OzDial Terms of use Agreement
LVDV Pty Ltd. ("us" or "we") operates OzDial (including its subsidiaries and affiliates)
By using OzDial deliverables, you are agreeing to comply with the Terms below. Additionally, when using any OzDial service you agree to abide by our Privacy Policy and any other rules, guidelines and policies referred to in these terms (collectively, the "Terms").
Transactions between OzDial Users
OzDial is a digital marketing and advertising platform. We are not involved in the actual transactions between sellers and buyers. We are focused around customers with connections on a global scale, allowing for increased product or business visibility. We are simply a passive conduit for the distribution and publication of information about items advertised for sale. For that reason, we have no control over the accuracy or genuineness of any advertising listings on OzDial site. We cannot enforce sellers and buyers to actually complete a transaction.
Placing an advertisement with OzDial. When registering with OzDial we will ask you your personal information
You acknowledge and agree that:
(a) You own and have obtained all necessary rights to use and publish your content on OzDial will comply with our Rules for Advertisement details.
(b) For the reason that you are lawfully able to, you hereby hand over to us all copyright in your advertisement and any content you provide to us (“Your Content”)
(c) OzDial sites use your content on its sites and other Media platforms in different ways. We may display your content publicly and incorporate in other advertisements, reformat it, promote and distribute and otherwise exploit any or all portions of such information, material or content in any manner and media. You grant us a restriction free, worldwide, royalty free and non-exclusive license to use, replicate, amend, change and sub-license your advertisement and the content you provide to us in any media worldwide , now known or hereafter devised. You irrevocably waive all the moral rights in material and consent to OzDial can use your content in any other service, products, website, directory or marketing material provided or used by us, our related bodies corporate or by a third party to which we syndicate your advertisement or Your Content without your attribution as a source of the material. You agree that this agreement applies to the inclusion of your ads and Your Content in those other directories, products, services and marketing materials. Publication of Your Content is at the discretion of OzDial. At no occasion shall we be required to seek your approval to provide you with any compensation in connection to use of Your Consent.
1. Registered User Accounts
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service with OzDial, you represent that you are the age of majority in your State or older and are not a person barred from receiving services under the Australian Law, or any other applicable jurisdiction. Any comments, questions or responses submitted on OzDial sites under a minimum age will be a violation of Terms of use of OzDial. As a seller you must have legal rights to be able to sell an item you are advertising.
2. Non- Commercial use
All the content including text, photographs, Illustrations, Images, Graphics, videos, interfaces, codes, audio clips, Information, softwares, Designs, and links to external websites on OzDial sites is for personal and non-commercial use. They are not for commercial use; they are for informational purpose only.
3. Warranty Disclaimer
If you are using OzDial sites or any content, this will be at your sole risk. We at OzDial do not take any responsibility or liability for the completeness, accuracy, legality, legitimacy, operations or availability of any content on our sites. We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to OzDial. However, we fully disclaim to the extent permissible by Australian law for the security errors, omissions, inaccuracies, performance of the site, content displayed on OzDial by us or by a Third Party, your profits, loss or business interruptions, loss of information or programs, any software or content downloaded from our sites, Defects or viruses or other harmful components. In any instances, OzDial cannot be held responsible for any consequential or incidental damages.
4. Liability Disclaimer
In no event is OzDial or its Directors, employees, agents, affiliates, associates, officers or any Third party, liable to you for your consequential damages, Loss of profits or business opportunity as a result of use of OzDial site or inability to use it, the service or the content. In instances where OzDial has been advised of the possibility of such damages, we do not have any liability to you or other parties for any third party service or content uploaded onto or downloaded from OzDial Web Portal or sites. It is your responsibility to notify OzDial of errors or omissions in the Advertising Service within one week of OzDial having provided with the advertising service. The client acknowledges that due to the diversity in information source some errors can occur.
5. Intellectual property
OzDial web portal, sites, Trademark, Logos, Patent, Design rights, its content, including its editorial are protected by copyright and international treaty provisions, according to which, copying or imitating in whole or in part is unlawful. Our logos, images, trademarks, identified third parties and their products and services on OzDial sites are subject to copyright. Determining our site source code, disassembling, reverse engineering or decompiling OzDial sites without any implication, estoppels, license or a written permission is an infringement of Terms and conditions of OzDial.
6. Third party content and links
You acknowledge that content available through OzDial may contain features that may further link you to third party content, which may or may not be an affiliate of OzDial. The content of such third party sites is not within our control and we cannot and will not take responsibility for the information or content thereon. When you click on any advertisement, banner, sponsored link, or any external link on OzDial sites, it will automatically direct you to a new browser window, not hosted or controlled by us.
Links to such third party sites, any products promoted, offered or sold on third party sites are not to be taken as an endorsement by OzDial of the third party site, nor are such sites free from computer viruses or anything else that has destructive properties. We cannot and do not take any liability or responsibility for accuracy, content or for the collection or use of personal data from any third party site or advertisements.
OzDial sites may from time to time contain information relating to various medical and health issues or products. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own doctor or other medical professionals. OzDial Team advises you to use the information contained herein for diagnosing anybody's health or fitness problem or disease cautiously. We highly recommend you to consult your own doctor and medical advisors, as OzDial renounces to take any liability or responsibility for such information advertised on OzDial sites.
7. Indemnification
You agree to indemnify OzDial and its Directors, employees, agents, affiliates, associates, officers or any Third party from any claim or demand, including reasonable attorney’s fees, made for any infringement, intellectual property, damage or loss made as a result of the publication by OzDial of Your Content. These obligations will survive any termination of the Terms.
8. Prohibited use of sites
OzDial does not prescreen, monitor the content on regular basis, but it does reserves the right to terminate or suspend your account if we believe that you are violating the Terms of use at any point of time. The decision to terminate your access to the site can be indefinite without any prior notification to you.
As a user of OzDial you to abide with our Terms of use and you consent not to post, email, or otherwise make available content that is unlawful, harming, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way.
You cannot post anything that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
You will not violate federal or provincial equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, colour, religion, sex, national origin, age, or disability at any point of time.
You will not impersonate any person or entity.
You will restrain from posting any Pornographic or obscene, illegal materials or services for sale on the site.
You will not include links to commercial services or web sites, except as allowed on the site
You will not distribute software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not include personal or identifying information about another person without that person's explicit consent
You will not create misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the service.
You will not post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure
You will not use the site in violation of terms and conditions or applicable local, state and national or international law.
You cannot collect or record information about other users.
You cannot robot, spider site search/ retrieval application or use another automated device or use any other process or means to access retrieve or index any site content or information from OzDial sites.
You cannot reformat, reverse engineer or frame OzDial sites.
Unauthorised access to OzDial sites, or its user accounts, computer systems or networks, hacking, password mining, encrypting codes, transmitting viruses, worms and defects or any destructing nature by any process or means is unlawful.
Modifying, adapting, reproducing distributing, translating, creating derivate works, publicly exploit sell or trade sites services or content, unless authorized in written by OzDial is an infringement to our Terms of use.
You cannot take any such action that imposes or may impose in our sole discretion, an unreasonable or disproportionately large load on OzDial’s technological infrastructure
9. Privacy policy
Our privacy policy is a binding and integral part of these Terms of use.
10. Web scarping / Harvesting
Data mining, Web scraping, harvesting, collecting or reproducing of any content from OzDial sites is strictly prohibited. You cannot mirror any content from this website for commercial or non- commercial use.
11. Hyper linking to the sites
OzDial sites may link you to the Websites or WebPages, outside of OzDial bypassing the homepage or framing for commercial benefits. We reserve the right to remove any such link without any prior notification to you.
12. Copyright
For the reason that you are lawfully able to, you hereby hand over to us all copyright in your advertisement and any content you provide to us. Copyright in the content on OzDial.com and in OzDial.com.au (as a collection, compilation of work/ information) is owned by OzDial as a Company, our advertisers and content suppliers. It is an obligation on OzDial users to abide by any or all-copyright terms displayed on the sites. Content displayed on OzDial sites cannot be reproduced, modified, derived or redistributed without prior express written permission from OzDial.
13. Trademarks
Ozdial.com, OzDial.com.au remains the Trademark of OzDial. The service marks, Trademarks, affiliates, third parties used on OzDial sites, are subject to copyright and are protected by Law. The users of the sites are refrained from infringing any copyright marks on OzDial sites.
14. Changes and Updates
Periodically, we may need to review, change and update the Terms (including any policy incorporated in the Terms) to meet our business needs. We may also need to change the Terms and policies as implicated by law, for security reasons or for technical or infrastructure reasons. We can make the required changes any time, without any prior notice to OzDial users and post a notice, on the homepage indicating that the change has occurred.
15. Applicable law
This agreement shall be governed by laws of Queensland in Australia without reference of conflict of laws provision thereof. Each contract constitutes the entire agreement between you and us, and supersedes all other agreements between you and us in relation to the subject matter. In case of a legal action or proceeding between OzDial and you or any person claiming by or through you that the venue of the jurisdiction for any litigation or legal proceedings will be QLD, Australia. Any claim that you want to make in regards to our service shall be made with in on year of cause of action, or else it gets disqualified. On an occasion, OzDial has failed to enforce any strict terms of use conditions in this agreement, does not permit the User of OzDial to practice any unlawful right or allow them to modify this agreement. If any of these terms are invalid, unendorsed or illegal, OzDial keeps the right to erase it out and the remaining terms will remain in force.