Terms of Use at 13 FIND

13 FIND^® Terms of Use

Terms of Use

Please read this agreement carefully before accessing or using any of the information and services available through 13 FIND which include, but are not limited to, the 13find.com.au website (the "Site"), the 13 FIND mobile website (the "Mobile Site"), the 13 FIND mobile applications (the "Mobile App"), the 13 FIND SMS service and the 13 FIND telephone service (together the "Services" or "13 FIND Services"). The Services may be accessed in several ways, such as via the internet, mobile phones, fixed line phones, PDAs and other methods.

The Services are owned by 13 FIND Aggregation Services Pty Limited ("13 FIND", the "Company", "we" or "us").

By accessing, using, advertising with or registering for the Services, you are expressly agreeing to be bound by the terms and conditions below ("Terms of Use" or "Terms"). 13 FIND may at its sole discretion modify this agreement at any time, and such modifications will be effective immediately upon posting the modified agreement on the Site, Mobile Site and/or Mobile App. These Terms must be accepted and complied with by all who use the Services in any way.

Additional terms and conditions relating to all business listings and advertising on the 13 FIND Services can be found here.

These Terms should be read in conjunction with 13 FIND's Privacy Policy Use which can be found here.

1. General

   Intellectual Property

   1. Intellectual property (including copyright in the material and trademarks in the Services) other than those belonging to any person, organisation, company or group displaying, listing or advertising in the Services are owned by 13 FIND or its partners or affiliates (unless otherwise indicated) and you agree not to infringe any intellectual property rights owned by 13 FIND or anyone else.
   2. Nothing contained in the Services (including granting you access to the Services) should be construed as granting any license or right to use any intellectual property displayed in the Services without the express written consent of 13 FIND.

   Use of Information in the Services

   1. Information contained in the Services is for your personal use only and may not be sold, redistributed or used for any commercial purpose (other than to correct or add information contained in the Services) including, but not limited to, the use of any business contact details for unsolicited commercial correspondence or the creation of customer lists. Any commercial use of this information requires the written consent of 13 FIND. You may download material from the Services for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
   2. You may not modify, copy, reproduce, republish, upload, post, data-mine, scrape, transmit or distribute in any way any material from 13 FIND or the Services including code and software. You must not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.

   Security, Access & Accuracy of Information

   1. While 13 FIND takes all reasonable efforts to ensure the protection, privacy and integrity of any information you may provide, no data transmission over the internet is totally secure and the possibility exists that this information could be unlawfully used or observed by a third party while in transit over the internet or while stored on 13 FIND's systems or in the Services. To the extent permitted by law, 13 FIND disclaims all liability to you under the law should this occur.
   2. As part of the Services, 13 FIND may respond to user requests or provide information (such as business information requested by users) to users, by any of the following means:
      1. Verbally, in any manner, including by automated speech recognition;
      2. Connecting a user directly to a business via telephone;
      3. By sending an SMS message to the user;
      4. By email; and/or
      5. Over the internet, mobile phone application or other technological device.
   3. 13 FIND cannot give you any guarantee of the accuracy of any business information or entity contained in the Services, including but not limited to the availability of any special offer set out in any listing.
   4. You are responsible for obtaining all necessary equipment and services equipment required to access and use the Services.
   5. Telephony charges for to those who call the number 13 FIND, and all other 13 or 1300 numbers, are based on Local Rates or, for mobile calls or SMS, other standard rates charged by your respective telecommunications provider. 13 FIND does not charge any premium above these rates and you acknowledge that any and all charges for these Services will be payable according to your payment arrangements with your telecommunications provider and that 13 FIND takes no responsibility for any mistakes or inaccuracies in your telephony bills. You further acknowledge that these charges will be payable to your telecommunications provider irrespective of whether or not we are able to provide you with any or all of the information you requested while using the Services.
   6. In some cases, 13 FIND will allow users of the telephony Service to through-connect at no additional premium charge to certain organisations. In this case, standard call rates from your respective telecommunications provider are likely to continue to apply. Please consult with your telecommunications provider.
   7. In some cases, 13 FIND will allow users of the telephony Service to voluntarily elect to through-connect to certain organisations by consenting to pay an additional premium charge. This premium charge is in addition to the standard call rates levied by your respective telecommunications provider, so please consult with your telecommunications provider. Users must voluntarily elect and consent to this additional premium charge and they do so at their own risk and expense. The premium charge applies to both successful and attempted connections to the number requested and this includes cases where the user is through-connected to a number that is inaccurate (although 13 FIND updates its content frequently to ensure that it is as accurate as reasonably possible).

   Use of 13 FIND's telephone and/or SMS services

   1. 13 FIND does not charge for users to send an SMS to the 13 FIND (13 3463) SMS service. Any charges levied by your telephony service provider in relation to sending an SMS to 13 FIND are the sole responsibility of your telephony provider and not 13 FIND.
   2. 13 FIND does not charge any additional premiums for calling its 13 FIND (13 3463) telephony service from any fixed or mobile phone. Any charges levied by your telephony service provider for calls made by you to 13 FIND are the sole responsibility of your telephony provider and not 13 FIND.
   3. In some instances, when you call the number 13 FIND (13 3463), you may be asked if you would like to be through-connected to a particular organisation for free. In this case, you will be transferred to that organisation at no additional charge from 13 FIND; however, your telephony carrier may continue to charge you your agreed rates for the duration of the call. 13 FIND cannot guarantee that the organisation to which you are through-connecting will answer your call.
   4. In some other cases, when you call the number 13 FIND (13 3463) from a mobile phone, you may be asked if you would like to be through-connected to a particular organisation at an additional cost of 75 cents (including GST). This service is entirely optional to you. Should you opt to utilise this service then you will be charged the additional 75 cent cost plus the standard call charges (if any) levied by your telephony carrier (such additional charges are not the responsibility of 13 FIND). The 13 FIND charge will be levied upon you opting to through-connect to a particular organisation, irrespective of whether your call is answered by that organisation or anyone else, or is not answered at all. 13 FIND cannot guarantee that the organisation to which you are through-connecting will answer your call. You must be over 18 years of age or have the biller payer's permission to use this service. By using this service, 13 FIND may send you additional information in the future such as promotional opportunities, but you will always have the option of opting out of this service at any time by SMSing "stop" to the number 1971 2210 or by calling 1300 346 343. For questions regarding this service, please contact us 1300 346 343.

   Privacy

   1. 13 FIND will collect and use any personal information in accordance with its Privacy Policy and users of the Services consent to the collection and use of personal information in accordance with this policy.
   2. You may gain access to your personal information by emailing the 13 FIND Privacy Officer at privacy@13find.com.au.

   Links to other Websites, Mobile Sites, Business and Services

   1. In your use of the Services, you may access content from third parties ("Third Party Content") via links to other websites, mobile websites or other forms of contact such as by telephone. 13 FIND does not control Third Party Content and makes no representations or warranties about it. 13 FIND does not accept any liability for the reliability, completeness or accuracy of any Third Party Content or for the privacy practices of the providers of Third Party Content. You agree that by using the Services, you may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will 13 FIND be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content. 13 FIND reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any content, icon, link or other connection to Third Party Content.
   2. By using 13 FIND or the Services, you do not receive any ownership rights in the Third Party Content. You may not use, access or allow others to use or access the Third Party Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by 13 FIND or by the owner of that Third Party Content, in a separate agreement.
   3. Accessing Third Party Content from the Services should not be construed as granting any right or license to use Third Party Content. For the use of Third Party Content, please see the terms and conditions of the provider of the Third Party Content. In addition, please note that:
      1. Map data, traffic, directions, and related Third Party Content are provided for planning purposes only. You may find that weather conditions, construction projects, closures, or other events may cause road conditions or directions to differ from the map results. You should exercise judgment in your use of this Third Party Content;
      2. Certain Third Party Content is provided under license from third parties. You may be held liable for any unauthorised copying or disclosure of this Third Party Content.
      3. The data used to create the mapping images or map based content are also copyrighted by Google. Use of such data is permitted only for 13 FIND and users of 13 FIND for non-commercial purposes according to these Terms of Use as well as Google Maps/Earth Terms of Service.

   Governing Law

   1. These Terms of Use are governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
   2. The invalidity or unenforceability of any of these Terms of Use will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
   3. Any notice to be served to the Company must be delivered personally by email or post to: legal@13find.com.au or 13 FIND Aggregation Services Pty Limited, Level 5, 134 William Street, Woolloomooloo NSW 2011.

2. User Submissions and Content

   1. For any submission of content that you make, you warrant that you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate any law or the rights of any third party. You further agree to indemnify and hold harmless 13 FIND against any and all claims, damages, legal fees and any other cost that may be incurred by 13 FIND as a result of breaching this warranty.
   2. By submitting any content to our Services, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose including the waiver of any moral rights in your contribution.
   3. Any content submitted to our Services may also be provided to or located at third party computers' servers, websites, mobile websites or services.
   4. You are solely responsible for any content that you submit, post or transmit via or to our Services.
   5. You agree not to post or submit anything to the Services that:
      1. may contain any computer viruses, viruses or other types of harmful code including anything that comprises the security of the Services or may interfere, disrupt, damage or destroy any information, files or devices that belong to 13 FIND;
      2. may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
      3. contains sexually explicit content;
      4. is libelous, defamatory or slanderous;
      5. makes use of offensive language or images; or
      6. characterises violence as acceptable, glamorous or desirable.
   6. 13 FIND has no obligation to post any content that you or anyone else submits. In addition, 13 FIND may, in its sole and unfettered discretion, edit, remove or delete any content that you post or submit.

3. Proprietary Rights

   1. You agree that all content and materials available on the Services is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Services. Notwithstanding the above, you may use the content and materials on our Site, Mobile Site and Mobile App in the course of your normal, personal, non-commercial use of our Services.
   2. You agree not to systematically retrieve data, including but not limited to addresses and phone numbers of businesses, or other content or any materials from our Services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of our trademarks as metatags on other websites, mobile websites or other applications. You agree not to display any of our Services in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at privacy@13find.com.au. You may, however, establish ordinary links to the homepage of our Site or Mobile Site without our written permission.

4. Discontinuity of Service

   1. 13 FIND reserves the right at any time to modify or discontinue, temporarily or permanently, any portion of our Services with or without prior notice. You agree that 13 FIND will not be liable to you or to any third party for any modification or discontinuance of our Services.

5. Representations and Warranties

   1. You hereby represent and warrant to us that:
      1. that you have the full power and authority to enter into and perform under these Terms;
      2. your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; and
      3. you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of the Services.

6. Disclaimer of Warranties

   1. You agree that:
      1. If you use our Services, you do so at your own and sole risk. Our Service is provided on an "as is" and "as available" basis. 13 FIND expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement;
      2. 13 FIND does not warrant or guarantee that:
         1. our Services will meet your requirements,
         2. our Services will be uninterrupted, timely, secure, or error-free,
         3. any information that you may obtain on our Services will be accurate or reliable,
         4. the quality of any products, services, information or other material purchased or obtained by you through our Services will meet your expectations,
         5. any information you provide or 13 FIND collects will not be disclosed to third parties,
         6. any information available on or through the Services will be free of infection by viruses, worms, trojan horses or anything else with destructive properties,
         7. the information provided to you by 13 FIND will be free of any technical or other mistakes, inaccuracies or typographical errors,
         8. any errors in any data or software will be corrected by us or by third parties who provide such data or software such as maps,
         9. that the information available on or through the Services will not contain material which some individuals may deem objectionable, or
         10. that the functions or services performed by the Services will be uninterrupted or error-free or that defects in Service will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage the user's information or system.
      3. If you access or transmit any content through the use of our Services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions; and
      4. No data, information or advice obtained by you in oral or written form from us or through or from our Services will create any warranty not expressly stated in these terms.

7. Limits on Liability

   1. You agree that 13 FIND will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if 13 FIND has been advised of the possibility of such damages), arising from, relating to or connected with:
      1. the use or inability to use our Services;
      2. the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our Services;
      3. disclosure of, unauthorised access to or alteration of your content;
      4. statements, conduct or omissions of any service providers or other third party on our Services; or
      5. any other matter arising from, relating to or connected with our Service or these Terms.
   2. 13 FIND will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
   3. The Company's aggregate liability to you or any third party in any matter arising from, relating to or connected with our Services is limited at the Company's discretion, to the re-supply of any service or the maximum sum of two hundred ($200) dollars.
   4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of sections 6 and 7 herein may not apply to you.

8. Indemnity

   You agree to defend, indemnify and hold 13 FIND and its officers, directors and employees harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorney's fees, incurred in connection with any suit or proceeding brought against us arising out of your use of the Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms of Use by you. If you are obligated to indemnify us, 13 FIND will have the right, in its sole and unfettered discretion, to control any action or proceeding and determine whether 13 FIND wish to settle it, and if so, on what terms.

13 FIND^® Additional Terms of Use for Business Listings and Advertisers

Additional Terms of Use

These additional terms and conditions of use ("Additional Terms") apply to all businesses who have or requested to have their business details supplied to 13 FIND and/or listed on the Services, including those who have opted to claim an existing business listing, as well as to all others who choose to advertise with 13 FIND, and/or on the Services (together in these Additional Terms defined as "Advertisers" or "you").

In conjunction with the above Terms of Use, these Additional Terms govern all Advertiser's use of the business listing and finding service, that allows Advertisers to register and/or list your business with 13 FIND so that users may locate your business when users make certain relevant queries to 13 FIND, as well as any other form of advertising with 13 FIND (together "Advertising Services"). Advertising Services include, but are not limited to, displaying certain information about your business from time to time, transferring or diverting calls to you and sending certain information to users of 13 FIND through various methods such as SMS messages or emails.

These Additional Terms form an integral part of the above mentioned Terms of Use and all Advertisers must read these Additional Terms in conjunction with the Terms of Use. The definitions provided in the above Terms of Use also apply to these Additional Terms and reference to the Terms of Use herein includes reference to the Additional Terms. Moreover, the Advertising Services form part of the Services as defined in the above Terms of Use. As such everything that applies to Services should, for the purposes of these Additional Terms, be read to also apply equally to Advertising Services irrespective of whether Advertising Services are mentioned separately to Services.

Please also note that further terms and conditions for Advertising Services may be contained in approved order forms and invoices for Advertising Services, credit applications (where applicable), promotional and other documentation provided to you by 13 FIND or its authorised resellers ("Resellers).

13 FIND may at its sole discretion modify these Additional Terms at any time, and such modifications will be effective immediately upon posting the modified agreement on the Site, Mobile Site and/or Mobile App. These Terms must be accepted and complied with by all who use the Services in any way.

1. General

   1. The Advertising Service is provided to you by 13 FIND on an "as is", "as available" basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use the Advertising Service for other purposes, directly or indirectly, by you or by a third party is prohibited.
   2. Unless explicitly stated otherwise, any new features that augment or enhance the current Advertising Service will be subject to both the Terms of Use and these Additional Terms. Your participation in the Advertising Service is conditional upon your acceptance of the stated Terms of Use and Additional Terms. Your acceptance of these Additional Terms is indicated by your payment for the Advertising Service or, should payment not be required, then by your request, registration or submission to us to list your business or advertise with 13 FIND.
   3. If at any time these Additional Terms are no longer acceptable to you, you should immediately terminate your subscription to the Advertising Service in writing.

2. Registering for Advertising Services

   1. The Advertising Services may only be offered to you by self-registration, by a sales consultant of 13 FIND or by Resellers.
   2. You must provide accurate, complete, and current registration information and you agree to provide the Advertising Service with an update of that information promptly should changes occur.
   3. Subscriptions to the Advertising Service are available only to individuals who are at least 18 years of age or to incorporated businesses, sole traders, trusts, partnerships or associations owned or operated by individuals who are at least 18 years of age.
   4. 13 FIND will, at its absolute discretion, determine the categories, key words and anything else used to categorise or describe businesses for the purposes of users finding them by using the Services. Moreover, 13 FIND may change at any time its methods and algorithms used to help users find the information they are looking for, including changes to business categories and classifications as well as to various key words or terms. Advertisers further agree as a condition of advertising with 13 FIND that 13 FIND reserves the right to re-classify Content, entitling 13 FIND to withdraw Content from one category and to re-publish Content in another category.
   5. 13 FIND may terminate, at its own discretion, any registration or Advertising Service whether active or inactive, including without limitation any or all related information, communications, postings, web pages, websites, mobile websites, applications, or services, at any time, without notice, for any reason or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or the Terms, or material that 13 FIND, at its own discretion, believes is harmful to others, the business of 13 FIND or other third party information or service providers.
   6. Upon submission, registration or request to use the Advertising Service and on an ongoing basis, you will be asked to provide certain business and other information in order for you to effectively advertise on 13 FIND, for 13 FIND to properly communicate with you and for other purposes such as billing (together "Content"). For further details on the type of information we collect and how we use this information, please see our Privacy Policy and the Terms, in particular Section 11 below.
   7. You assume all risk and responsibility for determining whether any and all Content is in the public domain, regardless of any notices which may be posted on such Content ("Public Content").
   8. Any information supplied by you upon registration for the Advertising Service and certain other information which we may collect is subject to our Privacy Policy and the Terms, in particular Section 11 below.
   9. 13 FIND reserves the right to charge a set-up and/or administration from your account upon registration or upon renewal of the Advertising Service but will only do so by first providing you with notice of any such charge.
   10. As a registrant of the Advertising Service, you acknowledge that there is no guarantee that your Public Content will be located or used by users of 13 FIND, nor is there any obligation on 13 FIND to make sure that users locate or use your Public Content.
   11. You further acknowledge that there may be other Advertisers' Public Content or other business information provided to 13 FIND that may, at any time and for any reason, be shown to users ahead of or instead of your Public Content.

3. Advertiser Conduct

   1. You, as an Advertiser and user of the Advertising Service, understand that all information contained in your Content, whether publicly posted or privately transmitted, is your sole responsibility. This means that you are responsible and may be held legally liable for all Content that you upload, post or otherwise transmit via the Advertising Service or other Services.
   2. 13 FIND does not control, actively monitor or review the Content uploaded, posted, transmitted or made available on or through the Advertising Service and 13 FIND will not be responsible for any Content and does not guarantee the accuracy, integrity or quality of such Content.
   3. Advertisers agree at all times to deal with any Services, information or products provided by 13 FIND or accessed via 13 FIND or its Services in a manner which complies with all applicable laws (including privacy and copyright laws).
   4. Advertisers must ensure that all Content provided by them to 13 FIND comply with the Terms, all applicable legislation, regulations, by-laws, ordinances or codes of conduct, including but not limited to the Trade Practices Act 1974 (Cth), the Fair Trading Acts in all applicable States and Territories and the intellectual property rights of others. Advertisers agree to keep 13 FIND, its officers, employees and agents fully indemnified against any losses, costs, expenses, charges, damages or liabilities incurred in relation to any actions or claims brought by any person or entity against 13 FIND, its officers, employees or agents as a result of an actual or alleged breach by an Advertiser of any law, regulation, by-law or code of conduct, breach of another's intellectual property rights or such other actions or claims brought as a consequence of your use of the Services.
   5. Advertisers may not assign or transfer any rights and obligations under these Terms to any other person or entity without 13 FIND's prior written approval (which will not be unreasonably withheld). If an Advertiser is a company, any change in that Advertiser's effective control will be deemed an assignment for the purpose of this clause.

4. Information Posted on the Advertising Service

   1. By transmitting, uploading, posting or submitting any Content to the Services you:
      1. declare that any Public Content is not confidential, secret or proprietary information;
      2. warrant that no other party has rights to the Content and that your transmission, posting, uploading or submission of the Content to the Advertising Service does not violate any copyright or other laws;
      3. in accordance with the Terms, with regard to any Public Content, you irrevocably grant the 13 FIND a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose including the waiver of any moral rights in your contribution;
   2. 13 FIND will not be obligated to actively monitor, review, or otherwise control in any manner, the content users post, upload or transmit through the Services or directly to Advertisers in any form.
   3. Where applicable, and subject to the Terms, 13 FIND will use all reasonable efforts to make a successfully application for Advertising Services ready for public use as soon as practical but 13 FIND will not be liable for any loss or damage incurred by an Advertiser as a result of any failure or delay to do so.
   4. 13 FIND reserves the right, in its sole discretion, to refuse or remove any Content or other information available on or through the Advertising Services. Without limiting the foregoing, 13 FIND will have the right to remove any Content or information that violates the Terms of Use or is otherwise objectionable in the 13 FIND's sole opinion.
   5. By submitting Content or other information to the Advertising Service you undertake full responsibility to:
      1. determine whether the information complies with your needs;
      2. determine whether you have adequate legal rights to store, reproduce or otherwise use the information in any manner contemplated by you; and
      3. comply with any legal obligations, including without limitation obligations imposed by copyright, trade secret, defamation, indecency, online conduct and acceptable content, privacy and export laws. If you do not agree to these terms and the Terms of Use do not request, submit or register to use the Advertising Services.

5. Third Party Content

   1. Some portions of the Advertising Services or the Services in general may include links to Third Party Content. Please see the Terms of Use above for further details.

6. Fees and Payments

   1. You agree to pay all applicable fees and charges incurred by you or any third party using your Advertising Service account (whether or not authorised by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Advertising Service.
   2. Your right to use the Advertising Services is subject to any limits established by your credit card company if billing is through a credit card. Except where otherwise specifically stipulated within these Additional Terms, you will be responsible for obtaining all telephone numbers as well as all telephones, telephone access lines, computer equipment and other products or services necessary to access and use the Advertising Services.
   3. Except where otherwise specifically stipulated within these Additional Terms, you will be responsible for all charges associated with accessing and maintaining a connection to the Advertising Services and Services in general (for example, charges imposed by an internet access provider, or your local telephone company).
   4. 13 FIND may offer a number of packages, payment methods and cancellation options. These options allow Advertisers to pay upfront for a certain number of advertising leads and, unless renewed, once the credit in their account is used up or expires (such expiry may occur at 13 FIND's sole discretion, but in no case earlier than 30 months), the Advertising Services will be cancelled. 13 FIND may, at is sole discretion, offer Advertisers the ability to automatically renew or top-up their current package or provide options for Advertisers to change their advertising package. In all cases:
      1. Where an Advertiser's account has certain spending limits imposed ("Spending Limits"), 13 FIND reserves the right, in its absolute discretion, to increase, decrease or eliminate those Spending Limits should the Advertiser be receiving additional benefit beyond the value determined by the Spending Limit set by the Advertiser or for any other reason that 13 FIND believes, in its absolute discretion, is detrimental to 13 FIND or users of the Services. In no case will the Spending Limit exceed the amount of funds remaining in an Advertiser's account for that particular package.
      2. The subscription amount paid by the Advertiser is the amount agreed to over the phone with 13 FIND or a Reseller or on the order form or invoice provided at the time of sale including GST and any other applicable set-up or maintenance fees, if any. The Advertiser will adhere to any payment terms contained in an order form or invoice or as otherwise agreed between the Advertiser and 13 FIND or a Reseller over the phone.
      3. If any payment (for example, a renewal payment) has not been made, as per your payment terms, your account will be suspended until payment has been received and a reactivation fee of $50 will apply. Suspended accounts may be blocked from the Services. If there is no payment after 90 days of a payment due date, as per the payment terms, the account may be cancelled and the account will not be subject to any form of a refund. Cancelled accounts cannot be reactivated and any account history or information may not be retrievable.
      4. Per-lead payments for advertising leads may vary depending on the nature of your business and the channel through which the lead is generated (e.g. phone call, internet, mobile website, SMS lead, etc). In these instances, your account is debited at the time when the consumer elects the particular option that constitutes generating a lead. As an example, if you are a paying advertiser with us and a consumer calls the number 13 FIND (13 3463) and requests to be through-connected to your business, you will be charged for that lead at the point of a successful through-connection, regardless of whether you answer the phone, the call is diverted to an answering service or the call or the call rings out.
      5. Nothing prevents 13 FIND or its agents from taking any action necessary to recover unpaid fees and charges. Should this be the case, any costs associate with collecting unpaid fees (such as debt collectors or solicitors fees) will become the sole liability of the Advertiser. In this event, 13 FIND may also submit a default application against the Advertiser with credit reporting agencies.
      6. Per-lead payments for advertising leads may vary depending on the nature of your business and the channel through which the lead is generated (e.g. phone call, internet, mobile website, SMS lead, etc). In these instances, your account is debited at the time when the consumer elects the particular option that constitutes generating a lead. As an example, if you are a paying advertiser with us and a consumer calls the number 13 FIND (13 3463) and requests to be through-connected to your business, you will be charged for that lead at the point of a successful through-connection, regardless of whether you answer the phone, the call is diverted to an answering service or the call or the call rings out.
      7. The invoicing schedules for renewal will depend on the agreed package that the Advertiser purchases as per the order form, invoice or verbal agreement.
      8. Payments for the Advertising Services will be invoiced in advance, that is, prior to the start of the Advertising Services being made available for public use. Where there are no credit terms with an Advertiser, 13 FIND reserves the right to delay commencement of making the Advertising Services available for public use until the Advertiser's funds are received by 13 FIND or a Reseller.
      9. 13 FIND reserves the right change the structure, form and pricing of any of its packages at any point in time however, once a particular package is fully paid for by an Advertiser, 13 FIND will not alter the structure, form or pricing of that particular package without the prior consent of the Advertiser.
      10. GST will be charged to the Advertiser for any package or other product or service purchased from 13 FIND.
   5. Should you register for Advertising Services with a Reseller it is possible, based on your arrangement with that Reseller, that you will not be provided with an "Advertiser Login" to amend your Content as such management of your account may be done by the Reseller on your behalf as part of the service they provide to you. An Advertiser Login allows an Advertiser (or a Reseller or both depending on what was agreed) to login to the Advertising Services, amend details and track the leads it is receiving from users of the Services.
   6. To become a registered user or an Advertiser, you must provide a password and a login name for your Advertiser Login. You are entirely responsible if you do not maintain the confidentiality of your password and login name. In addition, you are entirely responsible for any and all activities that occur using your login name.
   7. You agree to notify 13 FIND as soon as you become aware of any unauthorised use of your login name or any other breach of security in connection with 13 FIND, the Advertising Services or Services in general.
   8. The Advertising Services will provide reporting to the Advertiser, or its authorised agent (e.g. a Reseller) through the Advertiser Login. When the funds paid by the Advertiser for a particular package get close to full usage, 13 FIND and/or its Reseller may issue the Advertiser with a notice, and subject to these Terms of Use, offer the Advertise an option to renew, top-up or purchase a different package from 13 FIND. All notices will be served in writing and will be sent by electronic mail, facsimile or electronic mail to the Advertiser at their respective addresses as specified on the order forms or in their Content.
   9. As a matter of policy, and unless for a specific purpose and with the Advertiser's written consent, 13 FIND does not keep your credit card or payment details on file. However, it is possible that certain Resellers do keep such information and 13 FIND takes no responsibility for any matter that may arise in relation to this.

7. Cancellation & Refund Policy

   1. As one type of the Advertising Services, 13 FIND sells various packages to Advertisers. Where a package has been purchased by an Advertiser, 13 FIND may, at its sole discretion, provide the Advertiser with a refund for only the unused portion of the account balance (less applicable fees or charges if any) for that particular package. Once the refund is provided, that particular package and associated Advertising Services will immediately be cancelled. The Advertiser is still responsible for all charges incurred up to the time of cancellation. 13 FIND reserves the right to charge an administrative fee of $100 where it grants any refunds or cancellations.
   2. Where the Advertising Service purchased is not in the form of a package then the specific terms of that order form, invoice or other documentation will govern the terms of cancellation.
   3. Any notification of a request for a refund or intent to cancel must be provided in writing or by email to sales@13find.com.au or to your Reseller.
   4. One a refund is approved, it will be processed within 20 working days.
   5. Any Spending Limit amount that has already been spent, including any over amount to a Spending Limit referred to in Clause 6(d)a. above will not be refunded under any circumstances.
   6. 13 FIND reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Advertising Services at any time for any reason without prior notice or liability. 13 FIND may change, suspend or discontinue all or any aspect of the Advertising Services at any time, including the availability of any Advertising Service feature, database, or content, without prior notice or liability.

8. Disclaimer of Warranties

   1. In addition to the Disclaimer of Warranties contained the Terms of Use above which will also apply to Advertising Services in the same manner they apply to Services:
      1. You expressly agree that entering or using of the Advertising Services is at your own risk. No warranty, representation, condition, undertaking or term - express or implied, statutory or otherwise - including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of the Advertising Service is given or assumed;
      2. 13 FIND makes no warranty or guarantee that the Advertising Services will: meet your requirements; generate additional leads; increase sales, business activity or profits or any other form of improvement for your business; lead to any exposure of your business or any keywords or other information contained in your Content and if such exposure does occur that the placement of your business information is ranked highly; or that the Advertising Services will be uninterrupted, timely, secure, or error free;
      3. 13 FIND does not warrant or guarantee that any information available on or through the Advertising Services will: be free of infection by viruses, worms, trojan horses or anything else containing destructive properties; that the information available on or through the Advertising Services will not contain material which some individuals may deem objectionable; or that the functions or services performed by the Advertising Services will be uninterrupted or error-free or that defects in the Advertising Services will be corrected.
      4. The Resellers make no warranty nor representation that they are employees of 13 FIND or that they have any control over the operation of the Advertising Services or other Services offered by 13 FIND;

9. Limits on Liability

   1. In no event will 13 FIND be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising - in any way, shape or form - out of the availability, use, reliance on, inability to utilise or improper use of the Advertising Services or Services even if 13 FIND has been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you.
   2. In no event will 13 FIND be liable to any party for any delays, inaccuracies, errors or omissions with respect to the Advertising Services or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through the Advertising Services or Services. You expressly agree that 13 FIND will not be responsible or liable for any loss of data, nor will it be required to return any lost data, resulting from the suspension or deletion of user information, network or system outages, file corruption or any other reasons.
   3. 13 FIND urges you to maintain backup versions of your Content to guard against losses of any kind. You expressly agree that 13 FIND will not be liable for any conduct by users of the Advertising Services or Services and will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through the Services or Advertising Services. You expressly agree to indemnify and hold harmless 13 FIND, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) arising from or in connection with your Content, your use of or connection to the Services or Advertising Services, your violation of these Terms, your violation of any rights of any third party in any way or your violation of any law.
   4. Notwithstanding the above, 13 FIND's aggregate liability to the Advertiser will be limited at 13 FIND's discretion, to the re-supply of any Advertising Service or a refund of any unspent funds pre-paid by the Advertiser or the maximum sum of two hundred ($200) dollars.

10. Debtor Policy

    1. Default and consequences of default:
       1. Interest on overdue invoices will accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and will accrue at such a rate after as well as before any judgement.
       2. If the Advertiser defaults in payment of any invoice when due, the Advertiser will indemnify 13 FIND and/or the Reseller as the case may be from and against all costs and disbursements including all reasonable legal fees and all costs of collection.
       3. Without prejudice to any other remedies 13 FIND or a Reseller may have, if at any time the Advertiser is in breach of any obligation (including those relating to payment), 13 FIND may suspend or terminate the supply of Advertising Services to the Advertiser and any of its other obligations under the Terms. 13 FIND will not be liable to the Advertiser for any loss or damage the Advertiser suffers because 13 FIND exercised its rights under this clause.
       4. If any account remains unpaid at the end of the second month after supply of Advertising Services or other goods or services the following will apply: an immediate amount of $50.00 may be levied for administration fees which sum will become immediately due and payable.
       5. In the event that:
          1. any money payable to 13 FIND becomes overdue, or in 13 FIND's opinion the Advertiser will be unable to meet its payments as they fall due; or
          2. the Advertiser becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
          3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Advertiser or any asset of the Advertiser; then
          4. 13 FIND will be entitled to cancel all or any part of any order of the Advertiser or Advertising Service without refund in addition to and without prejudice to any other remedies.

11. Privacy

    1. In addition to 13 FIND's Privacy Policy:
       1. The Advertiser and/or any guarantor(s) of the Advertiser agree that 13 FIND is permitted to obtain from a credit-reporting agency a credit report containing personal credit information about the Advertiser and its guarantor(s) in relation to credit provided by 13 FIND.
       2. The Advertiser and/or any guarantor(s) agree that 13 FIND may exchange information about the Advertiser and guarantor(s) with those credit providers named in an application for credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
          1. To assess a application by an Advertiser,
          2. To notify other credit providers of a default by the Advertiser,
          3. To exchange information with other credit providers as to the status of this credit account, where the Advertiser is in default with other credit providers, and
          4. To assess the credit worthiness of Advertiser and/or any of its guarantor(s).
       3. The Advertiser consents to 13 FIND being given a consumer credit report to collect overdue payment on commercial credit (in accordance with the Commonwealth Privacy Act 1988).
       4. The Advertiser agrees that any personal data provided may be used and retained by 13 FIND for the following purposes and for other purposes as will be agreed between the Advertiser and 13 FIND or required by law from time to time:
          1. The provision of Services or other related services,
          2. The marketing of Services and or other products by 13 FIND, its agents or distributors in relation to the Services,
          3. Analysing, verifying and/or checking the Advertiser's credit, payment and/or status in relation to provision of Services or related services,
          4. Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Advertiser, and
          5. Enabling the daily operation of the Advertiser's account and/or the collection of amounts outstanding in the Advertiser's account in relation to the Services or related services.
       5. 13 FIND may give, information about the Advertiser to a credit reporting agency for the following purposes:
          1. to obtain a consumer credit report about the Advertiser; and/or
          2. allow the credit reporting agency to create or maintain a credit information file containing information about the Advertiser.
    2. Our Advertising Services are designed to allow Advertisers to make available to the general public the Public Content. Consequently, by submitting any Public Content, you thereby waive any privacy expectations you have with respect to our use of your information provided to us. If you do not wish to have your information about yourself viewed by or disclosed to others, please do not use our Services.
    3. 13 FIND may collect certain other information from you that is not Public Content. In most cases, 13 FIND will not intentionally transfer this information to unaffiliated third parties without your consent nor will we breach any terms of our Privacy Policy. However, 13 FIND reserves the right to transfer such information without your consent to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party or in response to a court order or subpoena as otherwise required or permitted by law. In addition, 13 FIND provides this information to third-party service providers who help us maintain our Services and deliver information and services to you and other users of our Services.

12. Allocated Telephone Numbers

    1. In some instances, Advertisers will be allocated new telephone numbers ("Allocated Number") to use in connection with the Advertising Services and the Services. The purpose of this Allocated Number is allow the Advertiser and 13 FIND to track when phone calls are made to the Advertiser due to the usage of the Services.
    2. 13 FIND may, at is absolute discretion, waive the need for an Advertiser to use an Allocated Number and allow the Advertiser to purchase a different Advertising Service package with alternate, higher, pricing for non-telephone based leads.
    3. Where Advertisers are given an Allocated Number, they acknowledge and understand that this number will replace one of all of their normal business contact numbers in the Public Content. Advertisers further understand that, except where 13 FND in its absolute discretion otherwise permits, the Allocated Number will be displayed in the Advertiser's Public Content and any Public Content that 13 FIND may share with others in accordance with these Terms.
    4. Generally, 13 FIND will pay the costs associated with providing the Allocated Number. However, there may be specific instances where the Advertiser is charged for an Allocated Number, for example, where the Advertiser wishes the answer-point for the Allocated Number to be a satellite telephone. Advertisers will be made aware of any additional costs involved through relevant promotional materials, by 13 FIND or a Reseller prior to the time of purchase.