Terms Of Use

Welcome to the website of Late Payer List ACN 617 519 187 (we, us or the Company). This Website is located on the web via the domain www.latepayerlist.com and includes all of the files located in that domain (Website).

We reserve the right to make any parts of this Website accessible only to registered users.

1. Acceptance by You

1.1 By accessing the Website:

(a) you agree to be bound by these terms of use (Terms of Use); 

(b) you warrant that you have the power to enter into this agreement, are currently trading as a business, the Debt owing to you by the Latepayer is Business Related, you are solvent and able to pay your debts as and when they fall due and these Terms of Use create a binding and legal obligation between you and us and govern your use of the Website and all information provided by you to us is true and correct in all respects;

(c) you agree that these Terms of Use apply to the Services supplied by us and you hereby accept these Terms of Use without amendment and agree to be bound by them;

(d) you agree that the Terms of Use apply over any other document or agreement to the extent of any inconsistency;

(e) if you are the trustee of a trust, then in addition to that entity, you bind all trusts of which you are a trustee of from time to time; and

(f) you represent and warrant to us that you are over the age of 18 years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from your parents or guardians.

2.    Definitions and Interpretation

2.1 Definitions

The following words, unless the context requires otherwise, have the following definitions:

Account means the membership account created by you on the Website, through which you access our Services.

Business Related means that the Debt must arise as the result of a business transaction for trade or commerce with another business, and not be a consumer debt.

Debt means any debt due and owing by the Latepayer to you, as notified to us.

GST has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Late Payer means a person or entity that owes the Debt to you and has a current ABN.

Late Payer List means the list of Late Payers listed contained on the Website and searchable by Members;

Member/s means a person or entity that holds a current and active Subscription and Account with us.

Notice means any notice or other posting on the Late Payer List or the Website regarding the payment or non-payment of the Debt.

Services means any of the Services we offer on the Website including the processing of a request for the publication of a Notice on the Website.

Subscription means paid membership to our Services.

Website means the entire computing hardware and software installation that is or supports the Website.

  1. Interpretation
    1. a reference to these Terms of Use or another agreement between the parties includes any variation;
    2. references to parties or clauses are, unless otherwise stated, references to the parties and clauses contained in these Terms of Use;
    3. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
    4. the singular includes the plural and vice versa;
    5. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms of Use;
    6. the masculine includes the feminine and neuter and vice versa;
    7. a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes, employees, agents and permitted assigns;
    8. an obligation, agreement, representation or warranty on the part of or in favour of two or more persons binds, and/or is for the benefit of them jointly and severally;
    9. these Terms of Use may not be construed adversely against the us solely because we prepared them; and
    10. the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

3. Purpose of Services

  1. You agree that you will only use our Services, Notices and the Website for the purposes of operating your  business.
  2. You agree that you will not use our Services, Notices or the Website, for any purpose which is unrelated to your business, is for personal purposes, or if the Debt owing to you by the Late Payer is intended to be used wholly or primarily for:
  1. for personal, family or household purposes; or
  2. to acquire, maintain, renovate or improve residential property for investment purposes; or
  3. to refinance consumer credit that has been provided wholly or primarily to acquire, maintain, renovate or improve residential property for investment purposes.

4. Agreement for Services

4.1 The agreement for the provision of Services commences on the date we accept your application for an Account. Upon acceptance of the Account, you agree we are appointed as collection agent for and on your behalf with respect of the Debt.

4.2 We reserve the right to accept or reject any application for registration of an Account, in our sole discretion.

4.3 Upon registration as a Member of the Website, you will be issued with a username and password to access your Account. You are responsible for maintaining the security of your password for this Website. You agree that we will be entitled to assume that any person using the Website with your username and password is you or your authorised representative. You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security. We will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation.

4.4        In order to register an Account with this Website, you must agree to these Terms of Use and provide us with:

  1. a valid email address;
  2. accurate billing and contact information (including name, street address, telephone number); and
  3. any other information that may be required by us during the registration process.

4.5        You must promptly update the information referred to in clause 4.4 to maintain its accuracy at all times.

4.6 You represent and warrant to us that all information provided to us by you, including the information provided by you through our account registration process or entered into your account profile and with respect of the Late Payer, is true, accurate, up to date, and complete and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights. You acknowledge this information is required in order to provide you with the Services.

4.7 One person may not maintain more than one account with this Website. Accounts registered by “bots” or other automated methods are not permitted.

5. The Services

  1. We use our best endeavours to ensure that our Services and the Website are available at all times. We will endeavour to provide you with prior notice when we are aware that our Services and the Website will be unavailable.  Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for reimbursement of your Subscription or other fee. We are not liable for any loss or inconvenience caused by any unavailability of our Services, Notices, or the Website.
  2. You accept responsibility for all activities that occur under your Account or password.
  3. We reserve the right to email you from time to time to notify you of any changes or offers that we feel may be to your benefit.

6. Payment for the Services

6.1 Under your Subscription, you are liable to us for the following fees:

(a) Starter Plan

Under this plan, you can join for free and only pay a fee when you register a Latepayer.  

(i) Registering a Latepayer is $45.00 (Incl. GST)

(ii)   A 10% Collection Fee (Plus GST) on the amount of the debt is payable to us on the successful recovery of the debt, in accordance with clause 7.   

(b) Small Business Plan

A monthly membership fee of $25.00 (Incl. GST) this includes:

(i) Two (2) Latepayer credits per month. Any unused credits  rollover each month and continue to accumulate only as long as you stay a member.

(ii) Unlimited late payer searches of the Late Payer List

(iii) A 7% Collection Fee (Plus GST) on the amount of the debt is payable to us on the successful recovery of the debt, in accordance with clause 7.   

(iv) Free set of Terms of Trade from our partner Lapath.

(v) Use of the Late Payer List Members logo on your own invoices. 

(c) Medium Business Plan

A monthly membership fee of $40.00 (Incl. GST) this includes:

(i) Ten (10) Latepayer credits per month. Any unused credits rollover each month and continue to accumulate only as long as you stay a member of Late Payer List.

(ii) Unlimited late payer searches of the Late Payer List

(iii) A 5% Collection Fee (Plus GST) on the amount of the debt is payable to us on the successful recovery of the debt, in accordance with clause 7.   

(iv) Free set of Terms of Trade from our partner Lawpath.

(v) Use of the Late Payer List Members logo on your own invoices. 

6.2 You agree that the fees referred to in clause 6.1 will be charged to the credit card provided by you and a tax invoice will be issued to you. Any rejection by your banking facility or credit provider to any charge issued by us will be taken as cancellation by you of your Subscription and such monies will be immediately due and owing to us.

  1.       All prices are quoted in Australian dollars and are inclusive of GST except where clearly stated otherwise.
  2. Our payment gateway providers employ secure technology for transactions with our customers and we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than us. We may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your Account has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as we consider appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
  3. If any monies outstanding are not paid in full in accordance with clause 6.2, we may charge you interest on the unpaid amount to be accrued daily from the date when payment becomes due until the date of payment at the rate of the National Australia Bank retail base rate plus 2 per cent per annum and interest shall compound at that rate monthly both before and after any judgment obtained by us.
  4. You are not entitled to set off, deduct or otherwise withhold payment of any amount due and owing to us including where you have disputed any amounts owing to us
  5. You are liable for all costs and disbursements incurred by us or our appointed agents in recovering payment of any monies outstanding or in enforcing its rights under these Terms, including, but not limited to, legal costs determined on a solicitor/own client basis, mercantile agents’ costs or commission and bank dishonour fees.
  6. We retain the right to vary the Subscription fees at our discretion, by providing you with 30 days advance notice by way of email to the email address held on our records as provided by you.

7.          Recovery from the Latepayer

7.1       Upon receipt from you as to the particulars of the Debt, we shall issue a letter of demand for payment to the Latepayer. On the seventh day after the particulars of the Debt is submitted by you, we will ask you whether or not the Debt has been paid. If you notify us by the eleventh day from when the Debt is submitted by you that the Debt owing by the Latepayer remains unpaid, we shall proceed to publish the notice with respect of the Latepayer on the Latepayer List and clause 8 shall apply.

7.2 You agree to notify us immediately upon any payment being received (whether part or in full) by the Latepayer to you in relation to the Debt.

7.3        The Debt is deemed to have been paid to you by the Latepayer if:

(a)        the Latepayer has provided to us a receipt for payment of the Debt. We shall provide you with a copy of the receipt through your Account or by email; or

(b)         if you mark the Debt as paid within your Account; or

(c)        if we do not receive written confirmation from you within eleven (11) days of notification of the Debt to us that the Debt remains due and owing.

7.4 If the Latepayer is deemed to have paid the Debt in accordance with clause 7.3, we shall remove any publication of the Latepayer from the Latepayer List.

7.5 You are immediately liable for the collection fee referred to in clause 6.1 (c) as follows:

(a) if any of the events referred to in clause 7.3 occur, then on the full amount of the Debt;

(b) if you receive a part payment of the Debt, then on the amount of the part payment;

(c) if the debt is settled or comprised by you in any way, then on the amount of the payment received by you; and

(d) if you accept goods or services in return for full or partial settlement of the Debt, then on the value of goods and services received by you.

8. Publication of Notices on Late Payer List

  1. You warrant that all information provided by you to us for publication on the Late Payer List is accurate, up-to-date, complete, and relevant and we may lawfully publish on the Late Payer List, and in particular that its communication to us and its publication will not be in breach of the Privacy Act or any other applicable laws.
  2. You must provide us with updated information immediately in the event that you become aware that information provided previously for publication on the Late Payer List is no longer accurate, up-to-date, complete, and relevant. This obligation continues for as long as Late Payers listed by you remain on the Late Payer List, even after cancellation or termination of your Subscription.
  3. You will not ask us to publish information relating to the non-payment of a Debt where you are aware of, or have reason to believe there may be, any dispute as to the validity of the Debt, whether or not you believe that dispute or reason for non-payment to be legitimate.
  4. You must provide us with such documents or other evidence as we reasonably require to satisfy us that you are in compliance with your obligations in relation to any information that you provide to us for publication.
  5. You must provide us with updated information immediately in the event that the status of a listing changes in any way, including but not limited to whether any dispute over the Debt has arisen, or any payment (including part-payment) of the Debt has been made.
  6. A listing may be withdrawn from publication at any time in our sole and absolute discretion. This typically occurs during assessment of updated information received or notification of a dispute.   Listings may or may not be re-listed once the assessment is complete.  You will be notified in the event of permanent removal from publication of any listing, however you will not be entitled to any refund of your Subscription or any other fee.
  7. If we have reason to believe that you have not complied with any of your obligations relating to information that you have provided to us, we may at our discretion refuse to publish that information or withdraw that information from publication. You will not be entitled to any refund of your Subscription or any other fee in such a circumstance.
  8. In the event of a failure to provide full or updated information to us, we reserve the right to terminate your Subscription and Account, in our absolute discretion.  You will not be entitled to any refund of your Subscription or any other fee in such a circumstance.

9.          Privacy Policy

9.1 As part of these Terms of Use, your use of this Website is also subject to our Privacy Policy (located at www.latepayerlist/privacypolicy), which are incorporated by reference into these Terms of Use.

9.2 You irrevocably authorise us to make any enquiries, exchange, collect and use your personal information and credit information relating to property, business or other solvency matter from time to time or the personal or credit information of the Late Payer as we deem necessary for the following purposes:

(a) obtaining information on your credit position or the Late Payer; 

(b) investigating the credit worthiness of you in relation to credit to be provided by us or for any marketing purposes (unless you have notified us that you wish to opt out of direct marketing);

(c) to allow us to provide you the Services;

(d) to notify a credit provider of a default by you or by the Late Payer;

(e) to a credit reporting body to provide a credit facility or to permit a credit reporting body to maintain or update your credit file or the file of a Late Payer.

9.3 You acknowledge that the information exchanged under clause 9.2 may include any information in relation to you or the Late Payer’s creditworthiness or credit history.

9.4 You consent and irrevocably authorise any information provider to disclose any information about you or the Later Payer (on your behalf) in their possession to us and we may use any information which it holds for the purposes listed in clause 9.2; and may disclose any of your personal  or credit information to any interested person (including overseas third parties) for any purpose listed in clause 9.2, to the extent permitted by the Privacy Act 1988 (Cth) and the Australian National Privacy Principles (if applicable).

9.5 To the maximum extent permitted by law, you agree (unless you otherwise withdraw consent), to waive all rights under the Privacy Act 1988 (Cth).

10. Restriction on use of the Website

10.1 Your use of the Website is subject to the rules set out in Schedule 1 to these Terms of Use.

10.2 Without limiting any other remedies available to the us at law or in equity, we reserve the right to, without notice:

  1. temporarily or indefinitely suspend, or terminate, your access to this Website or refuse to provide products or services to you if:
  1. you breach any provision of these Terms of Use;
  2. we are unable to verify or authenticate any information that you provide to us; or
  3. we believe that your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person including but not limited to the act of spamming; or
  4. remove or block access to any information and/or materials (in whole or in part) that we, in our sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Terms of Use.

11. Cancellation and Termination of Subscription

  1. Your Subscription will automatically renew itself at the end of each payment plan period as selected by you unless notice of cancellation is received from you.
  2. You may cancel your Subscription to our Services at any time. Notice of cancellation is accepted by use of the ‘cancel membership’ feature on the Website. Upon cancellation, access to our Services will cease at the end of your Subscription period.
  3. In the event of breach of the Terms of Use or any part thereof or if you otherwise become insolvent or appoints an administrator, receiver, receiver and manager, liquidator or trustee in bankruptcy, we may suspend or terminate your Subscription and Account without prior notice to you.  Access to our Services will cease immediately upon termination and we are not liable to you for any consequential loss or damages suffered by you. Any monies owing to us as at the date of cancellation or termination are immediately due and owing.
  4. In the event of termination or early cancellation, no entitlement arises to any refund of any Subscription fee already charged to you.
  5. In the event of cancellation or termination, Late Payer will remain listed on the Late Payer List and will only be removed if the Debt has been paid to you or the Late Payer advises it disputes that the Debt is owing to you. Once unsubscribed, you will only receive correspondence from us in limited circumstances, including seeking your confirmation that your listings remain valid (to which your confirmation is required in order to remain listed).
  6. If you have cancelled your Subscription of your own volition, you may re-subscribe to our Services at any time, under your previous Account or with a new Account. A request to re-subscribe where a previous Subscription has been terminated by us may be approved at our absolute discretion.

12. Intellectual Property

  1. In these Terms of Use, the term “Proprietary Content” means:
  1. this Website;
  2. all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Website, and the selection and arrangement thereof); and
  3. all software, systems and other information owned or used by us in connection with the products and services offered through this Website (whether hosted on the same server as this Website or otherwise).

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, or create any other material using material on the Website, including but not limited to text, graphics, logos, images, and other data except as expressly authorised by these Terms of Use or with our prior written consent or other copyright owner (as applicable).

  1. The look and feel of this Website (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of us. These trademarks may not be used, copied or imitated, in whole or in part, without our prior written consent.
  2. You may only use our business name and logo and any other marketing information on your invoices and stationery while you are a Member. If you cancel your Subscription, or your Subscription is terminated by us, you are required to remove our business name and logo and any other marketing information from your invoices and stationery immediately.

12.4In these Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this Website by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback. This Website contains some features that enable you and other users to upload User Content. We reserve the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

  1. represent and warranty to us that your sharing of that User Content does not infringe any copyright or other legal right of any other person and the contents of any such User Content is are confidential to our Members. You must not republish or disseminate the contents of any User Content on the Website in any form;
  2. grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way in our absolute discretion.

12.5If you believe that the Website contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Website to a third party Website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

13. Warranties

13.1 To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Website and the Services provided by us through this Website, including any warranty or condition as to merchantability or fitness of the Services.

13.2 This Website is provided strictly on an “as is” basis. To the maximum extent permitted by law, we and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Website or any of its content, and in particular do not represent, warrant or guarantee that (whether express, implied, statutory or otherwise):

  1. the use of this Website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  2. this Website will meet your requirements or expectations or the adequacy or appropriateness of the Services for your purposes;
  3. anything on this Website, or on any third-party Website referred or linked to in this Website, is reliable, accurate, complete or up-to-date;
  4. the truth of any Notice or any content on the Late Payer List or the Website published by someone other than us;
  5. errors or defects will be corrected; or
  6. this Website or the servers that make it available are free of viruses or other harmful components.

14. The Website and Third Parties

14.1 We may make improvements or changes to the Website, the content, or to any of the Services, at any time and without advance notice.

14.2 From time to time the Website content may include technical inaccuracies or typographical errors. We endeavour to minimise these occurrences and make necessary corrections quickly. Please notify us of any corrections that you identify.

14.3 The Website may contain links to other websites of third parties outside our power and control. Those links are provided for convenience only and may not remain current or be maintained. We do not recommend or endorse any third-party goods or services that are listed, advertised or referred to in this Website or the content of any third party Websites. We are not responsible for the content of linked third party Websites, Websites framed within this Website or third-party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. Your use of any third party Websites is at your own risk and subject to their respective terms and conditions of use.  We are not responsible for the content or privacy practices associated with linked websites, nor for any loss or damage arising from your use of any such website.

14.4 While we take all reasonable steps to ensure the accuracy of the content that we publish on the Late Payer List or the Website, we are not responsible or liable for:

(a) the accuracy of any Notices or any content on the Late Payer List or the Website not authored by us; or

(b) any loss that you may suffer as a result of your reliance upon any such Notice or content.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these  Terms of Use or the use of this Website by you or any other person.

15.2 To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (in our sole and absolute discretion) to the supply of the Services again or payment of the cost of having the Services supplied again.

16. Release

You agree that your use of this Website is at your own discretion and risk. You agree to release us and our officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms of Use or the use of this Website by you or any other person. We may plead this release as a bar and complete defence to any claims or proceedings.

17. Indemnity

17.1 You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  1. any material or information that you submit, post, transmit or otherwise make available through this Website (correct or otherwise) including but not limited to posting any Notice;
  2. your use of, or connection to, this Website or Late Payer List; or
  3. your negligence or misconduct, breach of these Terms of Use or violation of any intellectual property, law or the rights of any person; or
  4. for any other reason whatsoever.

18. General

18.1 Restructure. You will provide us written notice of any change to your structure or a change to your details (including changes to its name or address). If you fail to comply then you agree to indemnity us from any resulting loss.

18.2 Statement of Debt. A certificate signed by a director, financial controller, credit manager or solicitor of us shall be prima facie evidence of your indebtedness to us under this Agreement.

18.3 Force majeure.  To the maximum extent permitted by law, and without limiting any other provision of these Terms of Use, we exclude liability for any delay in performing any of its obligations under these Terms of Use where such delay is caused by circumstances beyond our reasonable control, and we shall be entitled to a reasonable extension of time for the performance of such obligations.

18.4 Notices. We may provide any notices for the purposes of these Terms of Use by email and/or by adding the notification into your user control panel.

18.5 Costs. Except as specifically provided in these Terms of Use, each party must bear its own legal, accounting and other costs associated with these Terms of Use.

18.6 Assignment. You may not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use without our prior written consent. Your registration with this Website is personal to you and may not be sold or otherwise transferred to any other person. We may assign, transfer or sub-contract any of its rights or obligations under these Terms of Use at any time without notice to you.

18.7      Waiver. No rights under these Terms will be waived unless agreed in writing and signed by us. We do not waive a right if an extension or other forbearance is given to you. No waiver of a provision of these Terms shall be construed as a continuing waiver of the provision.  A waiver by us of any matter does not prejudice its rights in respect of any matter.  Any non-exercise or partial exercise of or any delay in exercising any right or remedy does not constitute a waiver of that right or remedy.

18.8 Severability. The provisions of these Terms of Use are severable and, if any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

18.9 Variation. We reserve the right to amend these Terms of Use and any other policy on this Website at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Website will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Website or the products/services offered through this Website. You may only vary or amend these Terms of Use by written agreement with us.

18.10 Governing law and jurisdiction.  These Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.

18.11 Entire Agreement. These Terms supersede all previous agreements, discussions and representations between us and you and constitute the entire agreement in relation to the agreement for provision of goods and/or services between us and you.  All prior correspondence, negotiations or representations do not bind either party and neither party may rely upon them.

Schedule 1 – Prohibited conduct

YOU MUST NOT:

  1. share, post or publish any of the data from the Website in any way whatsoever or allow others to use our Services through your Account;
  2. any device, routine or software that interferes, or attempt to interfere, with the proper working of this Website;
  3. engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  4. use this Website to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  5. use this Website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  6. use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Website;
  7. use this Website by any automated means;
  8. use this Website to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  9. access, retrieve or index any portion of this Website for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  10. interfere with the display of any advertisements appearing on or in connection with this Website;
  11. reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Website;
  12. reproduce, duplicate, copy or store any of the material appearing on this Website other than for your own personal and non-commercial use;
  13. falsely imply that any other Website is associated with this Website;
  14. do anything that leads, or may lead, to a decrease in the value of our intellectual property rights in this Website;
  15. use or exploit any of the material appearing on this Website for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Website;
  16. release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to us without our prior written consent; or
  17. use this Website to transmit any information or material that is, or may reasonably be considered to be:
  • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
  • libellous, defamatory, unlawful or plagiarised;
  • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
  • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
  • in breach of any person’s privacy or publicity rights;
  • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
  • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
  • containing any political campaigning material, advertisements or solicitations; or
  • likely to bring us or any of its staff into disrepute.
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