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About Australia Online Pty Ltd. Terms and Conditions of Use

1. Acceptance of terms and conditions: These terms and conditions are the terms on
which About Australia allows you access to the web site and the Member Administration
system (Admin). By clicking the ‘Agree’ button below you are accepting these terms and
conditions. If you do not accept these terms and conditions you should leave this page
immediately.

2. Changes to these of terms and conditions: These terms and conditions may be
amended in whole or in part by About Australia from time to time. Changes will be effective
immediately upon posting of the amended terms and conditions on this web site. You are
responsible for ensuring you are familiar with the latest terms and conditions. Your
continued browsing of the Admin pages of this web site represents your agreement to be
bound by the terms and conditions as amended.

3. Terminology: In these terms and conditions, the following expressions have the
meanings set out:
'Advertisement' means text and images promoting a product or service on the web site, this
can include display advertising, search results listings, product or a profile pages as well as
promotional content in About Australia’s marketing emails.;
'Advertiser' means the person, organisation or entity who has placed the advertisement
with About Australia;'
' About Australia ' means About Australia Online Pty Ltd;
'You', 'your', 'user' are all references to you;
'Service' or 'Services' means the facility to display your advertisement on the web site;
'User Logins' means the code or password issued by us to you which enables you to access
the Products and/or Services;
'we', 'us' and 'our' are a reference to About Australia Online Pty Ltd;
'web site' means any About Australia web site through which the Products and/or Services
are offered.

4. Your Obligations:
4.1 You must not attempt to damage, interfere or harm the web site, or any network, or
system underlying or connected to them, including by using a robot, spider, scraper or
other automated means to access the web site or information featured on it for any
purpose.

4.2 You must not and must not permit others to:
a. Copy the whole of the web site or any associated software;
b. Use the web site in any manner that infringes the intellectual property rights or other
rights of About Australia or any other party.

5. Becoming an Advertiser:
5.1 You may only apply to become an Member if you represent the Web site you are
advertising.

5.2 You undertake that you will provide complete, accurate and current personal
information when applying to become an advertiser.

5.3 We reserve the right to decline your application without entering into further discussions
with you.

5.4 To maintain your advertisement on the web site you must logon from time to time to
ensure that the information remains up to date and accurate using your User Logins at least
once every 365 days, or confirm your Membership by responding to the Membership Email
Confirmation that is sent to your Email address each year. If you do not do so your web site
may be automatically removed.

6. Your Obligations as an Advertiser:
6.1 All advertisements placed on the web site shall be made in good faith. When you place
an advertisement on the web site you will only do so for a business that exists, and which
you are legally entitled to promote. You undertake to ensure that the content of your
advertisement will be accurate, current, complete, and include all relevant information
about the product or service.
6.2 Each advertisement may only contain one single URL for a website that contains further
information on the business you are advertising.
6.3 We review all advertisements before publishing them and monitor amendments
periodically. We reserve the right to remove any listing that we deem unsuitable or to be in
breach of the terms and conditions.
6.4 The license to use the Products is non-exclusive and is subject to these terms and
conditions. It is personal to you and cannot be transferred, sold or traded to a third party.
6.5 You are responsible for keeping your User Logins information, including your email
address and password, secret and secure. Without limiting the foregoing, you agree:
a. not to permit any other person to use your username; and
b. not to disclose, or provide to any other person, your password, email address, or any
information that may allow them to gain access to the Products using your User Logins.
6.6 You must not attempt to damage, interfere or harm the web site, Products or Services,
or any network, or system underlying or connected to them, including by using a robot,
spider, scraper or other automated means to access the web site or information feature on
it for any purpose.
6.7 You must not and must not permit others to:
a. Copy the whole of the web site or any associated software
b. Alter the Products;
c. Use the Products, Services or web site for any purpose not expressly intended under
these terms and conditions; or
d. Use the Products, Services or web site in any manner that infringes the intellectual
property rights or other rights of About Australia or any other party.
6.8 As About Australia is not a party to any sale or transaction between you and a potential
purchaser, you agree not to involve, or attempt to involve, About Australia in any dispute or
in the resolution of disputes that arise between you and a potential purchaser.

7. Termination:
7.1 Without limiting the foregoing, About Australia may cancel your User Logins and remove
your advertisement if a serious complaint or multiple complaints are received about you
from any user of the web site and we, at our sole discretion, deem your behaviour to be
unacceptable.
7.2 Without limiting any other rights and remedies available to us, About Australia may limit
your activities on the web site, remove or modify your advertisement, issue a warning to
you, suspend or terminate your access to the services if you breach these terms and
conditions.
7.3 Disclosure of your User Logins to a third party by conscious act or through negligence is
a breach of these terms and conditions and may, at our sole discretion, lead to cancellation
of your User Logins and the removal of your advertisement.

8. Purchasing and using Referral Credits: You may (optionally) purchase Referral
Credits from About Australia to access additional features and marketing services to
promote your business.
8.1 We charge fees for the purchase of Referral Credits as an advertising vehicle.
8.2 The cost of a Referral Credit may vary according to the number purchased.
8.3 Purchasing of Referral Credits is not required to maintain an advertisement on About
Australia however once purchased, they are not refundable.
8.4 We may change the purchase price for Referral Credits at any time as well as their
value and the ways that you can use Referral Credits. We also reserve the right to stop
issuing Credits.
8.5 Referral Credits are not redeemable for any sum of money or monetary value from us
unless we agree otherwise in writing.
8.5 Before purchasing Referral Credits you should review About Australia's fees to ensure
you are aware of the costs that you will incur.
8.6 If you receive free or promotional Credits, we may expire them at any time.

9. Disclaimer:
You expressly understand and agree that:

a. Your use of the web site and any software associated with it is at your sole risk. The web
site and any associated software is provided on an "as is" and "as available" basis. To the
maximum extent permitted by law and without limiting clause 10.3, About Australia
disclaims and excludes all implied conditions or warranties, including, but not limited to, any
warranties of merchantability, fitness for a particular purpose, and non-infringement.

b. Responsibility for the content of Advertisements appearing on this web site (including
hyperlinks to Advertisers' own websites) rests solely with the Advertisers. The placement of
such advertisements on the web site does not constitute About Australia 's recommendation
or endorsement of the advertised property. The Advertiser is solely responsible and liable
for any representation made in connection with their Advertisement and any web site
referred to in that Advertisement.

c. We accept no responsibility for any published content.

9.2 About Australia does not warrant that:
a. access to the web site will be uninterrupted, timely, secure, or error free, or
b. that any information provided on the web site is error-free or reliable.

9.3 No advice or information that is obtained by you from About Australia or anyone else
shall create any warranty by About Australia that is not expressly stated in these terms and
conditions.

10. Liability:
10.1 You agree that, to the maximum extent permitted by law, any and all liability and
responsibility of About Australia to you or any other person under or in connection with
these terms and conditions, or in connection with this web site, or your use of or inability to
use this web site is excluded regardless of whether such liability arises in contract, tort
(including negligence), equity, breach of statutory duty or otherwise. About Australia 's
liability and responsibility is excluded in respect of any and all loss or damage, whether
direct or indirect, including, without limitation, loss of profits, loss of data, loss of business
or anticipated savings, general and special damages, and consequential and incidental loss.

10.2 Without limiting the foregoing, under no circumstances shall About Australia be held
liable for any delay or failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control, including, without limitation,
Internet failures, computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections,
civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of
God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-
performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

10.3. To the full extent permitted by law and other than as specifically set out in this
agreement, About Australia excludes all implied and express terms, conditions and
warranties, including warranties as to the fitness of the web site for a particular purpose.

11. Indemnity: You agree to release, indemnify and keep indemnified us from and against
all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages,
liabilities, or demands suffered or incurred by us to any person arising out of or in
connection with your failure to comply with these terms and conditions, your failure to
complete a transaction, or arising out of any content or item an Advertiser may make
available through the web site.

12. Alterations/Modifications to Products, Services or Web Site: We reserve the
right to alter or modify the web site from time to time, which may include the addition or
withdrawal of features.

13. System Integrity: We will use reasonable endeavours to ensure the availability of the
web site, subject to any downtime required for maintenance. However, and without
prejudice to clause 10.2, we take no responsibility for any system unavailability, or for any

loss that is incurred as a result of the web site being unavailable. Further, we assume no
responsibility for the corruption of any data or information held by us.

14. Force Majeure: Without prejudice to clause 10.2, About Australia has no liability for
any lack of performance, unavailability or failure of the web site, or for any failure of About
Australia to comply with these terms and conditions where the same arises from any cause
reasonably beyond the control of About Australia.

15. No Waiver: If we do not exercise or enforce any right available to us under these
terms and conditions, it does not constitute a waiver of those rights.

16. Partial Invalidity: If any provision of these terms and conditions becomes or is held to
be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall
be severed from the remaining terms and conditions, which shall continue in full force and
effect.

17. Governing Law: These terms and conditions are governed by the laws of Queensland
Australia. You submit to the non-exclusive jurisdiction of the Courts of Queensland.

18. Intellectual Property Rights: About Australia (or suppliers, as the case may be)
owns all proprietary and intellectual property rights in the web site (including text, graphics,
logos, icons and sound recordings) and the software and other material underlying and
forming part of the services and the web site. You may not without our prior written
permission, in any form or by any means:
a. Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create
derivative works from any part of this web site; or
b. Commercialise, copy, or on-sell any information, or items obtained from any part of this
web site.

19. Entire agreement: These terms and conditions supersede all previous conditions,
understandings, commitments, agreements and representations whatsoever whether oral or
written, and constitutes the entire agreement, between the parties, relating to the subject
matter of these terms and conditions.

20. Privacy:
20.1 About Australia collects personal information about you through your use of the web
site, including information relating to your use of the web site and the content you access.

20.2 You agree that About Australia may use the personal information we have collected as
detailed in clause 20.1 above to assist us to provide access to the web site and its content
to you, for internal research purposes, to verify your identity, for promoting and marketing
other About Australia products and services to you, and for any other use that you
authorise.

20.3 We will not sell or allow third parties to access your personal information without your
consent, however you agree that About Australia may disclose your personal information,
including your name and contact details, to the relevant authorities, parties and/or the

applicable intellectual property right holders (or their representatives) if we consider that
you are in breach of this agreement at any time.
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