Indirectory Terms of Service
Your relationship with Indirectory
1.1 Your use of the Indirectory website (the “Website”) and any Indirectory, Rogue Lifestyle Group or Icklem Pty Ltd products, channels, software, data feeds and services, including the Indirectory Application (the “App”) provided to you on or from or through the Website by Indirectory (collectively the “Service”) is subject to the terms of a legal agreement between you and Indirectory. “Indirectory” means Icklem Pty Ltd (ABN: 39 623 804 820), whose principal place of business is at 11 Kestrel Cl, Chelsea Heights VIC 3196.
1.3 The Terms form a legally binding agreement between you and Indirectory in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that Indirectory will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Indirectory, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
Indirectory reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted HERE or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. Indirectory accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a Indirectory account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Indirectory account password secure and confidential.
4.2 You must notify Indirectory immediately of any breach of security or unauthorised use of your Indirectory account that you become aware of.
4.3 You agree that you will be solely responsible (to Indirectory, and to others) for all activity that occurs under your Indirectory account.
5. General restrictions on use
5.1 Indirectory hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
- you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without Indirectory’s prior written authorisation, unless Indirectory makes available the means for such distribution through functionality offered by the Service;
- you agree not to use the Service, in whole or in part in connection with any public presentation
- you agree not to accumulate, compile, decompile, disseminate, extract, process, reverse engineer, or reproduce in any form any information on this site, the application or the service;
- you agree not to use or reproduce any Indirectory trademark, logo, or design on this site or elsewhere;
- you agree not to use this site in any manner which hinders or prevents access to or use of this service by Indirectory or other users;
- you agree not to use any device, process, routine, or software which either systematically or non-systematically interferes or attempts to interfere with the functioning of this site or the service or any transaction or process conducted on or through this site;
- you agree not to incorporate into or store any information from this site in any other website, database, publication, or other work in any form;
- you agree not to alter or modify any part of the Website or any of the Service (including but not limited to the Indirectory App and its related technologies);
- you agree not to access Content through any technology or means other than the pages of the Website itself, the Indirectory App, or such other means as Indirectory may explicitly designate for this purpose;
- you agree not to use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Service or any portion of the service without our express written consent, which may be withheld in our sole discretion;
- you agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search our Site, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Internet Explorer, Safari, Firefox, Chrome, or Opera);
- you agree not to Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of our Site or the Service; or Attempt to decipher, decompile, copy, reproduce, disassemble, or reverse engineer any of the content, software, video, or audio components composing in any way a part of our Site or the Service.
- you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that prevent or restrict use or copying of Content or enforce limitations on use of the Service or the content accessible via the Service;
- you agree not to use the Service (including the Indirectory App) for any of the following commercial uses unless you obtain Indirectory’s prior written approval:
- the sale of access to the Service
- the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
- the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from Indirectory appears on the same page and is of sufficient value to be the basis for such sales
- prohibited commercial uses shall not include:
- uploading an original video to Indirectory,
- maintaining an original profile on the Website or application in order to promote a business or artistic enterprise; and any use that is expressly authorised by Indirectory in writing;
- you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Indirectory servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
- you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Indirectory account names);
- you agree not to use the Service in an illegal manner or for an illegal purpose;
- you agree not to share your Indirectory account password with someone else to allow them to access any Service that such person did not order;
- copy, sell, rent, or sublicense the service to any third party;
- you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content; and you agree not to access Content for any reason other than your commercial use solely as intended through and permitted by the normal functionality of the Service
- You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Indirectory or the respective licensors of the Content.
5.2 You agree that you will comply with all of the other provisions of the Terms and the Indirectory Community Guidelines at all times during your use of the Service.
5.3 Indirectory grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Indirectory reserves the right to revoke these exceptions either generally or in specific cases.
5.4 Indirectory is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Indirectory provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that Indirectory may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Indirectory’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Indirectory when you stop using the Service.
5.6 You agree that you are solely responsible for (and that Indirectory has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Indirectory may suffer) of any such breach.
6. Copyright policy
6.1 Indirectory operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party. Details of that policy can be found here:
6.2 As part of Indirectory’s copyright policy, Indirectory will terminate user access to the Service if a user has been determined to be an infringer. A infringer is a user who has engaged in activities deemed to be infringing on the copyright of Indirectory or another user of the service.
7.1 As a Indirectory account holder you may submit Content. You understand that whether or not Content is published, Indirectory does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Indirectory and other users of the Service. These are described in paragraph 8 of these Terms (Rights you licence).
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Indirectory does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Indirectory expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Indirectory to use your Content for the purposes of the provision of the Service by Indirectory, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You agree that your conduct on the site will comply with (and you agree that the content of all of your Content shall comply with) the Indirectory Community Guidelines, found at Community Guidelines Document, as updated from time to time.
7.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Indirectory to use or possess in connection with the provision of the Service.
7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Indirectory the licence referred to in paragraph 8.1 below.
7.8 On becoming aware of any potential violation of these Terms, Indirectory reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for being in violation of these Terms at any time, without prior notice and at its sole discretion.
7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Indirectory with respect to any such Content.
7.10 Subject to determination by Indirectory, a user’s account may be terminated at any time, without prior notice and at is sole discretion, if it is deemed that the user has engaged in behaviour which violates the terms of service as outlined. In such a situation the user will not be entitled to a refund for any payment made for access to the service.
8. Rights you licence
8.1 When you upload or post Content to Indirectory, you grant:
to Indirectory, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Indirectory’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
9. Indirectory content on the Website
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Indirectory, and is subject to copyright, trademark rights, and other intellectual property rights of Indirectory or Indirectory’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Indirectory or, where applicable, Indirectory’s licensors. Indirectory and its licensors reserve all rights not expressly granted in and to their Content.
10. Links from Indirectory
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by Indirectory. Indirectory has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that Indirectory is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that Indirectory is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11. Ending your relationship with Indirectory
11.1 The Terms will continue to apply until terminated by either you or Indirectory as set out below.
11.2 If you want to terminate your legal agreement with Indirectory, you may do so by (a) notifying Indirectory at any time and (b) closing your Indirectory account. Your notice should be sent, in writing, to Indirectory’s address which is set out at the beginning of these Terms.
11.3 Indirectory may at any time terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
Indirectory is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.4 Indirectory may terminate its legal agreement with you if:
- Indirectory is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
- the provision of the Service to you by Indirectory is, in Indirectory’s opinion, no longer commercially viable
- and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Indirectory have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided “as is” and Indirectory makes no warranty or representation to you with respect to them.
12.3 In particular Indirectory does not represent or warrant to you that:
- your use of the Service will meet your requirements,
- your use of the Service will be uninterrupted, timely, secure or free from error,
- any information obtained by you as a result of your use of the Service will be accurate or reliable,
- and that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit Indirectory’s liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above Indirectory shall not be liable to you for:
- any indirect or consequential losses which may be incurred by you. This shall include;
- any loss of profit (whether incurred directly or indirectly);
- any loss of goodwill or business reputation;
- any loss of opportunity; or
- any loss of data suffered by you;
- any loss or damage which may be incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
- any changes which Indirectory may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
- the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
- your failure to provide Indirectory with accurate account information;
- your failure to keep your password or Indirectory account details secure and confidential.
13.3 The limitations on Indirectory’s liability to you in paragraph 13.2 above shall apply whether or not Indirectory has been advised of or should have been aware of the possibility of any such losses arising.
14. General legal terms
14.1 The Terms constitute the whole legal agreement between you and Indirectory and govern your use of the Service and completely replace any prior agreements between you and Indirectory in relation to the Service. All other terms of service that Icklem Pty Ltd, Rogue Lifestyle Group Pty Ltd and any of its subsidiaries may have in place from time to time are expressly excluded from the Terms.
14.2 You agree that Indirectory may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
14.3 You agree that if Indirectory does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Indirectory has the benefit of under any applicable law), this will not be taken to be a formal waiver of Indirectory’s rights and that those rights or remedies will still be available to Indirectory.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 You acknowledge and agree that each member of the group of companies of which Indirectory is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
14.6 The Terms, and your relationship with Indirectory under the Terms, shall be governed by law within the Commonwealth of Australia. You and Indirectory agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Australia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Indirectory shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
15. SafetyAlthough Indirectory strives to encourage a respectful user experience thanks to features such as our user managed ‘report this’ button, or only allowing users to communicate if they have both approved of (liked) one another, Indirectory is not responsible for the conduct of any user on or off of the platform. You agree to use caution in all of your interactions with other users, particularly if you decide to communicate off the platform or meet in person. You agree you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users without doing your own personal checks first, as you would if you met that person/business on other social media platforms. Indirectory does not do background checks on its users, and has not yet implemented a feature to verify accounts. The level of verification is similar to other popular social media platforms, so you are solely responsible for conducting YOUR OWN VERIFICATION CHECKS before exchanging any sensitive information. You are solely responsible for your interactions with other users. You understand that Indirectory does not conduct criminal background checks on its users or otherwise inquire into the background of its users. Indirectory makes no representation or warranties as to the conduct of its users on or off the Indirectory platform. Indirectory reserves the right to conduct, and you agree Indirectory may conduct any criminal checks on its users at any time using public records.
Last edited 2018-09-27