Terms and Conditions
Just Click Here T/A MyBusiness Data (MyBusinessData)
ABN 81 169 212 364
MyBusinessData DAAS APPLCATION
END USER LICENCE AGREEMENT
In order to purchase data from MyBusinessData, you need to use the DaaS Application to purchase and download business data. Permission to do so is conditional upon you agreeing to and accepting the terms and conditions set out below by ticking "I accept", which will then constitute a legally binding agreement between you and MyBusinessData. You may need to scroll through to read all the terms and conditions.
In these terms and conditions, the following terms have the meanings given below:
MyBusinessData means Just Click Here T/A MyBusinessData ABN 81 169 212 364
DaaS means the Data as a Service Application which allows you to purchase and download business data
Losses means any and all losses, costs, damages, liabilities, outgoings, payments, judgments, penalties and expenses.
LEGALLY BINDING AGREEMENT
By accessing the Website or Services, You represent and warrant that You have read and understood, and agree to be bound by these terms and conditions. BY ACCEPTING THIS AGREEMENT, EITHER THROUGH CLICKING ‘GO’ OR CLICKING A BOX INDICATING ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT EXECUTE AN ORDER FORM OR OTHERWISE ACCEPT THIS AGREEMENT AND MAY NOT USE THE MyBusinessData SERVICES. IF YOU DO NOT AGREE TO THESE TOU, YOU ARE PROHIBITED FROM ACCESSING THE WEBSITE AND THE SERVICES AND MUST EXIT IMMEDIATELY. To the maximum extent permitted and enforceable under applicable law, MyBusinessData reserves the right to modify the terms and conditions of this Agreement at any time, effective upon the posting of an updated version of this Agreement. You are responsible for regularly reviewing this Agreement continued use of the Services after any such changes shall constitute Your consent to such changes. Updates will be indicated by the “Effective Date” in the Introduction section of this Agreement. If You do not agree to such modifications and updates, please exit the Website and Services immediately.
In consideration of MyBusinessData providing the Daas services to the You, You agree to pay all relevant fees charged at checkout.
DaaS Application License
Subject to Your compliance with the terms and conditions of this Agreement, and any other agreement between You and MyBusinessData, MyBusinessData grants You a non-exclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access the Website and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of MyBusinessData, MyBusinessData Connect, or any other party. In the event that You breach any provision of this Agreement, Your rights under this paragraph will immediately terminate. By accepting this license, You agree that all information contained in the Directory is the proprietary, confidential information of MyBusinessData, that You will safeguard and protect such information, and that You will use the information in accordance with this Agreement’s Code of Conduct. Your obligations set forth in this Agreement shall survive termination of this Agreement. To the extent You elect to submit contact or company information (including portions thereof) to MyBusinessData for inclusion in the Directory, You hereby grant MyBusinessData a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Website and Services any such submitted information (including any portions thereof submitted by You) and distribute such information through the Website and Services.
Restrictions on Inputting Information. You shall not enter illegal or improper information into the Website or in or through the Services, including, without limitation, the following:
Information that You do not have the necessary rights and/or licenses to enter.
Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
Information that infringes the copyrights or intellectual property rights of others;
Information that is personal or non-business related, including, but not limited to, home addresses, identity numbers, credit card numbers, mobile telephone numbers;
Information that is defamatory, libellous, fraudulent, knowingly incorrect, or invasive of privacy or publicity rights of others;
Information that advocates or encourages conduct that could constitute a criminal offense;
Information that is actionable or may subject MyBusinessData to legal action or liability of any kind;
Information that violates any applicable local, state, national or international law, regulation, or convention; or
Information that violates any provision of this Agreement or any other agreement or policy set forth by MyBusinessData
Use of Information Obtained via Website/Services. MyBusinessData has no actual control over Your use of information outside the Website. You shall not access the Website or Services for any purposes or in any manner that is illegal or improper, including, without limitation, the following:
For any purpose, activity or in any manner that is criminal, illegal or actionable;
In violation of any local, state, national or international laws, regulations or conventions;
To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
For unethical marketing activities;
To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;
To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
To prepare or compile information that is distributed in any manner or form to any third-party;
To enhance, verify, supplement, append, confirm, or modify any compilation of information that is thereinafter distributed in any manner or form to a third-party;
In connection with any individual credit, employment, or insurance decision;
To disclose or solicit the private, non-business, information of any person;
For sale, re-sale, sub-license, commercial use, or redistribution of any kind, without MyBusinessData’s express, prior consent.
Acts against the Website/Services. You shall not attempt to or engage in potentially harmful acts that are directed against the Website or Services including, without limitation, the following:
Using the Website or Services in contravention of any other agreement to which You are a party, including without limitation any employment agreement to which You may be a party;
Failing to maintain an acceptable Member rating;
Causing, allowing or assisting any other person to use your account or impersonate you;
Sharing Your password or login with any other person;
Logging onto a server or account that You are not authorized to access;
Forging screen names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting Your identity or affiliation with any person or entity;
Emulating or faking usage of the Website or Services;
Violating or attempting to violate any security features of the Website;
Using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the Website;
Falsely stating or otherwise misrepresenting Your affiliation with any person or entity;
Introducing viruses, worms, software, Trojan horses or other similar harmful code into the Website or Services;
Interfering or attempting to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website;
Causing, allowing or assisting machines, bots or automated services to access or use the Website or Services without the express written permission of MyBusinessData;
Tampering with the operation, functionality or the security of the Website or Services;
Attempting to override or circumvent any security or usage rules embedded into the Website or Services that permit digital materials to be protected;
Attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach any security or authentication measures;
Misusing, tricking, disrupting or otherwise interfering with the functioning of the Website or Services;
Harvesting or collecting email addresses or other contact information of other users from the Website by electronic or other means;
Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Website or Services;
Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
Uploading, posting, transmitting, sharing, storing or otherwise making available any content that MyBusinessData deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; and
Without MyBusinessData’s prior, express consent, advertising or selling any products, services or otherwise (whether or not for profit), or soliciting others or using the Website for commercial purposes of any kind.
Suspected Misuse and Penalties. MyBusinessData may monitor the Website and Services for misuse of the Code. MyBusinessData shall be the sole and final arbiter of suspected Code violations, misuse and penalty. For suspected violations, and without limiting any of its other remedies, MyBusinessData reserves the right to immediately and without notice:
Delete or modify content;
Assess penalty points to Your account;
Suspend Your account;
Terminate Your account;
Identify You to third parties;
Take legal action.
MyBusinessData intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. MyBusinessData reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this Code.
Limitation of liability
To the extent permitted by law, all implied terms, conditions, representations, warranties, guarantees and undertakings are expressly excluded and except as provided in this clause 1, MyBusinessData is not liable for any Losses arising out of or in connection with the DaaS Application, any breach of contract or law by MyBusinessData or any negligence of MyBusinessData, its directors, employees, subcontractors or agents and you release MyBusinessData from all claims for such Losses.
To the extent permitted by law, if MyBusinessData is liable for a breach of a guarantee implied by the Australian Consumer Law (not being a condition or warranty implied by Section 64 of the Australian Consumer Law) then its liability for a breach of any such guarantee shall be limited, at its option, to any one or more of the following:
in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired;
in the case of services:the supply of the services again, or the payment of the cost of having the services supplied again.
You acknowledge and agree that the DaaS Application is provided on an "as is" basis and that you do not rely and that it is unreasonable for you to rely on the skill or judgement of MyBusinessData as to whether the DaaS Application is reasonably fit for the purpose for which it is being acquired.
To the extent permitted by law, MyBusinessData will not be liable for any delay or failure to perform any obligation caused by any event beyond the control of MyBusinessData.
To the extent permitted by law, you shall indemnify and hold harmless MyBusinessData from and against:
any Losses incurred by MyBusinessData should you breach these terms and conditions; and
any claim made or initiated against MyBusinessData by any third party in respect of any Losses caused by or in any way attributable to the MyBusinessData Application or your use of it.
MyBusinessData collects your personal information directly from you which you input during your online application session with your use of the DaaS Application. The types of personal information MyBusinessData collects include your name and other personal details, postcode and other contact details, and other relevant information about you. If you elect not to provide some personal information to MyBusinessData, this may affect MyBusinessData's ability to provide services to you.
MyBusinessData collects personal information in connection with carrying out its activities. MyBusinessData uses your personal information in the following ways:
for the purposes for which the information is provided to or collected by MyBusinessData, including account set up, email reporting, data provision requirements, and associated activities and services;
for purposes to which you have consented, expressly or impliedly;
for purposes in connection with legal proceedings; and
for purposes otherwise permitted by law.
MyBusinessData may disclose your personal information to:
third party service providers and contractors who provide services to MyBusinessData; and
other persons or organisations the disclosure to whom is permitted by law or you have consented, expressly or impliedly.
MyBusinessData may also disclose your personal information where:
the information is subpoenaed, is required to be disclosed by law or a court or tribunal, or is disclosed in relation to legal proceedings; or
the information is required by a law enforcement agency or a competent authority.
MyBusinessData takes reasonable steps to ensure that your personal information is accurate, complete and up-to-date. To assist MyBusinessData, please contact MyBusinessData if any personal information you have provided is incorrect, incomplete, misleading or has changed.
MyBusinessData is committed to keeping your personal information secure. MyBusinessData takes reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure. However, as data transmission via electronic means (such as the internet) cannot be guaranteed to be totally secure, MyBusinessData does not accept responsibility for the security of information transmitted to or by MyBusinessData via electronic means.
You have the right to access your personal information held by MyBusinessData. MyBusinessData is committed to giving you access within a reasonable time frame. You can also make a request for MyBusinessData to correct any inaccurate, incomplete, misleading or out-of-date personal information. MyBusinessData will not refuse your request for access or correction unless there are legal reasons for doing so. In such circumstances, MyBusinessData will explain those reasons to you. MyBusinessData may charge a reasonable fee for access to your personal information. For security reasons, a written request to MyBusinessData may be required to access or correct your personal information.
These terms and conditions contain the entire agreement between you and MyBusinessData on the subject matter of these terms and conditions, and there are no other oral or written representations, stipulations, warranties, agreements or understandings relating to the subject matter of these terms and conditions.
You may not assign any rights or obligations under these terms and conditions.
Failure or neglect by MyBusinessData to enforce these terms and conditions will not be construed or deemed to be a waiver of MyBusinessData's rights hereunder.
If any provision of these terms and conditions is void, voidable, unenforceable or illegal in accordance with its terms in any jurisdiction, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, the provision will be read down accordingly for the purpose of that jurisdiction only. If such provision cannot be so read down, it may be severed for the purpose of that jurisdiction only without affecting the other provisions of these terms and conditions. Any reading down or severance of a provision of these terms and conditions for the purpose of a jurisdiction does not affect the validity or enforceability of that provision in any other jurisdiction.
The laws of the State of Victoria of Australia govern these terms and conditions. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia and all courts hearing appeals therefrom.