Empicentre Systems Pty Ltd ("us/we/our") operates the website called "Whoozemail" which provides a free e-mail search service (the "Service") for personal use.
These Terms and Conditions are applicable to all business listings provided on the website and to all users of the website search service ("user/you/your").
- Acceptance of terms
1.1. By listing your personal details and/or using the website you acknowledge that you accept these Terms and Conditions.
1.2. Your use of the website and use of the Service will indicate your acceptance of these Terms and Conditions as they exist at the time of use.
1.3. These Terms and Conditions supersede any earlier Terms and Conditions issued by us.
1.4. These Terms and Conditions are subject to change and may be updated from time to time without notice to you.
- Term & termination of contract
2.1. We reserve the right at any time and without notice to you, to suspend or terminate your use of the Service if in our opinion you act irresponsibly, recklessly or dishonestly in your use of the website including by breaching these Terms and Conditions.
- Use of the website
3.1. Empicentre Systems Pty Ltd is the owner of the trademark "Whoozemail" and is the operator of the website.
3.2. As a user of the website you agree to be bound by these Terms and Conditions and act in good faith in your use of the website.
3.3. The website is made available to all users of the website for personal use only. Personal use refers to use that is not for a commercial purpose. You must not misuse the information provided on the website. For example, by causing the sending of unsolicited commercial electronic messages using the personal details displayed on the website.
3.4. We take no responsibility for the accuracy of the information provided in the search function on the website or for your reliance on such information. By using the search function you acknowledge and agree that the search data may not be accurate or complete at the time of your use.
3.5. The purpose of the website is to provide the Service which entails the following:
- individuals uploading their information (including the address, location, e-mail address and phone number) and individuals updating their information published on the website as changes to their information occurs.
- this information being published on the website for users of the website to access this information for their personal use. The user can narrow their search by using the search fields on the website.
3.6. You agree not to use the website for any purpose which is in breach of these Terms and Conditions or which is unlawful including but not limited to the following:
- compromising the security or integrity of the website;
- inserting any viruses or other similar programs on the website or to any link of the website including links which automatically upload or otherwise;
- unlawfully storing, distributing or reproducing the information provided on the website
- unlawfully uploading personal information about other persons without the proper authority to do so;
- tampering with, hindering the operation of, or making unauthorised modifications to the website;
- posting or uploading content with hidden code or images which alters the intended meaning of original content on the website; or
- attempting any of the above, or permitting another person to do any of the above.
- Individual/s use
4.1. You agree that the details entered are your own.
4.2. You are responsible for uploading and maintaining all relevant personal information ("Personal Information") and contributing content in relation to your details for use on the website.
4.3. All data (including your name, address, location and e-mail address) are submitted and/or updated by you or your authorised person/s. Such Personal Information is required to provide the Service. It is your responsibility to provide accurate and complete information at all times. We take no responsibility and are not liable for the accuracy of the information provided by you.
4.4. We take no responsibility for any of the Personal Information or content uploaded on our website and to the extent permitted by law we are not liable for content that causes you loss or damage.
4.5. We reserve the right to remove any published Personal Information or content without any liability to us and we are not responsible for any loss or damage arising from the non-publication of Personal Information on our website.
4.6. By providing your Personal Information and contributing content in relation to your personal details you understand that you will be contacted by third parties and agree that this is the purpose and the nature of our website.
4.7. It is your responsibility to implement spam filtering software. We do not undertake monitoring for and filtering of spam.
- Third party content
5.1. We are not responsible for the content on the website. It is the responsibility of the business/company to update and ensure the relevance of its information.
5.2. The website may include links to third party websites which are not related to us. We cannot control nor take responsibility for the content of third party websites and we do not endorse any products or services of those third party websites. Any links or logos displayed on our website do not grant you any licence to use such links or logos.
- Liability and indemnity
6.1. You accept that your use of the website is at your own risk. We (including our directors, shareholders and principals) will not be liable for any loss, damage, cost, expense or liability arising from any claims due to your use, misuse or attempted use of the website or Service.
6.2. You agree to fully indemnify, and to keep indemnified us and our providers for any loss, damage, cost, expense or liability reasonably incurred or suffered by, or awarded against us and our providers and which arises from your use, misuse or attempted use of website and/or the Service.
6.3. You understand that the internet contains viruses, trojan programs and other computer programs that may destroy or corrupt data on your own system. You agree to protect your system against viruses on a regular basis. You agree that we have no control over such programs or viruses and that we are not liable for any damage to, or loss of data caused by a virus or other similar program. You are solely liable for all charges arising from use of your account as a result of viruses, trojan programs, or other computer programs.
6.4. You expressly agree that use of the website and/or the Service is at your sole risk and that the website and/or the Service is provided without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion.
6.5. You agree that we do not warrant that the website will be available continuously or free of faults.
- Intellectual Property
7.1. Subject to clause 7.2 below we retain all rights in our Intellectual Property.
7.2. Our Intellectual Property includes but is not limited to any business names, copyright, extended or revived copyright, design right, registered design right, patent, intellectual property right, trade mark, service mark, trade name, domain name, database right or any similar right exercisable in any part of the world including any application for registration of any patent, trade mark, business name, service mark, trade name, domain name, registered design or similar registrable rights in any part of the world. This includes any logos and master heads displayed on the website.
7.3. Content from this website may be viewed or printed for personal use only.
7.4. You must not copy anything published on our website without our express permission. Failure to obtain our permission will be a breach of our copyright.
- Governing Law and jurisdiction
9.1. These Terms and Conditions are governed by and are to be interpreted in accordance with the laws of the State of Queensland.
10.1. These Terms and Conditions will, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable:
- That provision must, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation;
- If the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of this document will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability.
- Entire agreement
11.1. These Terms and Conditions constitutes the entire understanding and agreement of the parties in relation to the subject matter hereof and supersedes all prior negotiations, understandings and agreements between the parties in relation to the subject matter. Each of the parties hereby declares that save for the provisions herein expressly contained there is no other understanding, agreement, warranty, undertaking or representation whether express or implied which in any way extends or defines limits or otherwise relates to the express provisions contained in this document.
12.1. This document does not create a relationship of employment, agency or partnership between the parties.
- No Merger
13.1. Notwithstanding completion or termination of these Terms and Conditions, all covenants, undertakings and representations given or made by any party under or by this document and all obligations of any party under these Terms and Conditions which are of a continuing nature or are not fully satisfied and discharged on completion or termination shall not merge on completion or termination and shall remain in full force and effect.
- Cumulative rights
14.1. The rights, powers, authorities, discretions and remedies of a party under this document do not exclude any other right, power, authority, discretion or remedy.
15.1. A party must give any notice or other document required by these Terms and Conditions in English and in writing.
15.2. The party may address the notice to the relevant party by using that party's contact details as stipulated below:
PO Box 593, Mudgeeraba QLD 4213
- Rules for interpretation
16.1. Headings are for convenience only and do not affect the interpretation of these Terms and Conditions.
16.2. In this document, unless the context otherwise requires:
- words importing the singular include the plural and vice versa:
- derivatives of a word defined in this document have a corresponding meaning;
- a reference to a right includes a remedy, power, authority, discretion or benefit;
- a reference to a party is a reference to a party to this document and a reference to the parties is a reference to all of the parties to this document.
- a reference to a party to this document or another agreement, deed or document includes the party's successors, permitted substitutes and assigns (and, if applicable, the party's legal personal representatives);
- a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
- a reference to "including" means "including but not limited to" and "include" and "includes" have corresponding meanings;
- a reference to any thing (including, but not limited to, any right) includes a part of that thing but nothing in this clause implies that performance of part of an obligation constitutes performance of that obligation;
- no provision of this document will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this document;
- a covenant or agreement on the part of two or more persons binds them jointly and severally;
- a reference to time is a reference to Eastern Australian Time;
- an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency.
Last updated 24 May 2011.