Definitions and Preliminary
These Directory terms and conditions should be read in conjunction with the Website terms and conditions.
Where a payment is agreed on additional terms and conditions are set out in the accepted letter offer for the specific paid services by us.
the Website means the website “Insolvency Directory”
We / Us etc means Insolvency Directory, a Division of The Business Physician Pty Limited ABN 40 105 938 225 and any subsidiaries, affiliates, employees, officers, agents or assigns.
The Purpose of this Directory
The purposes of the Directory include
- to provide a quick reference point for those involved in the insolvency industry and related fields and for those who may use insolvency services, and
- to promote insolvency service providers by allowing service providers to register their services on an online database. This allows service providers to become better known in their industry and their own communities and allows clients to support service providers more easily than otherwise would be the case.
We do not warrant the validity of the information in the Directory. The information is provided by the Listing owners and we do not verify the claims made by these persons. While a great deal of care has been taken to keep information on this site both accurate and inoffensive, we cannot be held responsible for errors, misprints, omissions or misinformation.
The Directory is provided on an “as is”, “as available” basis. We expressly disclaim all warranties, including the warranties on the quality of merchandise and services.
We disclaim all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of, or in any way related to:
- any errors in or omissions from the Directory and its content, including, but not limited to, technical inaccuracies and typographical errors;
- any third party websites or content therein directly or indirectly accessed through links in the Directory, including but not limited to, any errors or omissions therefrom;
- The unavailability of this site (and therefore the Directory) or any portion thereof; and the use of the Directory.
The Listing Owner’s Obligations
A Directory Listing must not include information that:
- is unlawful, threatening, abusive, defamatory, obscene, vulgar, objectionable, pornographic, profane or indecent;
- is false, misleading, deceptive or contains any misrepresentations;
- interferes with or inhibits clients or Listing owners from enjoying or using the Directory;
- constitutes or encourages conduct that would violate any law;
- violates or infringes upon the intellectual property rights or other proprietary rights of any other person;
- discloses confidential information of any other person without that person’s written consent;
- Is an invasion of any privacy or publicity rights of any person; or exposes us to liability.
The information contained in a Directory Listing must:
Offer only products or services that comply with all laws of the Commonwealth of Australia and New Zealand as applicable, and the respective States and Territories in which the products and services are being offered; and be true, accurate and be kept up to date.
You indemnify us against any loss, damage, demand, cost (including legal cost), expense or other liability arising from or attributable to your advertisement or any other breach by you of these terms and conditions
Our Rights and Obligations
- We reserve the right, at our sole discretion, to reject, refuse or remove a Directory Listing or a part of a listing at any time for any reason and without being obliged to provide any reasons.
- We reserve the right to make additions or changes to the information contained in a Directory Listing. If we make any such additions or changes, efforts will be made to ensure that information is accurately uploaded onto the Directory.
- We reserve the right to, at any and all times and without notice monitor a Directory Listing to ensure compliance with these Terms and Conditions; and record the outcomes of these monitoring activities, without any obligation to disclose or report the outcomes of these monitoring activities.
Limitation of Liability
- To the extent permitted by law, under these terms and otherwise in connection with your Listing, we exclude liability for all indirect, consequential or special losses or damages including loss of profits howsoever arising.
- We will not be liable to you or any other person for any loss of whatever kind suffered as a result of an advertisement, or the removal of an advertisement.
- If a condition or warranty implied by law is prohibited from being excluded, that condition or warranty applies. To the extent permitted by law, our liability for any breach of an implied term is limited to the resupply of the services.
- We may remove an advertisement from the Directory without notice at any time and for any reason.
- You may at any time, log in and delete your Listing or in writing, request for your advertisement to be removed from the Directory.
- Where a request is received in writing we will use our best endeavours to remove your advertisement from the Directory within 30 days of receiving your request.
Clauses dealing with indemnity survive termination or expiry of this agreement together with any other term which by its nature is intended to do so.
Changes to these Terms and Conditions
We may vary any of these Terms and Conditions at any time by giving reasonable notice by e-mail at the address contained in the Directory Listing, or at the contact address provided, and by notice on this website.
In the event of disagreement with any of these Terms and Conditions, use of this website must be immediately terminated. Continued use of the Directory constitutes an agreement to comply with these Terms and Conditions.
These terms and conditions are governed by and construed in accordance with the laws of the state of New South Wales, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.