Terms & Conditions

Acceptance of Terms

This site is owned and operated by Bnames Pty Ltd ABN: 43127355006.

By clicking on "I ACCEPT" to become a Registered Business Names Weekly Subscriber, you ("You") agree to be bound by the following Business Names Weekly Subscriber Agreement ("this Agreement") between You and the Principal ("We", "Us"). This agreement governs Your access to and use of this Website ("the Site"), and Your use of content and features of the Site.

We may update these Terms of Use by posting the new version on the Site at any time and without separate notice to You. You are responsible to review this Agreement periodically for any changes. Your continued use of this Site after We post any changes to these Terms of Use constitutes Your agreement to those changes.

If You do not agree to this Agreement, please do not proceed with registration.

Registration

• This agreement begins immediately upon Our acceptance and processing of Your registration and continues until terminated or renewed.
• While You are a registered member You may:
  • Access the Site at any time using Your user id and password; and
  • Use the information on the Site in accordance with this Agreement.

Your Warranties and Obligations

You must:

• comply with these Terms of Use and all applicable laws and regulations; and
• use the Site in good faith.

You must not:

• distribute, display, copy, resell, rent or lease the content obtained from the Site; or
• allow others to have access to the Site through your subscription; or
• use the Site in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or
• use the Site to engage in conduct (including on-line marketing practices) that is misleading or deceptive or likely to mislead or deceive.
• do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any rights of others;
• link to, deep link to, frame, spider, harvest or scrape the Site or otherwise access the Site for similar purposes; or
• damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Us or do anything that compromises the security and/or stability of the site

We have a  No Tolerance policy on the above conditions.

User name and password:

• You must not share your username and password.
• You are responsible for any use of the Site made by you or anyone else using your username If you believe there has been any disclosure, theft or unauthorised use of your username, you must notify Us immediately by e-mailing info@bnames.com.au.

Registration Obligations

• On registration, you must:
  • provide Us with accurate, complete registration information;
  • inform Us immediately of changes to that information at info@bnames.com.au

Payments

• You agree to pay any subscription fees at the rates in effect when the charges are incurred.
• You must provide Us with complete and accurate payment information.
• You warrant that you are entitled to use the credit or debit card payment details that you provide to Us at registration.
• If We do not receive payment when scheduled, We reserve the right to immediately terminate or suspend your access to the Site.

No Spam

• You acknowledge and agree that we take no responsibility for use of listings in Business Names Weekly by persons engaged in mass email, spamming activities, denial of service attacks or similar activities.
• You must comply with the requirements of the Spam Act 2003.
  • You must not use information obtained from the Site to send unsolicited commercial electronic messages.
  • You must not send commercial messages to an email address or telephone number obtained from the Site, unless you know and can prove that the person responsible for that address has consented to receive it.

Intellectual Property

• The material on the Site is protected under Australian and international copyright and other laws governing protection of intellectual property rights. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, create derivative works from, adapt, or edit such materials.
• All intellectual property in relation to the content of the Site belongs to Us or our licensors, advertisers or content providers.
• You agree and acknowledge that Your subscription does not give you any ownership rights in that intellectual property.
• We grant you a sub-licence to use the Site for the duration of and in strict accordance with this Agreement.
• You must not do anything that infringes the intellectual property rights connected with the Site.

Disclaimer

• You acknowledge and agree that:
  • You must independently verify information obtained from this Site;
  • You use the information at your own risk;
  • any agreements, transactions or other arrangements made between you and any third party named on the Site are at your sole risk and responsibility;
• To the full extent permitted by law We disclaim any and all warranties, express or implied:
  • that the information provided on the Site is complete, accurate or current.
  • that the Site, or Our server is free of viruses; or
  • that the functions contained on the Site will operate uninterrupted or are error-free or be compatible with all browser and operating systems; or
  • that errors and defects in the Site will be corrected; or
  • regarding the accuracy, suitability, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or of any linked sites.

Indemnity and Limitation of Liability

• We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages) which are the consequence of:
  • Your acting, or failing to act, on any information contained on or referred to on the Site and/or any of the linked sites; and
  • Your using or acquiring, or your inability to use or on any information contained on or referred to on the Site and/or any of the linked sites; and
  • Your using of the content on the Site outside its scope as stated in these Terms; and
  • errors in the information You provide to Us;
  • errors or omissions in the Site, or linked sites;
  • delays to, interruptions in access to the Site, or linked sites;
  • defamatory, offensive or illegal conduct of any user of the Site; or
  • your failure to take reasonable steps to avoid or minimise your loss; and
  • any circumstances affecting Our performance caused by factors beyond Our reasonable control; whether caused through negligence of Us, Our officers, employees, agents or independent contractors, or through any other cause.
• You agree to accept the full cost of any necessary repair, correction and maintenance of any of Your computer software or hardware, which may be necessary as a consequence of You accessing the Site.
• Where any act of Parliament implies in this agreement any condition or warranty, Our liability for any breach of such condition, or warranty shall be limited, at Our option, to either:
  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.
• On using this Site, You indemnify Us against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statue or in tort (including negligence) made against or suffered by any of those indemnified arising, in whole or in part, in relation to:
  • any activity that is expressed in these terms and conditions to be Your responsibility; or
  • a breach of these terms and conditions.
• If You provide Us with credit card details, and authorize us to debit the credit card, You further indemnify Us and acknowledge that We will not be liable for any loss or damage, direct, indirect or consequential (including legal fees and other costs incurred) arising out of or in any way connected to any successful claim by any third party against Us in respect of any matter arising from the operation, use, transfer of data or money to and from Us by You.
• YOU AGREE TO INDEMNIFY, AND HOLD HARMLESS US AND OUR DIRECTORS, EMPLOYEES, CONTRACTORS OR OTHER REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING LEGAL FEES THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENCES.
• We do not represent or warrant that this site or the Site Content complies with the laws of any country outside of Australia. If you access and use this site or the Site Content from outside Australia, you do so at your own risk.

Privacy

We collect, use and disclose personal information in accordance with our privacy policy.

Confidentiality

• Neither party may, without the prior written approval of the other party, disclose the other party's confidential information.
• Each party will take all reasonable steps to ensure that its employees, agents, or sub-contractors engaged for the purposes of this agreement, do not make public or disclose the other party's confidential information.
• A party will not be in breach of this clause in circumstances where:
  • it is legally compelled to disclose the other party's confidential information.
  • It discloses the terms of this agreement (other than confidential information of a technical nature) to its related companies, solicitors, auditors, insurers and accountants.
• In this clause 'Confidential information' means information that is by its nature confidential but does not include:
  • information already known to the receiving party at the time of disclosure by the other party; or
  • information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under this agreement.
• This clause will survive the termination of this agreement.

Termination

• You may terminate this agreement at any time after completion of contract on giving Us 14 days' written notice. Contract termination charges may apply.
• We may suspend or terminate Your subscription, or limit your access to the Site, with or without notice and without further obligation to you, if:
  • You breach these Terms; or
  • we reasonably believe that there is a real risk of loss or damage to us or another person if we do not suspend, terminate or limit your access to this site; or
  • the law requires us to do so; or
  • we believe on reasonable grounds that providing you with access to this site or to the Site Content is illegal or may become illegal; or
  • You do any act which might materially prejudice interests in intellectual property rights subsisting in subject matter delivered pursuant to this agreement; or
  • If We are no longer able to maintain the Site due to reasons outside Our reasonable control, including termination by Our content providers or licensors of their agreements with Us.
• On termination of this agreement for any cause:
  • We may at Our discretion immediately delete all data associated with Your account;
  • We will not be liable for any costs, losses or damages of any kind arising as a consequence of terminating Your access to the Site or deleting Your data; and
  • Any refund of subscription fees will be at our sole discretion. However, We will not refund subscription fees if You have breached this agreement.
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General

• You must not assign Your interests under this agreement without Our prior written consent.
• We may assign or subcontract some or all of Our rights and obligations under the agreement from time to time, without separate notification to You.
• We will not be deemed to have waived any of Our rights under this agreement unless such waiver is in writing, signed by Us.
• Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.
• This agreement shall be governed by and construed according to the laws in force in the State of Queensland, and the parties agree to submit to the jurisdiction of courts and tribunals of that State.