Registration / Terms and Conditions

1. "us", "we", "our" or "thedebtlist.com" means thedebtlist.com Pty Ltd (ACN 140 699 207) registered office being Suite 2, 43 Greenhill Road, Wayville, South Australia 5034; and

2. "Website" means our website www.thedebtlist.com.

1. AGREEMENT

   1. By accessing and using our Website, you agree to be bound by these Terms of Use, our Privacy Policy, Terms of Trade and any other terms of use, notices and disclaimers displayed elsewhere on our Website relating to your use of our Website (Terms of Use); 

   2. You confirm that you hold the appropriate license as a mercantile agent before making any attempt to register as a member;

   3. On acceptance of membership you understand that you are responsible for the posting and removal of the names of debtors on the site;

   4. We may change the Terms of Use at any time provided that an amended version of the Terms of Use will be posted on our Website; 

   5. You are responsible for ensuring that you regularly review the Terms of Use and your continued use of our Website after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes; 

   6. If you object to any changes to the Terms of Use, or otherwise become dissatisfied with your membership of thedebtlist.com, your only remedy is to immediately:

      1. discontinue your use of our Website; and/or

      2. terminate your membership in accordance with the Terms of Use.

2. TERMINATION AND SUSPENSION

   1. You may terminate your membership of our Website for any reason by providing written notice to us.  You can provide notice of termination by:

      1. selecting 'terminate account' within your Account Settings and following the instructions;

      2. mailing it to our postal address listed on the Contact Us page on our Website (http://www.thedebtlist.com/contactus.php); or

      3. emailing us via the Contact Us page on our Website (http://www.thedebtlist.com/contactus.php) page at enquiries@thedebtlist.com.

   2. We reserve the right, without limitation, to do any or all of the following in relation to your membership:

      1. suspend your membership of our Website;

      2. permanently or temporarily hide all or part of your member profile on our Website;

      3. modify your member profile on our Website;

      4. terminate your membership of our Website for any reason by providing notice to you by email;

      5. terminate your membership of our Website immediately without notice to you if you have committed a breach of the Terms of Use; and/or

      6. permanently or temporarily block your access to all or part of our Website.

3. SERVICE AND FEATURES

   1. As a member, you have the ability to access chargeable features and services available on our Website (such as email, instant messaging, subscription services or any other chargeable service or feature that becomes available from time to time).

   2. Further details and any additional terms of use (including pricing) relating to chargeable features and services will be made available on our Website.  Any such additional terms of use form part of the Terms of Use.

   3. We do not accept cash payments for chargeable services or features. Please refer to the available payment methods elsewhere on our Website.

   4. We reserve the right to change the pricing for any chargeable service or feature on our Website at any time.  If you are unhappy with a change of pricing, you are entitled to discontinue your use of our Website or terminate your membership in accordance with the Terms of Use.

   5. Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on our Website will be stated GST inclusive.  Where GST applies, we will deduct the GST we incur from each payment and will issue you with a tax invoice. The balance of the payment will be credited to your account.

   6. In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity.

   7. While we use reasonable endeavours to ensure that our Website is available twenty four (24) hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free.  Access to our Website may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.

   8. We reserve the right to change or discontinue any service or feature of our Website in whole or in part any time.

   9. You are not permitted to transfer any services or features purchased on our Website by you to any other person.

   10. You will you be entitled to any refund of payments for chargeable services or features pre-paid by you.  We will review requests for refunds at our sole discretion.

4. SECURE ACCESS

   1. You are responsible for maintaining the confidentiality and security of your member name and password.  You are wholly responsible for all activities that occur under your member name and password.  You agree to immediately notify us of any unauthorised use of your member name or password.  You must ensure that you exit from your account at the end of each session. 

   2. We may at any time request a form of identification to verify your identity and/or your compliance with the Terms of Use.

5. CONTENT

   1. Any images, sounds, or text (Content) that you transmit or post on our Website, or otherwise transmit to any other member of our Website by any other means, must be complete and accurate. 

   2. You agree not to post or transmit on our Website, or otherwise transmit to any other member of our Website by any other means, Content that:

      1. is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

      2. is false or misleading in any way;

      3. infringes the rights of any third party;

      4. you do not have a right to make available under any law or contractual obligation;

      5. is sexually explicit or contains sexual references / innuendo;

      6. pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;

      7. contains restricted or password only access pages, or hidden content; or

      8. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware. 

   3. Without limiting the above, you must not transmit or post on our Website, or otherwise transmit to any other member of our Website by any other means, any images that contain:

      1. images of any person other than you;

      2. nudity;

      3. images of animals; or

      4. a cartoon or illustration.

   4. You are solely responsible for Content that you transmit or post on our Website, or otherwise transmit to any member of our Website by any other means.

   5. We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on our Website, or otherwise transmitted to any member of our Website by any other means, by any person. 

   6. We reserve the right, but have no obligation, to review Content transmitted or posted on our Website, or (where possible) otherwise transmitted to any member of our Website by any other means. 

   7. Without limiting your responsibilities under the Terms of Use, we reserve the right to modify and/or remove any Content that, in our opinion, violates the Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person. 

   8. We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on our Website, or otherwise transmitted to any other member of our Website by any other means, by any person.  Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.  We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on our Website, or otherwise transmitted to any other member of our Website by any other means. 

6. USE OF 'OUR WEBSITE' AND PROHIBITED ACTIVITIES

   1. You agree not to use our Website (or contact any other thedebtlist.com member) to:

      1. defame, abuse, harass, stalk, threaten or otherwise offend others;

      2. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;

      3. impersonate or create a profile for any person or entity;

      4. promote, or provide information about, illegal activities or conduct;

      5. promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;

      6. exploit any person under the age of 18, or to solicit information from anyone under 18; or

      7. solicit money, passwords or personal information from any person.

   2. You also agree not to

      1. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of our Website;

      2. "frame" or "mirror" any part of our Website without our prior written authorisation;

      3. use code or other devices containing any reference to our Website to direct other persons to any other web page;

      4. except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Website or cause any other person to do so; or 

      5. use our Website for advertising, selling, marketing or hiring products or services, collecting names and/or email addresses or sending unsolicited emails.  Unauthorised framing/linking to our Website is prohibited. 

   3. We have no obligation to monitor any member's use of our Website, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request. 

7. SAFE INTERACTION, COMPLAINTS AND DISPUTES

   1. Unfortunately, it is possible that other members of our Website may use it in violation of the Terms of Use.  For example, it is possible that another member may post or transmit on our Website Content that is obscene or offensive, or use our Website to harass you. 

   2. We urge you to be cautious when interacting with other members of our Website.  You should carefully select the Content that you post or transmit on our Website, or otherwise transmit to any other member by any other means.  You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile.  Any Content that you transmit or post on our Website, or otherwise transmit to any other member of our Website by any other means, will be considered non-confidential. 

   3. If you are experiencing problems with any other member of our Website and would like to make a complaint, please send us an email via the Contact Us (Contact us) page. 

   4. Note that you can also use our Website "blocking" feature if you wish to stop any other member from viewing your profile or contacting you. 

   5. We may record and store any information relating to any complaint made against you.

   6. We reserve the right, but have no obligation, to monitor disputes between members of our Website.

   7. You agree to hold us harmless in connection with any dispute or claim that you make against any other member of our Website.

8. NO ENDORSEMENT:

We make no express or implied endorsement of any third party, including any service or product of that third party, that may be referred to in our Website or any links to or from our Website. 

9. DISCLAIMER:

   1. The materials on our Website or on any other site on the Internet accessed via our Website or otherwise, may not necessarily be accurate or correct.  No person should act or fail to act on the basis of these materials. 

   2. To the maximum extent permitted by law, we disclaim any liability to any person arising out of any action or failure to act, in accessing, downloading, uploading, using or relying on or dealing in any way with any materials from our Website or from any other website on the Internet.  You accept all risks and responsibility for any losses (including direct loss, indirect loss, consequential loss and special loss), damages, costs and other consequences resulting directly or indirectly from using our Website or any other website on the Internet and in relation to any information or material available from those sites.  We reserve the right, in its absolute discretion, to delete, alter, or move any message or other posted material on our Website. 

   3. Where liability cannot be excluded by law then, to the extent permissible by law, any liability incurred in relation to any materials on our Website is limited to, at our sole discretion, the re-supply of the material or the reasonable cost of having the material re-supplied.  Under no circumstance will we be liable for any incidental, special or consequential damages, including damages for loss of business, capital or other profit arising from, or in relation to, the use of material on our Website. 

   4. The information on our Website is prepared only for Australian residents.  Any currency references are to Australian dollars unless otherwise specified.

10. INTELLECTUAL PROPERTY:

    1. You must not reproduce, distribute, transmit, publish, copy, transfer, or commercially exploit any information accessed through or received from our Website that would be an infringement of any copyright, patent, trademark, design or other intellectual property right. 

    2. Unless labeled to the contrary, we own copyright in all works located at our Website ("the Works"). 

    3. Except as permitted below, you must not copy, modify, transmit or distribute the Works.  You may reproduce in whole or in part the Works only if the reproduction is not for public or commercial purposes and, you do not remove or modify any notices of attribution or copyright, or if there are no such notices, you clearly attribute thedebtlist.com as the copyright owner of the relevant Work(s). 

11. NO WARRANTIES FOR WORKS:

    1. The Works may incorporate information obtained from third parties (including but not limited to product prices), the accuracy of which may not have been established by us.

    2. Except so far as liability under any state or federal law of Australia is incapable of being excluded, we give no warranty as to the accuracy or reliability of the Works, and accepts no responsibility, for any errors, or omissions in the Works however arising (including but not limited to errors or omissions arising as a result of the negligence of us or our employees, agents or representatives).  We, our employees, agents, representatives and associates may have investments in some of the third parties, which are the subject of the Material. 

12. HOTLINKS AND FRAMING:

We do not warrant the accuracy of any links provided at our Website, nor the suitability of any content located at those links.  Links and frames connecting our Website with other sites are for convenience only and do not mean that we endorse or approve those other sites, their content or the people who run or contribute to them.

13. VIRUSES:

We do not represent or warrant that any files obtained from or through our Website or any site are free from computer viruses or other defects.  Any such files are provided and may only be used on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.  Our liability for such an event is limited to the re-supply of those files.

14. PRIVACY & SECURITY

    1. Privacy Statement:

       1. We will make every reasonable effort to safeguard the privacy of all personal information provided to us.  This statement provides information of our privacy practices for our Website.  For full details of our Privacy Policy please select the Privacy Policy link.  You should periodically revisit our Privacy Policy as it may change from time to time as we continue to develop our Website. 

       2. We are not responsible for the privacy and security practices of other websites linked to our Website.  You should refer to the privacy statements contained in these websites.  We take no responsibility over information you transmit to us over the Internet.  Once we receive your information, we will make all reasonable efforts to keep it secure on our systems.

    2. What personal information is collected:

       1. The information collected by us about you will depend on your use of the different functions available on our Website.

       2. If you visit our Website to read browse or download information, our systems will record your server address, the date and time of your visit, the pages viewed and any download made.  If you are accessing the secure sections of our Website, we will collect personal information if you fill out an order form for a product disclosure document, brochure or other form.  The information will only be collected if you complete the application.

    3. How is the information used:

       1. The information collected may be used to determine the use patterns of our Website including the popularity of different pages; this may be used by us to improve our Website.  The information may also be used for planning, product development, marketing and research purposes.

       2. If you provide us information via our Website, such as to order our products, we will use the information to forward you such in accordance with your request.

    4. Disclosure of information:

We will not reveal or release your personal information collected on our Website to any third party except were you have given us authorisation to do so, for the purposes of back up in the event of a system failure or where we are required to do so by law.

5. How secure is the information:

   1. We have implemented suitable security processes and technologies to securely maintain information collected and to ensure that the information is not incorrectly used and that there in no unauthorised access.  Your account information is password protected.  Your log on time may automatically lapse after a certain time of inactivity.

   2. To protect your information, we recommend you do not divulge your password to anyone, create passwords that cannot be easily guessed and you should change it regularly.

6. How to access and change personal information:

For the secure sections of our Website, you can change your log in password or, a new password will be mailed to you.  Other personal information, including address and contact details, can only be changed upon receipt by us of written notification.

15. MONITORING OF INFORMATION

We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time. 

16. REMOVAL OF INFORMATION

    1. While we do not and cannot review every message or other material posted or sent by users of our Website, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate these Terms of Use set out above or any applicable content guidelines, or to be otherwise unacceptable. 

    2. You will remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to our Website or users of our Website. 

17. TERMINATION OF ACCESS TO SITE

We may, in our sole discretion, terminate or suspend your access to all or part of our Website at any time, with or without notice, for any reason, including, without limitation, breach of these Terms of Use.  Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of our Website or the Internet by others may be grounds for termination of your access to all or part of our Website at our sole discretion, and you may be referred to appropriate law enforcement agencies.

18. INDEMNITY

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of our Website, including without limitation any breach by you of these Terms of Use including but not limited to or any charges or complaints made by other parties against you.  You will cooperate as fully as reasonably required in the defence of any claim.  We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you will remain liable for any such claim. 

19. MODIFICATIONS

We may modify these Terms of Use from time to time.  Notification of changes in these Terms of Use will be posted on our Website or sent via electronic mail, as we may determine in our sole discretion.  If you do not agree to any modifications, you should terminate your use of our Website.  Your continued use of our Website now, or following the posting of notice of any changes in these Terms of Use, will constitute a binding acceptance by you of these Terms of Use, or any subsequent modifications. 

20. ASSIGNMENT

    1. You do not have the right to assign these Terms of Use or any of your rights to our Website to anyone.  We have the right to assign any or all of its rights and duties under these Terms of Use or to our Website to any third party.  At our election, if our obligations hereunder are assumed by a third party, we will be relieved of any and all liability under these Terms of Use.

21. GOVERNING LAW

    1. These Terms of Use of Use are governed by and:

       1. to be interpreted in accordance with, the laws of Victoria, Australia and, where applicable, the laws of the Commonwealth of Australia; and:

       2. the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) known as the Vienna Sales Convention 1980