User Terms and Conditions / Disclaimer - User Agreement
1. www.towninfo.com.au (the 'Town Info') provides/supplies services at the www.towninfo.com.au and www.towninfo.net.au website(s), including the We Are Here website (the 'We Are Here search engine friendly directory service') (sometimes offered as an additional service).These services are owned, operated and developed by Harrisontech Pty Ltd being (the "Service Provider") and its associated websites being (the "Material") are accessible within Australia and worldwide to anyone who has Internet access. Granting access to use of the services supplied by the Service Provider and the Material within are subject to the terms and conditions of this User Agreement and is copyright to Harrisontech Pty Ltd who also trades as Harrisontech.
1.1. By accessing and using all services supplied by the Service Provider and using the Material you accept, all applicable laws and regulations, including laws and regulations governing copyright and trademark without limitation or qualification, and all of the terms and conditions in this User Agreement.
1.2. Harrisontech Pty Ltd advises any third party being the reseller(s), agent(s), franchisee(s), franchisor(s), contractor(s), licensee(s), licensor(s), business director(s) including merchant(s) and any person(s), body(s), business(s), company(s), active directory member(s), non active directory member(s) or any other legal entity that will utilise the Harrisontech Pty Ltd developed Town Info service reserves the right to change these terms and conditions at anytime. The changes will appear on this webpage address(es). By using the services provided by the Service Provider and the Material, you agree in advance to accept any changes.
2. Town Info a division of Harrisontech Pty Ltd is the Service Provider of the Material that is made available to view, use and download from this and other web servers managed and owned by Harrisontech Pty Ltd, and is the copyrighted work of Harrisontech Pty Ltd. Use of the Material and its applications is governed by the terms as stated and shown within this agreement.
2.1. All information used and displayed by the Service Provider and the Material, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Harrisontech Pty Ltd. Harrisontech Pty Ltd will at times utilise information from other third parties.
2.1.1. Those entries published by third parties being active directory member(s) are protected by copyright, trademark and other laws and are the property of Harrisontech Pty Ltd or the active directory member(s) respectively.
2.1.2. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Harrisontech Pty Ltd or the appropriate active directory members respectively.
3. The Service Provider and the Material may contain information, facts and opinions from various individuals and organisations. The Service Provider and the Material are provided in good faith and the Service Provider including all its associated interests is held harmless at all times. Harrisontech Pty Ltd will take all care we deem possible but accept no responsibility.
3.1. The Service Provider and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees has the right to cancel or suspend any active directory member(s) should it be deemed the active directory member is being dishonest or performing or displaying material that is not deemed appropriate. At all times the Service Provider and the Material will be held completely harmless to Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees including any infringements created by the active directory member(s) content.
3.2. The active directory member(s) agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. The active directory members will be responsible for, and indemnify and hold harmless Harrisontech Pty Ltd, its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees against, any claim arising from any material that you post or transmit. You acknowledge that Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees do not control the information available or displayed on the web and it is the complete responsibility of the active directory member(s) at all times.
3.4. Any communication or material you post or transmit to the Service Provider and/or the Material is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees the right to request to you to change, edit, delete or post Material if it is deemed necessary. This request is non negotiable as it is at the discretion of Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees.
4. To use the Service Provider services and hardware including the Material is at your own risk. Neither Harrisontech Pty Ltd, nor any of its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the service and the sites and the information available on the service and the sites or arising out of any action taken in response to or as a result of any information available on the service and the sites. You hereby waive any and all claims against Harrisontech Pty Ltd, and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees arising out of your use of the service and the Material and the information available thereon.
4.1. Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees do not review or monitor any websites linked to the Service Provider and the Material, and are not responsible for the content of any such linked websites. Your linking to such websites is at your own risk.
4.2. You should be aware that if you voluntarily disclose personal information such as name and email address on the Town Info and the We Are Here search engine friendly directory services listing on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties.
4.3. This User Agreement and any disputes arising out of or related to the Service Provider and the Material shall be governed by, and construed and enforced in accordance with, the laws of the Australia Government.
5. The names of actual companies and products listed in the Town Info ands We Are Here search engine directory service websites or affiliated websites may be the trademarks of their respective owners. The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.
6. Fees vary depending on the customer requirements; this applies to services outside the standard offerings. All fees are to be paid one year in advance by credit card or direct debit request with direct debit re-authorisation for each yearly renewal when the anniversary date falls due.
6.1. Credit cards may be subject to a surcharge.
6.2. Please select carefully as we do not give refunds regardless of circumstances.
7. We offer no warranty:
7.1. As the Town Info service operates from web servers and data centres, you are aware and accept things can go wrong from time to time with servers and data centres (these are what allow web services to operate and products to display on the web) and hold Harrisontech Pty Ltd including its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensee harmless at all times should this occur, although the expected uptime is 99.9% or higher there may be times when you may not be able to access the service due to a problem or issue outside of their and our control.
7.2. The web based online software was built and developed with the upmost integrity and good faith and the software has been extensively tested and tried. Should for any reason you experience a fault where the online software may not be functional to a satisfactory standard required; should this extremely rare occasion occur no responsibility or liability will be directed to the owners and developers its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees of any service.
7.3. Security is of the highest priority and has been considered throughout the development of this online software and should the online software be subject to a malicious attack or attacks by a corrupt third party source; the services for the online software may be suspended for a short period of time whilst action is taken to rectify, recover and/or restore the data and/or system files. If in the extreme rare occasion where a malicious attack may take place and the data and/or system files have been damaged or lost then the system will be restored to the most recent backup taken and may mean some current data may be lost and not recoverable. The owners and developers will monitor security requirements and take necessary steps to endeavour to provide a hassle free service.
7.4. Harrisontech Pty Ltd along with its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees may perform system upgrade(s) and/or maintenance as deemed necessary when and as required. This may result in a slowing of the service and/or a short suspension of the service whilst the upgrade or maintenance takes place. Upgrades and maintenance does not reflect in the expected uptime of 99.9% as it is classed as an essential service.
8. Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees will not and does not offer any guarantee or guarantees whatsoever including any form of guarantee for monetary returns and clearly states:
8.1. If any operating loss or any monetary loss is sustained over any period, Harrisontech Pty Ltd along its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees will not refund any loss or losses and be held harmless at all times;
8.2. There are no guarantee(d) terms for all services offered by Harrisontech Pty Ltd and its subsidiaries, divisions, affiliates, agents, representatives, franchisees or licensees for the Town Info and the We Are Here search engine friendly directory service.
8.3. Although we are confident with our Town Info directory product, we can not guarantee you placement and ranking on search engines. The Town Info product was developed in good faith and we have tested its ability to produce and report exceptional results. We will always endeavour to constantly maintain and build quality products for a result driven success to our customers.
9. This agreement can be terminated at anytime for active directory member(s) who have purchased a yearly subscription. Should a member elect to cancel during their or any twelve month term no refund will be given for any remaining month(s).
10. Other than for a breach of this agreement we shall not be liable to you for any loss or damage including without limitation, consequential loss or damage suffered by you whether arising directly or indirectly from the supply of any goods or services under this agreement.
10.1. Where the law implies any term in this agreement, which cannot by law be excluded, then that term is included in this agreement. Our liability for any breach of such an implied term will be limited, at our option, to the following:
10.1.1 in the case of the provision of services to the supplying of those services again, or the reasonable cost of supplying those services again; and
10.1.2. in the case of the provision of goods to the replacement of those goods or the supply of equivalent goods (or the reasonable cost of the same, the repair of those goods or the reasonable cost of repairing those goods).
10.1.3. for any transaction disputed by any person in any way or manner;
10.1.4. for any claims resulting from fraudulent use of a personal credit card number or a credit card; and/or
10.1.5. any breach of the Financial Institution Agreement.
10.2. In no event will we be liable to you for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption or cost of cover, whether based on breach of contract, tort (including negligence), product liability or otherwise. This limitation will apply even if we have been advised of the possibility of such damages.
10.3. Regardless of the form of action our aggregate liability to you for all claims by you against us arising under this agreement or our performance of this agreement shall not exceed the monthly sum paid to us by you under this agreement.
11. You must treat the development and supplied online software as confidential information at all times and is to remain confidential and commercially valuable and you will not use if for any purpose other than carrying out its duties or obligations under this agreement nor will you disclose any confidential information of the other party to any third person or company without the prior written consent of the owners and developers.
11.1. You acknowledge that all confidential information is the property of the Harrisontech Pty Ltd and confidential to it and undertakes to use the Town Info online software as is intended to; but not take, borrow, show or deliver any part or content or source code from within the Town Info online software development and undertakes to keep confidential to themselves and will not divulge or disclose any part to any other person or corporation.
11.2. You further acknowledge that each customer of Harrisontech Pty Ltd is and shall remain their customer and is not to be approached unless otherwise agreed.
12. The Town Info online software is and will remain the Intellectual Property of Harrisontech Pty Ltd. This means the Town Info online software is copyright (including future copyright) and can not be used for any purpose either being part or fully than for the agreement in place, and will include trademarks (registered and unregistered), designs and patents (whether registered or registrable), semiconductor and circuit layout rights, trade, business and company names, trade secrets, or any other proprietary rights, and any rights to registration of those rights, whether created before or after the date of this Agreement, and whether existing in Australia or elsewhere.