In This Section:
- Website Terms of Use
- Website Privacy Policy
MoneyBits Website Terms of Use
between
Reed Business Information Pty Limited (ABN 80 132 719 861) ("Catch") (an Australian company)
and
the user of this website ("You" or "Your")
Welcome
to MoneyBits. The MoneyBits Website Terms of Use set out below
(Agreement) govern Your use of the MoneyBits Website located at
www.moneybits.com.au (MoneyBits) and form a binding agreement between Catch and You in relation to Your use of MoneyBits.
Please
read all of the Agreement carefully before using MoneyBits. By using
MoneyBits, You acknowledge and agree that You have had an opportunity
to read and understand the Agreement and agree to be bound by it. If
You have any questions, please
contact Catch prior to agreeing.
In this Agreement:
Content means all content
posted by You onto MoneyBits including, without limitation, all
text, graphics, icons, photographs and URLs.
Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.
Business Listing
means a business listing in the Database. A Business Listing may
contain information about the listed business, for example, contact
details.
Database means
the national database of Business Listings which is collected by Catch
and made accessible to the public via the online business directory on
MoneyBits.
1. Using MoneyBits – general requirements
1.1 Catch will make MoneyBits available to You on the terms and conditions of this Agreement.
1.2 You may use MoneyBits in accordance with this Agreement, including the licence granted in clause 3.
1.3 Catch takes the accuracy of its Database very seriously. If You see any material on MoneyBits which:
(a) infringes any law, regulation, standard or relevant industry code;
(b) breaches the requirements of this Agreement; or
(c) is incorrect,
please inform us as soon as possible, through the website feedback form.
1.4
MoneyBits contains content created by third parties (i.e. not by
Catch), other information obtained from public sources and links to
other websites (such content and websites together, Third Party
Content). Except as otherwise indicated, we do not endorse, sponsor or
approve any business listed on MoneyBits, any Third Party Content or
the products or services offered by any business listed on MoneyBits.
For more information about how Catch obtains information from public
online sources, please see
www.catchbot.com.
1.5 Automated access to MoneyBits by or on behalf of internet search engines is permitted.
1.6 Subject to clauses 1.5, You must not:
(a) access MoneyBits other than through the normal MoneyBits web interface;
(b)
access MoneyBits through any automated means (including, without
limitation, through the use of scripts or webcrawlers);
(c)
use MoneyBits if You have previously been barred from using it, any
other "MoneyBits" branded website or any other website operated by
Catch;
(d) infringe the intellectual property rights of others;
(e) impersonate or falsely state or misrepresent an affiliation with any person or organisation;
(f)
use MoneyBits or any information contained on MoneyBits in connection
with any surveys, contests, pyramid schemes, chain letters, junk email,
spamming or any similar activity;
(g) violate (or cause Catch to violate) any applicable law, regulation, standard or relevant industry code;
(h)
sell, resell, reproduce, duplicate, trade or exploit for any commercial
purpose any portion of, use of, access to or data on MoneyBits which
does not form part of Your Business Listing; or
(i) supply any
service through MoneyBits, other than through off-line commercial
activity generated by the Business Listing for Your own business (being
activity which takes place off the internet or off the MoneyBits
website).
1.7 You acknowledge and agree that
Catch retains complete editorial control over MoneyBits and that Catch
may, in its sole discretion and without notice to You:
(a)
reject, remove, delete or amend any material contained on MoneyBits or
in the Database at any time, including (without limitation) any
material contained in any Business Listing;
(b) reject, refuse, remove, delete or amend any Content at any time;
(c) position Content and/or any Business Listing as it sees fit; and
(d) stipulate other conditions to ensure that the commercial nature of Content is clear.
1.8
Catch reserves the right to modify, discontinue or disable MoneyBits or
any part of MoneyBits (on a permanent or temporary basis) at any time.
1.9
Catch may terminate this Agreement, remove Your Business Listing and/or
refuse You access to MoneyBits if You have breached, or we consider
that You will breach, this Agreement or for any other reason that
Catch, in its sole discretion, sees fit.
2. Business Listings
2.1
You may use MoneyBits to add, amend and/or update a Business Listing,
solely on the terms and conditions of this Agreement.
2.2 All Content must:
(a) be complete and accurate;
(b) be supplied in the manner and format specified on MoneyBits or as otherwise directed by Catch;
(c) not be of a nature likely to bring MoneyBits or Catch into disrepute; and
(d) comply with all laws, regulations, standards and relevant industry codes.
2.3 You must not:
(a) use MoneyBits to post Content for a business that is not located in Australia;
(b)
use MoneyBits to add or amend a Business Listing where You do not have
the express authorisation of that business to do so;
(c) upload,
post, transmit, publish or otherwise make available any Accessible
Content that You do not have a right to make available under any law,
regulation, rule or code or under contractual or other legal
relationships;
(d) upload, post, transmit, publish or otherwise
make available any false, misleading, inappropriate, profane,
defamatory, abusive, threatening, obscene, indecent or unlawful
Accessible Content;
(e) infringe the intellectual property rights of others; or
(f) breach a law including, without limitation, any law that restricts advertising of a profession.
2.4
If any of the information in the Business Listing for Your business
changes, becomes out of date, or no longer complies with this
Agreement, You must:
(a) immediately amend Your Business Listing so that it complies with this Agreement; and/or
(b) immediately notify Catch.
2.5
You acknowledge and agree that by posting Content onto MoneyBits You
consent to being contacted (on an ongoing basis) via any of the contact
details contained in that Content, including (without limitation) where
such contact involves receiving information about products or services
which we think may interest You from Catch or any Catch authorised
third party.
2.6 You must provide Catch with a copy of the authorisation described in clause 2.3(b) on request.
3. Intellectual Property Rights
3.1
MoneyBits and the Database are owned and operated by Catch. You
acknowledge and agree that all intellectual property rights comprised
in or relating to MoneyBits and the Database belong to Catch or our
licensors, and that nothing in this Agreement constitutes a transfer of
any intellectual property rights.
3.2
You may download and view content and/or print a copy of material on
MoneyBits for Your own use only, provided You do not:
(a) modify the content (including, without limitation, any copyright notice) in any way;
(b) make the content public; or
(c) use the content in a manner or for a purpose prohibited by this Agreement.
3.3
You must not do anything which breaches or otherwise interferes with
Catch's intellectual property rights. Except as expressly permitted by
this Agreement or by law, You may not reproduce any content appearing
on MoneyBits without our written permission and, if required, payment
of a specified fee. Requests to reproduce any content may be made via
the website feedback form.
3.4
We may publish and communicate to the public any Content. By posting
Content onto MoneyBits, You grant us a perpetual, royalty-free,
non-exclusive, irrevocable, worldwide and transferable licence to:
(a)
reproduce, modify, add to, use, copy, publish, communicate and adapt
the Content for any purpose and in any manner anywhere in the world,
including (without limitation) on MoneyBits and as part of the
Database; and
(b) permit any other person to do any of the things referred to in paragraph (a), (Licence).
3.5
You must waive, and must ensure that all other persons waive,
absolutely and irrevocably all moral rights in relation to any
Content. For the purposes of this clause 3.5, a moral right may be
waived by consenting to any act or omission which would otherwise
constitute an infringement of that moral right.
3.6 For the avoidance of doubt, You acknowledge and agree that:
(a) the Licence includes a right for us to:
(i)
make the Content available to other companies, organisations or
individuals with whom we have a relationship for the provision of
services and to use such Content in the provision of those services;
(ii) make the Content available to the public via any website or as part of any services or products in any jurisdiction;
(b) we will allow MoneyBits users to search Content You have posted; and
(c)
You will do everything necessary (including without limitation, on
request, execution of any documents) to give Catch the full benefit of
the licences, waivers and consents set out in this clause 3.
3.7 The Licence will survive any termination of this Agreement.
3.8
Your use of some Third Party Content (including, without limitation,
third party websites linked to MoneyBits) may be subject to a third
party's terms and conditions of use. Nothing in this Agreement (or
otherwise on MoneyBits) constitutes a licence or right for You to use
such content.
4. Privacy
4.1
Any personal information collected by Catch will be dealt with in
accordance with the Catch Online Privacy Policy, the terms of which are
available below.
4.2
You consent (and must procure that any relevant third party consents)
to the use of any personal information collected in relation to You
(including, without limitation, any personal information contained in
Content) in accordance with the Catch Online Privacy Policy. If You
include any personal information about any person in any Content, You
must:
(a) provide that
person with a copy of the Catch Online Privacy Policy prior to
providing us with that personal information; and
(b) where possible, have that person provide us with that personal information directly.
5. Warranties
5.1 You represent and warrant to Catch that:
(a)
You are fully authorised to publish and to authorise Catch to publish
all Content (including, without limitation, having full authorisation
from any business whose Business Listing You add, amend or update);
(b) You are at least 18 years of age and have the legal capacity to enter this Agreement;
(c)
publication of Accessible Content in accordance with this Agreement
will not, at any time, infringe any intellectual property right, moral
right or any right of confidence or other right of any person;
(d) You have the ability to grant the Licence;
(e) all Accessible Content will, at all times, comply with all applicable laws, regulations and relevant industry codes;
(f)
all products and services advertised in Accessible Content will match
the advertised description, and be available in the manner, at the
price and for the time period advertised;
(g) the Accessible
Content does not, and will not at any time, infringe any intellectual
property right, moral right or any right of confidence or other right
of any person;
(h) You have obtained the consent of all individuals whose personal information is included in the Content to:
(i) the collection of that personal information by Catch; and
(ii) the use and disclosure of that personal information in accordance with the Catch Online Privacy Policy;
(i) all Accessible Content will be current and accurate, and will not mislead or deceive end users of MoneyBits; and
(j) each website represented by any URL shown or embedded in the Business Listing for Your business:
(i) is controlled and operated by Your business or its independent contractor;
(ii) will be functional and accessible at all times; and
(iii) is suitable in all respects, including (without limitation) subject matter, to be linked to MoneyBits.
6. Liability
6.1
To the full extent permitted by law and subject to clause 6.4, Catch
excludes all representations, warranties, terms and conditions, whether
express or implied (and including, without limitation, those implied by
statute, custom, law or otherwise), except as expressly set out in this
Agreement.
6.2 MoneyBits is provided "as
is", and You acknowledge and agree that Catch has no control over Third
Party Content and that Your use of MoneyBits (including, without
limitation, all material obtained from or linked to MoneyBits) is at
Your sole risk. Nothing on MoneyBits constitutes the giving of
financial or other advice. You should obtain qualified professional
advice before acting on the basis of any information on MoneyBits.
6.3
To the full extent permitted by law, Catch excludes all liability to
You for any damages or loss (including without limitation, loss of
profits, indirect or consequential loss) however caused (including,
without limitation, damage or loss arising in contract, tort
(including, without limitation, negligence), statute or otherwise)
suffered by You in connection with:
(a) Your use of, or reliance on, MoneyBits (or any information contained on or linked to MoneyBits);
(b) any dealing You have with any business displayed on MoneyBits.
6.4
Certain legislation may imply warranties or conditions or impose
obligations which cannot be excluded, restricted or modified except to
a limited extent. This Agreement must be read subject to those
statutory provisions. If those statutory provisions apply,
notwithstanding any other provision in this Agreement, to the extent to
which Catch is entitled to do so, Catch limits its liability in respect
of any claim under those provisions to:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
6.5
You hereby indemnify and hold harmless Catch and its officers,
employees and agents from and against any liability, loss, damage,
costs and expense (including, without limitation, legal expenses on a
full indemnity basis) and penalties incurred or suffered by any of them
arising out of:
(a) Your breach of this Agreement, including (without limitation) a warranty in clause 5;
(b) any act of fraud or wilful misconduct by or on behalf of You; and
(c)
the publication or use of, or any act or omission in relation to, the
Accessible Content including, without limitation, claims brought by any
third party relating to defamation, negligent misstatement, injurious
falsehood, contempt of court, rights of publicity and/or privacy,
copyright infringement, trade mark infringement, other intellectual
property infringement, passing off, misleading or deceptive conduct and
any failure to comply with or fulfil any representations, warranties or
agreements.
7. General
7.1 We may provide You with notices by email, mail or by posting content on MoneyBits.
7.2
You should carefully read and agree to this Agreement each time You use
MoneyBits. Whilst Catch hopes not to have to alter this Agreement, it
is possible that changes will be required from time to time. By using
MoneyBits (including, without limitation, by posting any Content) You
agree that the then current version of this Agreement will apply to
that use.
7.3 Catch may assign this
Agreement provided that the relevant assignee undertakes to perform all
of Catch's obligations herein. Subject to the foregoing, neither party
may assign this Agreement in whole or in part.
7.4 The indemnities in this Agreement are:
(a)
continuing obligations of the parties, separate and independent from
their other obligations and survive termination of this Agreement; and
(b)
absolute and unconditional and unaffected by anything that might have
the effect or prejudicing, releasing, discharging or affecting in any
other way the liability of the party giving the indemnity.
7.5
This Agreement is governed by the laws of New South Wales, Australia,
and the parties submit to the non-exclusive jurisdiction of the courts
of New South Wales and waive, without limitation, any claim or
objection based on absence of jurisdiction or inconvenient forum.
Online Privacy Policy
Reed Business Information Pty Limited (ABN 80 132 719 861) ("Catch") (an Australian company)
This privacy policy applies to all personal information collected by Catch via the internet.
Catch
recognises the importance of your privacy, and that you have a right to
control how your personal information is collected and used. We know
that providing personal information is an act of trust and we take that
seriously. Unless you directly give us consent to do otherwise, Catch
will only collect and use your personal information as set out below.
Collection of information
The four main ways we collect personal information about you are:
- when information about you is posted on a Catch website, either by you or by a third party;
- when you log into a Catch website or otherwise submit personal information to Catch;
- when
you use a Catch website, in which case our system automatically
collects information relating to your visit to that website, such as
your IP address; and
- through the operation of CatchBot, Catch's web crawler (described in more detail below).
Our use of cookies
Cookies
are pieces of information that a website transfers to your computer's
hard disk for record keeping purposes. Most web browsers are set to
accept cookies. Catch uses cookies to make your use of our website and
services as convenient as possible. Cookies in and of themselves do
not personally identify users, although they do identify a user's
browser. Cookies are useful to estimate our number of users and
determine overall traffic patterns through our website.
If you
do not wish to receive any cookies you may set your browser to refuse
cookies. This may mean you will not be able to take full advantage of
Catch's services.
Using and disclosing your personal information
Our purpose in collecting information about you is to:
- provide you with a better service experience with content and advertising that is more relevant to your interests; and
- reate
a business information database for use as part of Catch's online
business. Whilst Catch's business information database is designed to
operate as a business directory (not a directory of individuals) it is
possible that personal information may become included in the business
information database.
Catch will not use or disclose any information about you without your consent, unless:
- the use or disclosure is for one of the purposes described above or otherwise permitted by this policy;
- it is required or permitted by law (including by relevant privacy laws);
- we believe it necessary to provide you with a service which you have requested;
- to protect the rights, property or personal safety of another Catch website user, any member of the public or Catch; or
- any of the assets and/or operations of Catch are being transferred to another party.
If
you do not provide requested information, Catch may not be able to
provide you with access to or full use of sections of the Catch website.
Disclosing information
Sometimes,
the activities described above require us to share your personal
information with other organisations. The types of situations in which
Catch usually discloses personal information, and the types of
organisations to which such disclosure is usually made, include the
following:
- The business information database is available
via the internet to any member of the public. It is also disclosed in
its entirety to Catch's related entities and to other entities with
whom Catch has a business relationship, as part of Catch's online
business.
- Catch discloses personal information to its service
providers, advisers and other entities with whom Catch has a business
relationship, in the course of operating the Catch websites and Catch
online business and in the course of delivering the Catch services.
Marketing
In
seeking to give you the most worthwhile experience of our websites
possible, Catch may use your personal information to send you
information and product updates about Catch websites and services or to
permit other parties to send other information about products or
services which may be of interest to you.
We may contact you at any email or other address or contact point which we have collected or obtained in order to:
- contact you about your business listing on a Catch website;
- provide you with updated information about Catch websites; or
- provide you with other information about other products or services which you may enjoy.
If
you are receiving promotional information from Catch and do not wish to
receive this information any longer, you may remove your name from our
list by contacting the Catch Privacy Officer at
legal@catch.com.au and asking to be removed from our mailing list. Please allow 28 days for this request to be processed.
Access to the information we hold
You can request access to the personal information we hold about you by making a request to the Catch Privacy Officer via
legal@catch.com.au. We will provide you with access unless we are legally authorised not to do so.
Changing and deleting the information we have about you
If
at any time you wish to change personal information that is inaccurate
or out of date, please contact us by emailing our Catch Privacy Officer
at
legal@catch.com.au.
If you wish to have your personal information deleted, please let us know in the same manner as referred to above.
We
will take all reasonable steps to change or delete information in
response to such a request. If there is a reason that we cannot make
that change or deletion, we will inform you of that reason.
Storage and security of your personal information
Catch
will endeavour to take all reasonable steps to keep secure any
information which we hold about you, and to keep this information
accurate and up to date. You should note that the internet is not a
secure method of transmitting information and, as such, we are not
responsible for the security of any information sent or received over
the internet.
Please note that Catch may use overseas facilities
to store, process or back up its information. As a result, we may
transfer your personal information to our overseas facilities.
However, this does not change our commitment to keep your information
secure.
Third party websites
Catch
websites contain links to websites that are not operated by Catch and
the contact details for many businesses not operated by Catch. These
linked sites and listed businesses are not under the control of Catch,
and we are not responsible for the conduct of those businesses. Before
disclosing your personal information on any other website or to any
other company, we advise you to examine the Terms and Conditions /
Privacy Policy of those organisations.
CatchBot
CatchBot
is the web crawler for Catch. CatchBot investigates websites for
publicly available information about companies. CatchBot is not
designed to access or index any personal or other information about
individuals. However, if any personal information is collected
inadvertently through the use of CatchBot, that personal information
will be held in accordance with this Privacy Policy.
More information about CatchBot is available at
www.catchbot.com.
Privacy inquiries
If you have any questions about this Privacy Policy or how Catch deals with your personal information you can contact:
Catch Privacy Officer
Email:
legal@catch.com.au
Or, Mail:
Catch
Locked Bag 2999
Chatswood Delivery Centre NSW 2067
Australia
Future changes
Our
commitment to being a leading provider of online business directory
services means that our business will continue to evolve as we
introduce new services and features. Because of this, from time to
time, our policies will be reviewed and may be revised. Catch reserves
the right to change its Privacy Policy at any time and notify you by
posting an updated version on each Catch website. The amended Privacy
Policy will apply between us whether or not we have given you specific
notice of any change.