BUSINESS DIRECTORY LISTING TERMS
These Business Directory Listing Terms (these Terms) set out the terms that govern your use of the services offered via the South West Mums website, which may be accessed via www.southwestmums.com (the Website). This document is a legally binding agreement between Kathryn Freebairn trading as South West Mums A.B.N.48 397 353 484 (we, us, our, or South West Mums) and you (the Business Owner).
South West Mums provides the Business Owner with a platform to upload a business directory listing (Listings) via the Website (the Service).
Your decision to create an account via the Website (the Account) means that you acknowledge that you have read and understood these Terms and agree to be bound by them. Your access to the services offered by South West Mums is conditional upon your acceptance and ongoing compliance with these terms.
We reserve the right to:
- decline, for any reason whatsoever, any request for registration for the Services via the Website; and
- amend, revise or modify these Terms at any time and without notice to you.
Your use of the Services
In order to use the Services, you must register via the registration process on the Website.
Registration occurs when the Business Owner creates an Account via the Website. When creating the account, you warrant that:
- you will provide accurate, current and complete information;
- you are solely responsible for maintaining the confidentiality of your Account log-in information, such as username, password, and any other identifying information, and are solely responsible for all activities that occur under your Account;
- you will not use another person’s account without permission from the owner of that Account; and
- you will immediately notify South West Mums of any unauthorised use of your Account or any other breach of security. South West Mums will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
After your Account is created, you may change information relating to the Account and undertake to update details relating to your Account with true and accurate information at all times.
Registration via the Website entitles the Business Owner to a non-exclusive, non-transferable right to access and use the Services, subject to these Terms. The Business Owner agrees to be solely responsible for any conduct associated with, or originating from, a Business Owner’s Account.
Term of Agreement
The agreement between the parties that is governed by these Terms will continue until such time that a party wishes to terminate pursuant to these Terms.
As a Business Owner, you may be required to provide information, images and other material (Content) about Listings that you wish to upload via the Website. You will be required to log in to your Account to provide Content.
You understand and agree that South West Mums will retain the right to review all Content and may, in our sole discretion, refuse and/or modify or edit any Content contained in the Listings.
You warrant that any Listing that you make or Content that you upload via your Account:
- is a genuine reflection of your business, as described in the Listing and that this is the sole purpose of the Listing;
- is not defamatory, offensive, indecent or objectionable;
- is not capable of misleading or deceptive in any way; or
- does not contravene any anti-discrimination laws or any other law, including any intellectual property rights of any third party.
You are solely responsible for ensuring that you do not breach any copyright laws (of any country) when uploading Content via the Website. We will not accept any responsibility whatsoever in relation to copyright infringement caused by your Listing on the Website.
All payments for the Services must be made in accordance with any amounts, terms and payment methods specified on any invoice issued by us or displayed via our Website.
All prices displayed on the Website are in Australian dollars (AUD) and include GST.
South West Mums may charge the Business Owner interest on an overdue payment owed to us at the rate of 1.5% per calendar month, calculated daily. We may also disable your Account or remove Listings until such that any overdue invoice and applicable interest is paid to us in full.
In relation to our Services, you must not:
- use our Services for any activities, or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
- use our Services to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- use our Services to send unsolicited commercial electronic messages;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
South West Mums may terminate these Terms or your Account if, in the view of South West Mums, the Business Owner has committed any material breach of these Terms and in the case of a breach capable of being remedied, has failed to remedy the breach within seven (7) days after the receipt of a written request from South West Mums.
Relationship between parties
The relationship between South West Mums and the Business Owner is contractual only and does not create a relationship of employment, partnership or any other legal relationship. Consequently, South West Mums cannot, and will not, be liable for any actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to an Business Owner’s decision to become a registrant via the Website.
Representations and warranties
Subject to all applicable laws, the Services provided by South West Mums are provided ‘as is’ and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
South West Mums will use its best efforts, techniques and accepted standards in performing the Services. However, we do not warrant that the Services will achieve any specific outcomes.
Exclusions and limitations of warranty
To the extent permitted by law, South West Mums will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
- suspension or cancellation of an Business Owner’s Account;
- your use of the Service;
- any interruptions or delays in accessing the Website or any third party websites; or
- circumstances beyond the reasonable control of South West Mums
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:
- the resupply of the Services; or
- the payment of the cost of having the Services resupplied.
To the fullest extent permitted by law, you agree to indemnify South West Mums from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of our Services.
The Business Owner shall not assign, transfer or sub-licence any of its rights or obligations under these Terms, except with the prior written consent of South West Mums.
If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in these Terms are reserved.
If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.
The laws of the state of Western Australia govern these Terms.
Please email us if you have any questions relating to these Terms.
These Business Directory Listing Terms were last updated 29 March 2017.