilities and/or services or any accounts, computer systems and networks connected to any FLINDIES website, its facilities and/or services through hacking, password mining or any other means;
    19. harvest or otherwise collect by any means any programme material or information from the website unless authorised under the Terms of use or to monitor, mirror or copy any content of the website without our prior written consent.

  6. Interaction with Business Users

    We are not bound to verify the identity of any users when they are connected to the website or to monitor material provided by them. Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.

    We accept no responsibility for transactions that take place on the Website. While we reserve the right to monitor or to intervene in disputes between you and other users, we are not bound to do so. As with any web-based interaction, it is suggested, that you use caution and judgment. Kindly note in event of any dispute, between you and any third party, we are under no obligation to get involved in any way.

    You are encouraged to exercise discretion when providing personal information about yourself on the Sites. Any personal information which you volunteer in your public profile will be available worldwide to anyone with access to the website. Kindly be aware that, some information which you may choose to provide might reveal data consisting of your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning your sex life or sexual orientation.

    When users are involved in a transaction, information such as each other’s name, username, email address, and other contact information and financial information may be exchanged between the users. We cannot guarantee that businesses will respect the privacy or security of your information and that you may want, to look into the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users’ privacy and disclose your privacy and security policies to them. In all cases, you must comply with data protection laws and give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

  7. Data and Privacy

    USERS agree that FLINDIES may obtain information and data from you in connection with registration, installation, and use of the PRODUCT including, without limitation, personal information, location etc. FLINDIES may also collect and process technical and performance information about your use of the PRODUCT and use this information to support and troubleshoot issues, provide updates, analyse trends and improve PRODUCT. You hereby consent to FLINDIES, processing and transferring this information, including, if any, personal information, in conformity with its Privacy policy.

    Information that is already in public domain or becomes generally known to the public through other channels shall not be the fault or breach of this Agreement by FLINDIES. As such, FLINDIES disclaims all liability, incidental, special or consequential loss or damages for any loss of data.

  8. Warranty Disclaimer

    FLINDIES may contain bugs or other related issues. Users acknowledge and agree that the experience may be incomplete and have information that may not be completely accurate. FLINDIES is provided “AS IS” without warranty of any kind, whether express, implied, statutory, or otherwise. FLINDIES specifically disclaims all implied warranties of merchantability, noninfringement, and fitness for a particular purpose.

    FLINDIES makes no warranty or representation that, the platform/website will meet your requirements; will be uninterrupted, timely, secure, or error-free; the quality of any products, services, information, or other material obtained by you through this Platform will meet your expectations; or any errors in the underlying source code will be corrected. You acknowledge that FLINDIES does not guarantee or warrant that files available for downloading through the website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

    Any material downloaded or otherwise obtained through the use of Platform is done at your own discretion and risk, and that you shall be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

    FLINDIES Business User may provide, or third parties may provide, links to third party sites or resources. As FLINDIES has no control over such sites and resources, you acknowledge and agree that FLINDIES is not responsible for the availability of such external sites or resources. FLINDIES does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. FLINDIES will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

    Although we use various safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

  9. Limitations of Liability

    We expressly exclude any liability whether in contract, tort or otherwise, for any loss or damage arising out of or in connection with the use of the platform/web application and/or the FLINDIES Service by a user in contravention of the Terms of Use, and whether or not a content has been reviews by us prior to appearing on the Website.

    You acknowledge that, except for information, products or serfvices clearly identified as being supplied by us, we do not operate, control or endorse any information, products or services on the Internet in any way. Except where identified otherwise, all information, products and services offered through the Website or on the Internet generally are offered by third parties that are not affiliated with us.

    You should not solely rely on any content and/or any other material on the Website to make or refrain from making any decision or take or refrain from taking any action on which reliance should be placed.

    We disclaim all libability and responsibility arising from any reliance placed on such content and/or materials by any user of the Website, or by anyone who may be informed of any of the content. We accept no responsibility for keeping the information on the Website up to date or complete, nor do we accept any liability for any failure to do so. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet gradually.

    To the maximum extent permitted by law, under no circumstances, FLINDIES will be liable to you for any incidental, special or consequential loss or damages, or damages for loss of data, damage to reputation, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the platform, this Agreement or any listings, Exchange, Goods, Services (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010.)

    Your sole and exclusive right and remedy in case of dissatisfaction with the service, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the service.

  10. Indemnity

    You agree to indemnify, defend, and hold harmless FLINDIES, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them, from and against any and all third party claims, actions, demands, losses, damages costs, liabilities and expenses (including but not limited to attorneys' fees and court costs) arising out of or relating to:

    1. your access to or use of the Service, including your content,
    2. your violation of the Terms,
    3. your breach of your representations and warranties provided under these Terms,
    4. any products or services purchased or obtained by you in connection with the Service,
    5. your products or services, or the marketing or provision thereof to end users, or
    6. the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.

  11. Modifications

    FLINDIES through its parent company, reserves the right to supplement, amend or modify the terms of this Agreement. We shall notify the User of any such changes and seek acceptance to the proposed changes.

  12. Termination

    Upon any expiration or termination of this Agreement, the rights and licenses granted to User under this Agreement shall immediately terminate.