Legal

1. Introduction and Acceptance

Welcome to Ozdir.com.au ("we," "our," "us," or "the Platform"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Ozdir.com.au governing your access to and use of our business directory platform, website, and related services (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

These Terms apply to all users of the Platform, including but not limited to visitors, registered users, business owners, and advertisers.

2. Definitions

In these Terms, unless the context requires otherwise:

• "Account" means a user account created to access certain features of the Services.
• "Business Listing" means information about a business submitted to and published on the Platform.
• "Content" means any text, images, videos, data, or other materials submitted, posted, or displayed on the Platform.
• "User" or "You" means any person or entity accessing or using the Services.
• "User-Generated Content" means Content submitted by Users, including reviews, comments, and business information.
• "We," "Our," or "Us" means Ozdir.com.au and its related entities.

3. Eligibility and User Registration

3.1 Age Requirement

You must be at least 18 years of age to create an Account or submit Business Listings. By using our Services, you represent and warrant that you meet this age requirement.

3.2 Account Creation

To access certain features of the Platform, you may need to create an Account. When creating an Account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your Account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorised access to your Account
• Accept responsibility for all activities conducted through your Account

3.3 Account Security

You are solely responsible for maintaining the security of your Account credentials. We are not liable for any loss or damage arising from your failure to protect your Account information.

3.4 Business Verification

We reserve the right to verify the legitimacy of Business Listings and may request supporting documentation, including but not limited to ABN/ACN verification, proof of business ownership, or other relevant credentials.

4. Description of Services

4.1 Platform Purpose

Ozdir.com.au operates as an online business directory platform connecting Australian consumers with local businesses and service providers. Our Services include:

• Business listing publication and search functionality
• User account management
• Communication tools between users and businesses
• Business information and promotional content display
• Reviews and ratings (where applicable)

4.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4.3 No Endorsement

The inclusion of a Business Listing on our Platform does not constitute an endorsement, recommendation, or warranty regarding the business, its products, or services. We do not verify the accuracy of all information provided by businesses.

5. User Conduct and Prohibited Activities

5.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon the intellectual property rights of others
• Transmit any material that is defamatory, obscene, offensive, hateful, or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Engage in any conduct that restricts or inhibits anyone's use of the Services
• Use the Services for any fraudulent or unlawful purpose

5.2 Prohibited Activities

You must not:

• Attempt to gain unauthorised access to the Platform, other Accounts, or computer systems
• Transmit viruses, malware, or any other malicious code
• Use automated systems (bots, scrapers) to access the Services without our written permission
• Collect or harvest personal information of other users without consent
• Submit false, misleading, or deceptive Business Listings or information
• Post duplicate, spam, or irrelevant content
• Engage in any activity that interferes with or disrupts the Services
• Circumvent any technological measures designed to protect the Services

5.3 Spam and Unsolicited Communications

You must not use contact information obtained from the Platform to send unsolicited commercial communications or spam.

5.4 Competitive Use

You may not use the Services to create a competing business directory or similar service, or to monitor the availability, performance, or functionality of our Services for competitive purposes.

6. Business Listings and Content

6.1 Listing Submission

Business owners may submit Business Listings to our Platform. By submitting a Listing, you represent and warrant that:

• You have the authority to submit the listing on behalf of the business
• All information provided is accurate, current, and complete
• The business operates legally and holds all necessary licences and permits
• You own or have the right to use any images, logos, or other content submitted

6.2 Listing Accuracy

You are responsible for maintaining the accuracy of your Business Listing. You must promptly update your listing if any information changes, including business hours, contact details, services offered, or business closure.

6.3 Listing Review and Approval

We reserve the right to review, approve, reject, or remove any Business Listing at our sole discretion. We may reject listings that:

• Violate these Terms or applicable laws
• Contain false, misleading, or inappropriate content
• Duplicate existing listings
• Do not meet our quality standards
• Relate to illegal products or services

6.4 Listing Removal

You may request removal of your Business Listing at any time by contacting us at support@ozdir.com.au. We reserve the right to retain archived copies of listings for our records.

6.5 User Reviews and Ratings

Users may submit reviews and ratings of businesses listed on the Platform. Reviews must be honest, fair, and based on genuine experiences. We reserve the right to remove reviews that violate our content guidelines.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services and all content, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Ozdir.com.au and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, logos, and service marks displayed on the Platform are our registered and unregistered trademarks. You may not use these marks without our prior written permission.

7.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for personal, non-commercial purposes in accordance with these Terms. This licence does not include:

• Any commercial use of the Services or Content
• Downloading or copying Account information for the benefit of third parties
• Using data mining, robots, or similar data gathering tools
• Any use that competes with our business

7.3 User Intellectual Property

You retain ownership of any intellectual property rights in Content you submit to the Platform. However, by submitting Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with operating and promoting the Services.

7.4 Copyright Infringement

We respect intellectual property rights. If you believe that Content on our Platform infringes your copyright, please contact us at support@ozdir.com.au with:

• Identification of the copyrighted work
• Identification of the infringing material and its location
• Your contact information
• A statement of good faith belief that the use is unauthorised
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

8. Privacy and Data Protection

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

By using the Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

9. Payment and Fees

9.1 Free and Paid Services

We offer both free and paid listing services. The specific features available for each tier are described on our pricing page. Paid services require subscription or one-time payment as specified.

9.2 Payment Terms

If you purchase paid services:

• You agree to pay all fees as described at the time of purchase
• All fees are in Australian Dollars (AUD) unless otherwise stated
• Payment must be made through our designated payment methods
• Fees are non-refundable except as required by Australian Consumer Law

9.3 Automatic Renewal

Subscription services may automatically renew unless you cancel before the renewal date. You authorise us to charge your payment method for renewal fees.

9.4 Fee Changes

We reserve the right to change our fees at any time. We will provide reasonable notice of fee changes for existing subscriptions.

9.5 Taxes

You are responsible for any applicable taxes, including GST, unless we are required by law to collect such taxes.

10. Disclaimers and Warranties

10.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY AUSTRALIAN LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of Content
• Warranties of uninterrupted or error-free service
• Warranties regarding security or freedom from viruses

10.2 Third-Party Content

We do not warrant the accuracy, completeness, or reliability of Business Listings or User-Generated Content. Users rely on such Content at their own risk.

10.3 No Professional Advice

Information provided through the Services is for general informational purposes only and does not constitute professional advice. You should seek independent professional advice before making decisions based on information obtained through the Services.

10.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

11. Limitation of Liability

11.1 Exclusion of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use
• Loss of or damage to business reputation or goodwill
• Business interruption
• Personal injury or property damage

This applies whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

11.2 Limitation of Damages

Our total liability to you for all claims arising from or related to the Services shall not exceed the greater of:

• The amount you paid to us in the 12 months preceding the claim; or
• AUD $100

11.3 Basis of the Bargain

You acknowledge and agree that these limitations of liability are fundamental elements of the agreement between you and us, and that we would not provide the Services without these limitations.

11.4 Australian Consumer Law

Nothing in this section limits our liability for fraud, gross negligence, or any liability that cannot be excluded or limited under Australian law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Ozdir.com.au, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Content you submit or publish on the Platform
• Your Business Listings or business operations
• Any breach of your representations and warranties

We reserve the right to assume exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence of such claim.

13. Third-Party Links and Services

13.1 External Links

The Platform may contain links to third-party websites, including Business Listings with external website links. These links are provided for your convenience only and do not signify our endorsement of such websites or their content.

13.2 No Responsibility

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party websites or services.

13.3 Third-Party Terms

Your interactions with businesses listed on our Platform and any third-party services are solely between you and such third parties. You should review the applicable terms and policies of any third party before engaging with them.

14. Termination and Suspension

14.1 Termination by You

You may terminate your Account at any time by contacting us at support@ozdir.com.au or using the account deletion feature in your Account settings.

14.2 Termination by Us

We reserve the right to suspend or terminate your Account and access to the Services at any time, with or without cause, and with or without notice, including if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your Account has been inactive for an extended period
• We are required to do so by law
• We decide to discontinue the Services

14.3 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• We may delete your Account and all associated data
• Sections of these Terms that by their nature should survive termination shall survive
• You remain liable for all obligations incurred prior to termination

14.4 No Refunds

Termination does not entitle you to any refund of fees paid, except as required by Australian Consumer Law.

15. Dispute Resolution

15.1 Informal Resolution

If you have any dispute with us, you agree to first contact us at support@ozdir.com.au to attempt to resolve the dispute informally. We will work in good faith to resolve your concerns.

15.2 Mediation

If we cannot resolve a dispute informally within 30 days, either party may refer the matter to mediation before commencing legal proceedings.

15.3 Time Limitation

Any claim or cause of action arising from or related to your use of the Services must be filed within one year after the claim or cause of action arose, or it shall be permanently barred.

16. Governing Law and Jurisdiction

16.1 Australian Law

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and the Commonwealth of Australia, without regard to conflict of law principles.

16.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts that may hear appeals from those courts, for the resolution of any disputes arising from or related to these Terms or your use of the Services.

16.3 Compliance with Laws

You agree to comply with all applicable Australian laws and regulations, including but not limited to:

• Competition and Consumer Act 2010 (Cth)
• Privacy Act 1988 (Cth)
• Australian Consumer Law
• Spam Act 2003 (Cth)

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date at the top of these Terms
• Sending email notification to registered users (for significant changes)
• Displaying a prominent notice on the Platform

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us to be effective.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

18.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

18.6 Relationship

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. You have no authority to bind us or make commitments on our behalf.

18.7 Notices

We may provide notices to you via email to the address associated with your Account, by posting on the Platform, or through other reasonable means. You are responsible for keeping your contact information current.

19. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Services, please contact us:

20. Acknowledgement

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

You also acknowledge that these Terms constitute a binding legal agreement between you and Ozdir.com.au.