FindHer Terms of Use.

1. ACCEPTANCE OF TERMS

FindHer Online Business Directory provides and showcases a collection of business advertising offered by small businesses in Australia and online resources, including classified ads, forums, catalogues, articles, job postings and email and messaging services available on or through FindHer Online Business Directory (referred to hereafter as “the Service” or "service") subject to the following Terms of Use (“TOU”). By using the Service in any way, you agree to comply with the TOU. In addition, when using particular FindHer Online Business Directory services, you agree to abide by any applicable guidelines for all FindHer Online Business Directory services, which may change from time to time. Should you object to any term or condition of the TOU, guidelines, or subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue the Service.

1. MODIFICATIONS TO THIS AGREEMENT

At our sole discretion, we reserve the right to change, modify or otherwise alter these terms and conditions at any time, without notice. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

1. ELIGIBILITY FOR USE

FindHer Online Business Directory reserves the right to accept or reject or delete or unpublish or decline or alter any or all Content of the Service at any time, without notice at its sole discretion. Although FindHer Online Business Directory attempts to screen all Content for the suitability of the Service, nothing herein shall create any right of action against FindHer Online Business Directory for failing to adequately screen potential users or prevent the use of FindHer Online Business Directory or the Services by users.

1. CONTENT

You understand that all business listings, advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each item of Content that you publish, post, email or otherwise make available via the Service. Likewise, if you request the assistance of FindHer Online Business Directory to post content, or if you imply consent that FindHer Online Business Directory may post content on your behalf, either by written or oral means, or you fail to inform FindHer Online Business Directory that content should be removed, you are equally responsible for the content. You waive any and all claims against FindHer Online Business Directory of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on FindHer Online Business Directory. You understand that FindHer Online Business Directory does not control and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorise sublicenses of the foregoing. Furthermore, FindHer Online Business Directory and Content available through the Service may contain links to other websites, which are completely independent of FindHer Online Business Directory. FindHer Online Business Directory makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FindHer Online Business Directory be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that FindHer Online Business Directory does not pre-screen or approve all Content, but that FindHer Online Business Directory shall have the right (but not the obligation) in its sole discretion to refuse, delete, alter, edit or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

1. THIRD-PARTY CONTENT, SITES, AND SERVICES

FindHer Online Business Directory and Content available through the Service may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of FindHer Online Business Directory, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, payment gateways and the Internet as a whole. Your interactions with organisations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. FindHer Online Business Directory does not and will never verify all information provided by the seller of any item.

You agree that FindHer Online Business Directory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that FindHer Online Business Directory is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release FindHer Online Business Directory, its owners, family, officers, employees, strategic partners, stakeholders, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

1. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to FindHer Online Business Directory’s agent for notice of claims of copyright or other intellectual property infringement:

by email: hello@findherdirectory.com.au where you will inlcude in the subject line: Abuse Agent and a written copy to Abuse Agent, FindHer Online Business Directory by postal mail: PO Box 181, Burleigh Heads 4220. Please include the following with your Notice to our Abuse Agent: The identity of the material on FindHer Online Business Directory that you claim is infringing, in sufficient detail and with a direct URL link to the webpage so that we may locate it on the website; A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; Your full name, registered business name, Australian Business Number, postal and residential address, telephone number, email address, date, and a current valid copy of your trademarked and intellectual property certification issued by IP Australia that is officially stamped and signed and dated by an officer of the law or a justice of the peace; A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner; and

Your electronic or physical signature.

1. PRIVACY AND INFORMATION DISCLOSURE

FindHer Online Business Directory may, at its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by FindHer Online Business Directory’s Privacy Policy.

1. CONDUCT

You agree not to post, email, or otherwise make available Content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors or minority groups in any way;
• that is in any way pornographic or depicts a human being engaged in sexual activities or exposing sexual organs or part thereof unfitting for the Service;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, social class, or disability;
• that suggests a discriminatory preference based on race, colour, religion, familial status or handicap (or violates any state or federal law prohibiting discrimination on the basis of these characteristics);
• that impersonates any person or entity, including, but not limited to, a FindHer Online Business Directory owner, family or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
• that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” "Multi-Level Marketing", "Network Marketing" or unsolicited commercial advertisement;
• that constitutes or contains any form of advertising or solicitation if: posted in areas of FindHer Online Business Directory which are not designated for such purposes;
• or emailed to FindHer Online Business Directory users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or websites, except as specifically permitted;
• that advertises any illegal service or the sale of any items of which is prohibited or restricted by any applicable law;
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
• or that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted;
• “stalk” or otherwise harass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• use physical or automated means, including spiders, robots, crawlers, data mining tools, scrapers or the like to find or to download data from the Service – unless expressly permitted in an email delivered to your inbox by FindHer Online Business Directory;
• post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• post the same item or service in more than one category or placement or forum unless expressly permitted in an email delivered to your inbox by FindHer Online Business Directory;
• attempt to gain unauthorised access to FindHer Online Business Directory’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or FindHer Online Business Directory;
• or use any form of automated device or computer program that enables the submission of Content on FindHer Online Business Directory without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

1. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on FindHer Online Business Directory’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from FindHer Online Business Directory. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from FindHer Online Business Directory.

1. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to FindHer Online Business Directory email addresses or through FindHer Online Business Directory computer systems are expressly prohibited by these TOU. Any unauthorised use of FindHer Online Business Directory computer systems is a violation of the TOU. Such violations may subject the sender and his or her agents to civil and criminal penalties.

1. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

1. LIMITATIONS ON SERVICE

You acknowledge that FindHer Online Business Directory may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that FindHer Online Business Directory has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that FindHer Online Business Directory reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FindHer Online Business Directory shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

1. ACCESS TO THE SERVICE

FindHer Online Business Directory grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by FindHer Online Business Directory. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other services that specialise in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

FindHer Online Business Directory permits you to create a hyperlink to the home page of FindHer Online Business Directory or to your Content, so long as the link does not portray FindHer Online Business Directory, its employees, or its affiliates in a false, misleading, derogatory, harmful, negative or offensive matter.

FindHer Online Business Directory may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. FindHer Online Business Directory permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “FindHer Online Business Directory” as the source, (d) your use or display does not suggest that FindHer Online Business Directory promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden FindHer Online Business Directory’s systems. FindHer Online Business Directory reserves all rights to the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorised access granted to you by FindHer Online Business Directory immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from FindHer Online Business Directory that has been signed by one of FindHer Online Business Directory’s authorised representatives.

1. TERMINATION OF SERVICE

You agree that FindHer Online Business Directory, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if FindHer Online Business Directory believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that FindHer Online Business Directory shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.

1. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location, such as your computer, smart table or phone, for further reproduction or redistribution is prohibited without the express written consent of FindHer Online Business Directory. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of FindHer Online Business Directory, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. FindHer Online Business Directory, as well as certain other of the names, logos, and materials displayed on FindHer Online Business Directory, constitute the name FindHer, FindHer Online, FindHer Online Business Directory, FindHer Marketing, FindHer Marketing Strategy, FindHer by Karley Beadman, Karley Beadman and all trademarks, trade names, service marks, logos, colour schemes, taglines or any other brand elements (“Marks”) of FindHer Online Business Directory or other entities associated with the flagship FindHer. You are not authorised to use any such names or marks or elements unless authorised by findher online business directory . Ownership of all such names, marks and elements and the goodwill and brand equity associated therewith remains with FindHer Online Business Directory or those other entities, as nominated at any time by findher online business directory. Although FindHer Online Business Directory does not claim ownership of content that its use's post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to FindHer Online Business Directory an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorise sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant FindHer Online Business Directory all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any other party for any purpose.

1. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF FindHer Online Business Directory AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. FindHer Online Business Directory AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FindHer Online Business Directory DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF FindHer Online Business Directory AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FindHer Online Business Directory DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON FindHer Online Business Directory OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON FindHer Online Business Directory OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, FindHer Online Business Directory DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH FindHer Online Business Directory OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FindHer Online Business Directory, FindHer Online Business Directory OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

1. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FindHer Online Business Directory BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FindHer Online Business Directory HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF FindHer Online Business Directory OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF FindHer Online Business Directory OR THE SERVICE, FROM INABILITY TO USE FindHer Online Business Directory OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF FindHer Online Business Directory OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH FindHer Online Business Directory OR THE SERVICE OR ANY LINKS ON FindHer Online Business Directory OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH FindHer Online Business Directory OR THE SERVICE OR ANY LINKS ON FindHer Online Business Directory. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

1. INDEMNITY

You agree to indemnify and hold FindHer Online Business Directory, its officers including Karley Beadman and her family, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

1. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitute the entire agreement between you and FindHer Online Business Directory and govern your use of the Service, superseding any prior agreement between you and FindHer Online Business Directory. The failure of FindHer Online Business Directory to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within four (4) weeks after such claim or cause of action arose or be forever barred.

1. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to karley@findher.com.au .

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for FindHer Online Business Directory to pursue legal action to enforce the TOU, you will be liable to pay FindHer Online Business Directory the following amounts as liquidated damages, which you accept as reasonable estimates of FindHer Online Business Directory’s damages for the specified breaches of the TOU:

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay FindHer Online Business Directory one thousand nine hundred dollars ($1,900) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

If FindHer Online Business Directory establishes limits on the frequency with which you may access the Service or terminates your access to or use of the Service, you agree to pay FindHer Online Business Directory three hundred dollars ($300) for each message posted in excess of such limits or for each day on which you access FindHer Online Business Directory in excess of such limits, whichever is higher.

If you send unsolicited email advertisements to FindHer Online Business Directory email addresses or through FindHer Online Business Directory computer systems, you agree to pay FindHer Online Business Directory one thousand one hundred and fifteen dollars ($1115) for each such email.

If you post Content in violation of the TOU, other than as described above, you agree to pay FindHer Online Business Directory seven hundred and fifty-five dollars ($755) for each item of Content posted. In its sole discretion, FindHer Online Business Directory may elect to issue a warning before assessing damages.

If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay FindHer Online Business Directory one thousand two hundred and fifty dollars ($1250) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay FindHer Online Business Directory an additional two thousand two hundred and fifty dollars ($2250) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

If you aggregate, display, copy, duplicate, reproduce or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without FindHer Online Business Directory’s express written permission, you agree to pay FindHer Online Business Directory twenty-eight thousand dollars ($28,000) for each day or part thereof day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, FindHer Online Business Directory retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

1. FEEDBACK

We welcome your questions and comments. Please send them to hello@findherdirectory.com.au .

1. TERMS OF USE FOR ALL SERVICES

FindHer Online Business Directory offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.

As a condition to your use of the Programs and as material inducement on the part of FindHer Online Business Directory and its Affiliates to offer the Programs, you expressly acknowledge and agree that:

Use of the Programs are at your sole risk. FindHer Online Business Directory and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

• For Consumers:
• a) the Programs
• b) the Professional
• c) the Services to be performed by any Professional.
  • a) your use of the Programs
  • b) the engagement by you of any Professional
  • c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
  • d) any other matter relating to the Programs.

- In no event will FindHer Online Business Directory’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.

- FindHer Online Business Directory and its Affiliates do not provide, nor will they provide, any service to or for you, nor is FindHer Online Business Directory and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

For Professionals:

a) the Programs

b) the Consumers

c) the agreement between you and the Consumer.

FindHer Online Business Directory, its Officers, Directors, Members and Employees, as well as FindHer Online Business Directory Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

a) your use of the Programs

b) the engagement of you by any Consumer

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like

d) any other matter relating to the Programs.

- In no event will FindHer Online Business Directory’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.

- FindHer Online Business Directory and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services programs may be directed to: hello@findherdirectory.com.au 

FindHer Online Business Directory, its Officers, Directors, Members and Employees, as well as FindHer Online Business Directory Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

1. BRAND AGREEMENT

Legal Disclaimer: By logging in to your FindHer Online Business Directory account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” and FindHer Online Business Directory. (“FindHer Online Business Directory”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to FindHer Online Business Directory the use of the images (including logo, products, installation photos, etc.), product catalogue, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalogue, related data, the “Content”) for display on FindHer Online Business Directory and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website FindHer Online Business Directory at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but FindHer Online Business Directory retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for FindHer Online Business Directory to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my FindHer Online Business Directory account with any updates to the Content necessary to keep such Content accurate and representative of my products. FindHer Online Business Directory and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.

3) Fees:

(a) Membership: Price as stated on FindHer Online Business Directory at the time of purchase of the membership. Price is subject to change at any time and notice will be given before any price increases. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365-day billing cycle. Fees are strictly non-refundable. Payments are automatically deducted from the account on file each billing cycle unless the account is cancelled.

4) Length of Contract: This Agreement is valid up to and until the account is cancelled.

5) Billing: In the event that a payment is due on my Membership, but my credit or debit card on file is no longer valid or active, FindHer Online Business Directory may attempt to contact me to determine updated account information. FindHer Online Business Directory If I do not update my credit or debit card on file within 48 hours from the date the email from FindHer Online Business Directory my account will be automatically cancelled. I agree to pay a $9.95 service fee to reinstate my account.

6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. FindHer Online Business Directory may terminate this agreement at will. In the event FindHer Online Business Directory terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.

End Agreement.