Listing Agreement

1. TERMS AND CONDITIONS FOR LISTINGS
   1. 1.1.By visiting our website at www.disabilityservicesfinder.com and using the Listing Services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website. These form an “Agreement” between you, the business or supplier wishing to make a listing, and/or advertise on our website (“the Business”/ “you”/ “your”) and us, Juliette Arthur t/as Disability Services Finder [ABN 29921072831] (“we”/ “us”/ “our”). If you don’t agree to these terms and conditions, you cannot make a listing. 

1. THE LISTING SERVICES WE WILL PROVIDE
   1. 2.1.We will provide the Listing Services with due care, skill and diligence and in accordance with all relevant legislation, regulations and requirements of authorities at the time. We will seek the consent of Your Representative in relation to the Listing Services.

1. HOW IT WORKS
   1. 3.1.You must fill out a form and select the option for a free basic listing or pay for a more detailed listing. You must be a registered Australian business, be inclusive and cater for people with a disability in order to place a listing for Disability Friendly Services. Similarly, you must also be registered with the NDIS in order to place a listing under the NDIS registered service. 

1. YOUR OBLIGATIONS
   1. 4.1.You must provide all Information required by us in order for us to provide the Listing services. You represent and warrant that: 
      1. 4.1.1.all Information you have provided to us is true and correct and up to date;
      2. 4.1.2.the Information is not misleading or deceptive; 
      3. 4.1.3.the Information does not breach any third-party Intellectual Property Rights; 
      4. 4.1.4.you will respond promptly to any of our requests for further information and provide any approvals within a reasonable time; and
      5. 4.1.5.Your Representative has full authority to make all decisions related to the Listing Services. 
   2. 4.2.You must inform us of any updates to your Information; and respond promptly to any of our requests for further information. You must comply with all relevant legislation and regulations in relation to the sale of your products and services, including, but not limited to, compliance with the Australian Consumer Law.

1. SERVICE REQUESTS
   1. 5.1.A service request is a request that may be made by a user via the site to have their details sent to approved providers so that the user may be contacted by the providers who they have selected to provide the service or product.
   2. 5.2.Once selected as the approved provider, you must contact the user within 2 days for any service request bookings and discuss with the user the requirements and suitably of their request.
   3. 5.3.We can amend, discontinue the service requests and its process at any time.

1. FACILITATOR ONLY
   1. 6.1.We are not involved in the interaction between you and your customers and clients, but only facilitate the introduction. If you have a dispute with a customer or client, you must resolve it with the customer or client and you release us from all Claims arising out of or in any way connected with such disputes. We have no obligation to monitor the content on our Listing Service, and we are not liable for any unauthorised or unlawful content. You acknowledge and agree that you’re Listing, and any advertising may be listed next to your competitors; we cannot guarantee that you’re Listing or advertising will be independent of other competitors.

1. RIGHTS IN YOUR CONTENT
   1. 7.1.When you provide us with your Information and any other content, including but not limited to any photos for your Listing and/or advertising on our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to all Copyright in that content, including, but not limited to, the right to display, reproduce and make derivative works, and the right to broadcast on any third-party platforms. Further, you waive all Moral Rights you have in your content.

1. YOUR OBLIGATIONS AND CONTENT RULES
   1. 8.1.You must conduct yourself appropriately when using our Listing Service, including being respectful and courteous to all customers and clients, and when interacting on our website. 
   2. 8.2.If you provide or post any of the following content we may, at our sole discretion remove your Listing and/or adverts or terminate this Agreement. 
      1. 8.2.1.any inappropriate or offensive content including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive, or that impersonates, stalks or harasses another user;
      2. 8.2.2.any illegal content including, but not limited to, anything defamatory, and any post that breaches third party Intellectual Property Rights;
      3. 8.2.3.any immoral content including but not limited to, anything pornographic or obscene; 
      4. 8.2.4.any false or misleading content; or
      5. 8.2.5.any copying, modifying or distributing of any other business’s content without their consent.
   3. 8.3.If you consider that someone is breaching the content posting rules, please notify us at contact@disabilityservicesfinder.com promptly so that we can address the issue immediately. Where you breach these content rules, we may delete your Listing and/or advert and terminate this Agreement.

1. FEES
   1. Basic listings on our website are free of charge. We charge a monthly listing fee if you upgrade your package to a subscription. You will be billed either quarterly or yearly. All Fees include GST. Unless you cancel your subscription before the end of your current subscription term, your subscription will automatically renew for periods of the same duration. You acknowledge and agree that the payment method provided will be automatically charged the subscription fees, plus any applicable taxes, upon each such automatic renewal. You authorize us to charge your provided payment method for your subscription. You represent and warrant that you have the legal right to use the payment method provided. By providing a payment method, you represent, warrant, and promise that you are authorized to make payments from the account associated with that payment method. You authorize us, and any payment processing service provider we may engage, to charge your provided payment method for the total amount of your subscription fee (plus any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your subscription may be suspended or cancelled.

1. NO GUARANTEES
   1. 10.1.We do not guarantee the accuracy of the content on our Listing Services. We do not guarantee that you will receive an increase in customers, clients, bookings, social media exposure or revenue.  Social media posts are shared at our discretion.  Except as required by law, we do not warrant the quality of the Listing Services or warrant that it will meet your expectations. 

1. CANCELLATIONS AND REFUNDS
   1. 11.1.You can request that we remove your Listing and/or advert at any time, and we will honour your request and remove your Listing and/or advert as soon as reasonably possible. Please provide us with a minimum period of forty-eight (48) hours prior notice. You may cancel your subscription at any time via the account settings on our website. All cancellations will take effect at the end of your current subscription term. Unless expressly provided for under the Australian Consumer Law or other applicable law, all payments for our subscription services are non-refundable. No refunds will be issued for partial use or non-use of the subscription services by you.
      
2. MARKETING
   1. 12.1.You permit us to use any photos, testimonials and videos you post for our marketing and information purposes, or publications, exhibitions and professional awards. You must seek our prior written consent before any publication about us. 

1. TERMINATION 
   1. 13.1.We may refuse to provide Listing Services and/or advertising to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate this Agreement and remove your Listing and any advertising. We may also terminate this Agreement and remove your Listing where a written notice is given forty-eight (48) hours in advance. We can also stop offering our Listing Services at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Listing Services.

1. LIABILITY AND INDEMNITY
   1. 14.1.Your use of, or inability to use our Listing Service is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your Listing and/or advertising including, but not limited to, any errors or omissions in any content, any price changes or discontinued Listing Services, any removal of your Listing and/or advertising and any interruptions, any changes to our website.
   2. 14.2.To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: –
      1. 14.2.1.the supply of equivalent Listing Services E.g.: another opportunity to list your business, products or services; or
      2. 14.2.2.the refund of the Fees.
   3. 14.3.In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Fee.
   4. 14.4.You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your Information, your breach of this Agreement, where you provide incorrect information, any lack of results from your Listing, any disclosure of your information, any further meetings or communications with any client or customer, any breach of your Intellectual Property Rights and any direct or indirect consequences of you accessing or using the website.

1. IF THERE IS A DISPUTE 
   1. 15.1.If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

1. OTHER
   1. 16.1.This Agreement is to be construed in accordance with the laws of SA, Australia, and you and we submit to the jurisdiction of the courts of SA, Australia. This is the entire Agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our website, these Terms and Conditions prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS

“Agreement” means these Terms and Conditions and all other terms and conditions, and policies published or linked to on our website in future.

“Australian Consumer Law” means the Competition and Consumer Act 2001 Schedule 2. 

“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.

“Fees” means XXX, or as notified to you from time to time. 

“Copyright” means the copyright as defined under the Copyright Act 1968 (Cth). 

“GST” means goods and services tax as applicable pursuant to Australian laws.
“Information” means all your business information, and any product and services information for your listing, including but not limited to website details, logo, images, links, social media platforms and brochures/pamphlets.

“Intellectual Property Rights” means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

“Listing” means the entry listed on our website for your business. 

“Listing Services” means the listing service on our website that we agree to provide to you, and any additional services including any advertising. 

“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, loss of goodwill, loss of business reputation, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 

“Moral Rights” means all moral rights as defined under the Copyright Act 1968 (Cth). 

“Your Representatives” means the person you notify us has authority to make decisions in relation to the Listing Services.

“We, us, or our” means Juliette Arthur t/as Disability Services Finder [ABN 29921072831] and includes any of our employees, agents, partners and contractors.

“Website and Listing Services” means www.disabilityservicesfinder.com, and everything available on this website including, but not limited to, the Listing Services.