Explant Info terms and conditions

Explant Info terms and conditions

Set out below are the terms and conditions on which you agree to engage in the activities of the Website including:

1. Advertising goods and services on the Website;

2. Contacting Advertisers in relation to the supply of goods and services by the Advertisers;

3. Contributing Material to the Website;

4. Using any other features of the Website;

5. Browsing the Website.

By registering and\or participating in the activities of the Website, you accept these terms and conditions.

You acknowledge that these terms and conditions constitute a legally enforceable contract between Explant Info and you. If you do not accept these terms and conditions, you must not register or participate in the activities of the Website.

Refund Policy

Paying businesses and skilled individuals agree that membership payment is for 1 calendar year or part thereof and is non-refundable at the time that payment is made.

If you are dissatisfied with the Explant Info Directory or Explant Info Directory’s services you are free to discontinue using the website, and as such membership fees or other payments you have made. Explant Info Directory are not subject to refunds.

In the case of an event not specifically covered in the Refund Policy, refunds will be given at the discretion of Explant Info Directory.

Refunds paid in accordance with this Refund policy will be paid within 60 business days via the same method the payment to be refunded was made to Explant Info Directory in the first instance.

Business users who claim a refund from their credit card provider or bank without contacting our Customer Support team first (unauthorised refund) will have their paid membership immediately suspended. Explant Info Directory may issue an invoice to recover up to the full value of any unauthorised refund to the relevant business user. Explant Info Directory may contract a debt collection agency or use other legal means to recover unauthorised refunds. Explant Info Directory may charge you interest plus any costs we incur as a result of collecting your payment.

Delivery Policy

Upon receipt of payment, Explant Info will enable your business details to appear within our directory for the period determined by your selected plan.

Definitions

1. The following words and phrases have the meanings given to them in these terms and conditions:

(a) Explant Info means Explant Info (ABN 56 104 925 737) trading as Explant Info.

(b) Website means the website having the domain name http://explantinfo.com/ or such other domain name as may be advised by Explant Info in the future.

(c) You means the person who is registering under these terms and conditions and, if that person is acting on behalf of a company, partnership or other organisation or entity, includes that company, partnership or other organisation or entity and its employees and representatives.

(d) Advertisement means any advertisement, listing or other material posted on the Website by an Advertiser.

(e) Advertiser means any person who advertises or lists goods or services on the Website including you where you are such a person.

(f) Customer means any person who deals with an Advertiser including you where you are such a person.

(g) Copyright Act means the Australian Copyright Act 1968 (Cth).

(h) Material means any material posted on the Website including any description of goods or services, Advertisement, listing, blog, comment, written material, ratings or any other subject matter posted on the Website.

(i) Ratings System means the rating system features of the Website which enable users to provide ratings and comments on the conduct and reliability of other users.

2. Where appropriate, words and phrases used in these terms and conditions have the meanings given to them in the Copyright Act. For example, communicate means make available online or electronically transmit, etc as set out in section 10 of the Copyright Act.

Your registration

3. On registering to use the Website, you warrant and represent that:

(a) The information you provide to Explant Info is true, complete, accurate and up to date.

(b) You are at least 18 years old.

4. You must not:

(a) Register if you are less than 18 years old.

(b) Divulge your password or other registration information to any other person.

5. You are responsible for ensuring that the information provided by you and held by Explant Info is kept up to date and is at all times true and accurate.

6. You must immediately notify Explant Info of any breach of security or unauthorized use of your registration. You are responsible for all Material placed on the Website using your registration and will indemnify Explant Info for any loss or damage suffered as a result of such Material.

7. Explant Info may at any time terminate or suspend your registration at its absolute discretion.

Explant Info not party to agreements between Advertiser and Seller 

8. Any agreement entered into between you and any Advertiser or Customer/Patient is between you and the Advertiser or Customer/patient only. Explant Info is not a party to any such agreement. Explant Info is not acting as:

(a) Your agent in connection with the sale or purchase of goods or services from an Advertiser; or

(b) The agent of any Advertiser or Customer.

9. Explant Info takes no responsibility for enforcing any agreement entered into by you and any Advertiser or Customer. Explant Info will not become involved in any dispute between you and any Advertiser or Customer.

Responsibility for Advertisements

10. You acknowledge that the Advertisements posted on the Website are posted by Advertisers and not by Explant Info and that:

(a) Explant Info is not responsible for the content of Advertisements.

(b) Explant Info is not responsible for the goods or services provided to you by any Advertiser.

11. Where you are an Advertiser, you must not:

(a) Advertise goods or services you are not qualified, licensed or certified to provide.

(b) Provide to any Customer any goods or services you are not qualified. Licensed or certified to provide.

(c) Carry out any work which is required to be certified or approved in any way when you are not able to provide such certification or approval.

12. Explant Info may from time to time specify the information to be provided by an Advertiser before an Advertisement can be posted on the Website. Explant Info is entitled to refuse to list or may remove an Advertisement at its absolute discretion.

13. Explant Info may from time to time specify minimum standards for goods or services before they can be listed for sale on the Website.

14. Where you are a Customer, you acknowledge and agree that:

(a) To provide certain goods or services, the provider must in some circumstances hold appropriate qualifications, licences or certifications (e.g. such as a licensed electrician or plumber).

(b) Some goods or services must be appropriately certified or approved at the time they are provided (e.g. electrical or plumbing installations).

(c) You are responsible for ensuring that an Advertiser is appropriately qualified, licensed or certified to provide goods or services to you and that all goods or services are appropriately certified or approved at the time they are provided.

(d) Explant Info is not responsible for any goods or services provided to you by an Advertiser or for any failure of the Advertiser to be appropriately qualified, licensed or certified or for any goods or services which are provided without appropriate certification or approval.

Warranties

15. In advertising goods or services on the Website, the Advertiser warrants to Explant Info and the Customer that:

(a) The Advertiser is entitled to supply the goods or services.

(b) Any goods are of acceptable quality as defined in section 54 of the Australian Consumer Law (except where otherwise described by the Seller).

(c) Any goods or services are fit for their intended purpose (except where otherwise described by the Advertiser).

(d) Any goods or services will conform to the description of the goods or services posted on the Website by the Advertiser.

(e) Where goods or services are offered for sale by reference to a trade mark, the Seller is entitled to use the trade mark in relation to those goods or services.

(f) Where applicable, the consumer guarantees set out in the Australian Consumer Law will be complied with.

(g) The Advertiser is suitably qualified, licensed or certified to provide the goods or services in any Advertisement.

(h) Any work carried out which is required by any law, regulation or standard to be certified or approved will be certified or approved in accordance with the applicable law, regulation or standard.

16. You acknowledge that the above warranties are given by the Advertiser and not by Explant Info. Explant Info does not give any such warranties.

Copyright

17. You acknowledge that all content placed on the Website is subject to Australian and international copyright laws.

18. You must not reproduce, communicate or do any other act in relation to any work or other subject matter on the Website which would result in an infringement of copyright. Without limiting the above, you must not (except where expressly permitted by these terms and conditions):

(a) Copy or publish any Material, content or work or other subject matter contributed by any other person.

(b) Download any Material, content or work or other subject matter.

(c) Send a copy of any Material, content or work or other subject matter to any other person.

(d) Communicate any Material, content or work or other subject matter contributed by any other person.

19. You may store and display Material and other content on your own computer and make a single hard copy for your own personal use. By placing Material on the Website, you grant a licence to other users to store and display your Material on the user’s computer and to make a single hard copy for the user’s own personal use.

20. You may forward details of goods or services advertised on the Website as permitted by the Website.

21. In relation to your Material, you acknowledge and agree that all Material contributed by you must not infringe the copyright or other intellectual property rights of any other person.

22. You warrant and represent to Explant Info that:

(a) The posting of any Material on the Website by you will not infringe the copyright, moral rights or other intellectual property rights of any other person.

(b) You have not granted any licence to or entered into any agreement with any other person in relation to any Material which is inconsistent with the inclusion of the Material on the Website by you.

(c) You are entitled to contribute the Material to the Website and to have the Material published on the Website.

23. By making Material available on the Website, you grant to Explant Info a worldwide, perpetual, transferable, non-exclusive, royalty free licence to include the Material on the Website and to permit users of the Website to view the Material on the Website and to copy the Material as permitted by these terms and conditions.

24. You may at any time request Explant Info to remove any Material contributed by you from the Website and Explant Info will comply with such a request within a reasonable period.

Intellectual property

25. Explant Info retains all intellectual property rights in relation to the Website including the content of the Website provided by Explant Info and all trademarks, domain names and indicia used in relation to the Website. You must not use any trade mark, domain name or other name or indicia belonging to Explant Info.

26. You must not advertise any goods or services on the Website where the sale or offering for sale of such goods or services will infringe the intellectual property rights of any person. Without limiting the foregoing, you must not include any Advertisement which refers to:

(a) Counterfeit goods or goods which bear a trade mark which has been applied to the goods without the licence or consent of the owner of the trade mark.

(b) Goods which have been made in infringement of any patent, design right, copyright or any other intellectual property right.

27. You must not include any Advertisement for any goods or services which refers to a trade mark to which the goods or services are not entitled.

Restrictions on Material

28. You must not post or attempt to post any Material on the Website which contains any content which:

(a) is defamatory;

(b) is abusive, threatening or offensive;

(c) is obscene;

(d) is discriminatory or offensive in terms of race, gender, sexual preference, religious views or otherwise;

(e) is maliciously false or which falsely denigrates any person, product or services;

(f) breaches any obligation of confidence owed to any person;

(g) is misleading or deceptive;

(h) amounts to harassment, stalking or similar conduct;

(i) would result in a contempt of court, or breach of a suppression or other court order limiting the publication of information relating to court proceedings;

(j) is otherwise unlawful or which may give rise to legal action against you;

(k) is in breach of any law, regulation or standard regarding the supply of goods or services by you including any law, regulation or standard which provides for the licensing or certification of suppliers of goods or services or for the certification or approval of the work carried out by you;

(l) misrepresents your qualifications, experience or ability to carry provide goods or services;

(m) states or implies that you are licensed, certified or approved to provide certain goods and services when you are not appropriately licensed, certified or approved.

29. In using the Website, you must not:

(a) attempt to impersonate any person;

(b) state or imply that you represent any person, company or other entity when this is not the case;

(c) attempt to alter or edit any material or content posted by another person or other content of the Website;

(d) engage in spamming or other conduct involving the sending of unsolicited emails;

(e) do anything which affects the functioning of the Website or any other website, including the use of viruses, Trojan horses or other means of analyzing, interrupting or adversely affecting the functionality of the Website or any other website;

(f) use any automated system (including those known as a site crawler, spider or robot) to access or analyze any information or content of the Website (except where permitted by Explant Info);

(g) engage in the activity known as hacking or otherwise attempt to access restricted areas of the Website or other computer systems though the Website;

(h) attempt to access any person’s personal information held by Explant Info;

(i) attempt to disable, circumvent or otherwise interfere with the security features of the Website;

(j) place any link on the Website or other means by which users of the Website can access other websites;

(k) unfairly denigrate the Website or any activities engaged in by any users of the Website;

(l) place any unauthorised Advertisement or other Material on the Website.

30. You acknowledge that some of the Material placed on the Website is contributed by users and that the opinions, views, advice and statements made in such Material are not made or provided by Explant Info. Explant Info is not responsible for such Material or any reliance on such material by you.

31. You acknowledge that the goods or services advertised on the Website are the goods or services of the Advertiser and not Explant Info. Explant Info does not endorse or provide any warranty, guarantee or assurance in relation to any Advertiser or any goods or services offered for sale.

Monitoring and removal of material

32. You acknowledge and agree that Explant Info may at any time and at its absolute discretion remove any Material from the Website and without giving any reason for its removal. Without limiting the foregoing, Explant Info may at any time remove any Advertisement from the Website where it breaches any of these terms and conditions.

33. You acknowledge that Explant Info is entitled to monitor all Material and to disclose information, including personal information, to appropriate government and other agencies where required or where it is otherwise reasonable or appropriate for such information to be disclosed (subject to Explant Info’s legal obligations under privacy and other laws).

34. Explant Info may at any time and at its absolute discretion discontinue the Website or any part of it.

Privacy

35. You consent to Explant Info holding and using your personal information for the purpose of your use of the Website. Such personal information will be held and used subject to Explant Info’s privacy policy which can be found at http://explantinfo.com/contact/privacy-policy/

Unavailability 

36. From time to time the Website will not be available due to maintenance or other reasons. Explant Info will notify users by placing a notice on the Website.

Ratings

37. In using the Ratings System all users must act fairly and reasonably and comply with these terms and conditions. All ratings must be genuine and made in good faith.

38. You must not do anything which adversely affects the integrity of the Ratings System including (without limitation):

(a) Providing favourable ratings for yourself or persons associated with you where there is no justification for such rating.

(b ) Providing unfavourable ratings for other users where there is no justification for such rating.

(c) Threatening any other user with an unfavourable rating or comment.

39. You acknowledge that the Rating System is subject to the input of users and that Explant Info is not responsible for the outcome of the Rating System. Explant Info will not be liable to you and all liability is excluded in relation to the Ratings System and its use by users of the Website.

Indemnity

40. You will indemnify Explant Info and keep Explant Info indemnified against any loss or damage suffered by Explant Info (including any legal costs incurred) which arises out of circumstances where you are in breach of any of these terms and conditions, including (without limitation) where a claim is brought against Explant Info by any other person as a result of any breach of these terms and conditions or Material placed by you on the Website or any use of the Website by you.

41. Without limiting the above, you will indemnify Explant Info and keep Explant Info indemnified against any loss or damage suffered by Explant Info (including any legal costs incurred) arising out of any claim alleging that:

(a) Any Material posted by you infringes the copyright or other intellectual property rights of any other person;

(b) Any Material posted by you contains material or content which is prohibited pursuant to these terms and conditions.

No Warranties

42. Except to the extent that any law or statute prohibits the exclusion, restriction or modification of any warranty, guarantee, right or remedy imposed by law, Explant Info gives no warranties or guarantees and makes no representations regarding the Website or the advertising of goods or services on the Website or the contents or availability of the Website or any of the Material contributed to or other content contained on the Website. Except to the extent that any law or statute prohibits the exclusion, restriction or modification of any warranty, guarantee, right or remedy imposed by law, all other  warranties or guarantees are excluded.

43. Explant Info’s liability and your sole remedy for breach of any express warranty, or any warranty guarantee right or remedy implied or conferred by law, is limited to, at Explant Info’s option, one or more of: in the case of any goods: (a) replacement of the goods or the supply of equivalent goods; (b) repair of the goods; (c) payment of the cost of replacing the goods or of acquiring equivalent goods; (d) payment of the cost of having the goods repaired; or in the case of any services (a) supplying the services again; or (b) payment of the cost of having the services supplied again.

Liability

44. Except as expressly provided elsewhere in this agreement or where liability cannot be excluded or limited by operation of law, Explant Info will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to dealings between you and any Advertiser or Customer using the Website, the sale of any goods or services by any Advertiser, the inclusion of your Material on the Website, Material posted on the Website by third parties or your use of the Website.

45. Without limiting the generality of the above, Explant Info will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of revenue, business or profits, loss resulting from business interruption, loss of business information, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the supply of any goods or services by any Advertiser, the inclusion of your Material on the Website, the Material posted on the Website by third parties or your use of the Website, even if Explant Info has been advised of the possibility of such damages.

46. You acknowledge that the websites of third parties may be accessed through the Website and that Explant Info has no control over such third party websites. Explant Info will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to any third party website accessed through the Website.

47. You acknowledge that the content and Material posted by third parties on the Website are made pursuant to these terms and conditions but that Explant Info is not responsible for such content or Material. Explant Info will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of the supply of any goods or services, any Material posted by third parties on the Website or any criticism, comment or other content of any third party Material which are made in relation to your Material or which are otherwise posted on the Website.

48. You acknowledge that your Material will be made available on the Website and that there is a risk that other persons may attempt to copy your Material. Explant Info cannot guarantee that your Material will not be copied.  Explant Info will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any copying of your Material by any other person.

49. You acknowledge that Explant Info has no control over any contact which may be made with you using the Website or for any contractual or other relationship which you may enter into as a result of any contact made using the Website. Any contract or other relationship entered into by you is at your own risk. Explant Info will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any contractual or other relationship entered into with any third party using the Website.

50. You acknowledge that Explant Info has no control over the goods or services supplied to you pursuant to your use of the Website or for the qualifications, licence or certification of any Advertiser. Any contract or other relationship entered into by you is at your own risk. Explant Info will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any failure of any Advertiser to be appropriately qualified, licensed or certified or for the failure of any goods or services to be appropriately certified or approved.

51. You acknowledge that Explant Info does not endorse any party posting content or material on the Website or any goods or services of any such party. Your dealings with any third party or the purchase or use of any goods or services are at your own risk. Explant Info will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any dealings with any party posting content or material on the Website or any goods or services of any such party purchased or used by you.

General

52. If any these terms and conditions are found to be invalid or unenforceable, the balance of this agreement shall remain in full force and effect as if such terms had not been included in this agreement.

53. These terms and conditions are governed by and construed in accordance with the laws of Queensland. The parties consent to the exclusive jurisdiction of the courts of Queensland. You acknowledge that the Website is a passive website and that your use of the Website does not give rise to jurisdiction in relation to any matter outside Queensland.

54. Explant Info may amend these terms and conditions from time to time by notice on the Website and such amended terms and conditions will apply to any future use of the Website from the date of such notice.

55. All dates and times are determined by the date and time specified on the Website.

56. Explant Info will not be liable and all liability is excluded in relation to any event which is beyond the reasonable control of Explant Info including (without limitation) any Act of God, loss of power or internet connectivity, act of terrorism, criminal act or third party conduct.