Terms & Conditions

Terms of Use

 

General

Before you begin to use the Services on this website, please read these Terms of Use. If you do not understand or do not agree with these Terms of Use, please navigate away from this website and do not use the Services.

 

Through your use of this website and the Services, you acknowledge and agree that the Terms of Use constitute the rules and conditions of access to, use of and supply of information from this website. The Terms of Use may be amended by us from time to time and published on this website. These amendments may be made without any notice to you and apply to your next usage of this website. You are responsible for ensuring you regularly review this website and these Terms of Use, in which case, your continued use of this website after any such changes are made will be deemed to constitute your acceptance of those changes.

 

If you object to any of the Terms of Use or any subsequent changes to them, or become dissatisfied with your use of the Services in any way, your only remedy is to immediately stop using the Services and this website.

 

These Terms of Use cover Moboom Ltd, its affiliated businesses and subsidiaries (collectively, “Moboom”, “we”, “us” or “our”). The services include our websites (including this one) and other online services that we own or control (“Services”).

 

If hyperlinks and other redirection tools taking the user to other websites operated by third parties (“Outside Sites”) appear on this website, you acknowledge that these Outside Sites may not be controlled by us and do not form part this website and agree that you will not hold us liable or in any way accountable for anything that occurs on Outside Sites.

 

1.      Website access and availability

We reserve the right to modify, discontinue or disable all or part of the Services, on either a permanent or temporary basis, at any time. We may suspend, terminate or limit your access to all or part of the Services at any time if you breach the Terms of Use.

 

2.      Website use

Businesses, business owners and/or their employees, contractors, agents or representatives, including without limitation, digital agencies and SEO consultants (collectively “Advertisers”) may make available for publication on this website certain information or material, including but not limited to text, sounds, music, software, photographs, videos, data, graphics, images, logos, button icons, audio clips, messages, links, digital map data, directory listings or any other content (collectively “Content”).

 

No unlawful, infringing or offensive activity

You must not post, transmit to or via this website (including any features, functions, online transactions, search engines, business listing information, quotes and/or other products or services offered by us from time to time) information or Content which breaches any laws or regulations, infringes a third party’s rights or privacy or is offensive or contrary to any relevant standards or codes, including generally accepted community standards. You must not permit or enable another person to do any of those things.

You must not transmit any advertising, promotional materials or similar materials without our express written permission.

Examples of unlawful, infringing or offensive activity includes, but is not limited to, Content or material that:

  • is false or misleading, abusive, harassing, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another’s privacy;
  • is an infringement of the intellectual property rights of another party;
  • is not owned by you;
  • may encourage criminal activity;
  • contravenes any applicable laws, regulations, codes and standards;
  • disturbs or damages this website, Services or its Content;
  • damages us or our reputation; or
  • otherwise breaches these Terms of Use.

We may withdraw or alter any Content or material you provide us for display on this website at our absolute discretion, including without limitation, if we:

  • reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way a breach of these Terms of Use or any law or third party rights; or
  • are instructed to do so by any third party.

No viruses or other interference

You must not transmit to or via the Services any virus or any other information or material or otherwise use the Services in a way which:

  • tampers with, hinders the operation of, or makes unauthorised modifications to the Services;
  • inhibits any other user from using the Services;
  • violates the security of the Services or accesses any other unauthorised areas of the Services.

Fair use by Advertisers

An Advertiser:

  • may only submit Content relating to the Advertiser’s business;
  • may not advertise under a business name that is not owned by the Advertiser;
  • seeking to publish more than 3 business listings may only do so via our bulk upload facility. This includes Advertisers for related business (eg a franchise group) or unrelated businesses (eg a digital agency representing otherwise independent clients). Advertisers requiring to utilise our bulk upload facility should contact us to be granted access.

Fair use by users

All Content made available on or via the Services is provided for informational purposes only. The Content may only be used and reproduced for personal and non-commercial use. The following are examples of unacceptable use: (a) Content framing; (b) Content scaping; Content data-mining; (d) Content extraction; (e) Content re-distribution; mirroring of material; or using this website in any way which would interfere with its operation for other parties.

 

3.      Disclaimer

By using this website you agree to abide by and acknowledge the following disclaimers.

  • We simply operate a marketplace platform and are not involved in any resulting transaction between Advertisers and customers who contract their services after first being introduced via this website.
  • We have no control over the truth, accuracy, quality, safety or legality of the items or services offered by Advertisers, the ability of Advertisers to provide the services offered.
  • We cannot and do not confirm each Advertiser’s purported identity.
  • In the event that you have a dispute with one or more users of this website, you release us (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees) from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.
  • You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of this website. Further, we do not validate nor take responsibility for the financial standing of Advertisers.
  • You acknowledge and release us in the event that you deal with underage persons or people acting under false pretence.
  • Search results are based on a number of factors, which can change from time to time. We make no warranties as to the order in which Advertiser listings appear in search results, if at all.

 

4.      Intellectual Property

Licence to use your information

Solely to enable us to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, transferable, fee-free right to use, reproduce, modify, adapt, publish or communicate to the public your Content for the reasonable purposes of our business and the right to sublicence those rights to others. We also reserve the right not to use the Content that you submit.

 

You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not breach any laws. You indemnify us against any and all legal fees, damages and other expenses that may be incurred by us as a result of a breach of this warranty.

Attribution

You must not obscure, remove, mask or replace any attribution statements or copyright notices or logos which are embedded in an any information provided by you.

Copyright

All copyright and other intellectual property rights subsisting in the Services and the Content and material on this website (including, without limitation, the software, design, text and graphics and the selection and layout of this website) are owned by or licensed to us and protected by copyright under the laws of Australia and other countries.

You may not distribute, reproduce, frame, transmit (including broadcast), communicate, adapt, distribute, sell, publish, alter, modify or create derivative works from any part of the Services or the Content on the Services except as permitted by statute or with our written consent.

 

5.      Warranty

You agree to accept the sole responsibility for the legality of your actions using the laws which apply to you. You agree that we are not responsible for the legality of the actions of users of the Services.

 

6.      Indemnity

You indemnify and release us (and our directors, agents, contractors, affiliates, parents, subsidiaries and employees) from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor’s fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms of Use or your violation of and law or the rights of a third party.

 

7.      No Agency

You and us are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms of Use agreement or your use of the Services.

 

8.      Governing Law

These Terms of Use are governed by the laws of Western Australia. You and us submit to the non-exclusive jurisdiction of the courts of Western Australia and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.