Refer.com.au is a service to assist in improving
the performance and return from internet businesses("the
service"). The service is owned by and operated by
Refer Australia ( B1523436B), a business of Applied
Information Management Solutions Pty Ltd
081 831 530, ABN 75 081 831 530)("Refer"). Your access to Refer is
subject to these terms and conditions, the Refer Privacy Statement,
notices, disclaimers and any other rules of use contained on this
and/or access to Refer constitutes your agreement to the Terms of
Use. If You do not agree to these terms and
conditions, please don't use our website. Since
following the links from within Refer.
Refer may amend, add to or replace these terms and conditions
from time to time. Any amendment, addition or replacement will take
effect from the date of posting. Please check back to our website
from time to time to familiarise yourself with any changes to these
terms and conditions.
Our website is available to you for personal use. All
information, text, images, graphics, software and advertisements contained in our website are
protected under copyright and trade mark laws and all rights are
Refer.com.au is a trademark of Applied Information
Management Solutions Pty Ltd (ACN 081 831 530, ABN 75 081
831 530) in Australia; registration pending. Product or
company names are trademark or registered trademarks of their
You must not make commercial use of any part of our website
without Refer's prior written consent.
| Links to
other sites, advertisements and promotions of advertisers|
website may contain hyperlinks to websites which are operated by
third parties. Refer is not responsible for the contents of any of
these linked websites or any hyperlink contained in the linked
website. The inclusion of a link to another website does not imply
our endorsement of the linked website nor of the content available
in the linked website. By including the link at our website we are
not making any representation in relation to the linked website or
Advertising space may be purchased on our website by third
parties. Refer does not seek to verify the information contained in
third party advertisements. All queries regarding third party
advertisements on our website and the goods and services offered in
third party advertisements should be directed to the relevant third
From time to time, Refer.com.au will communicate via email items
that may be of interest to you as a Member of the Service if and
only if you have agreed upon registration or subsequently to receive
such emails. Refer.com.au may also sell or make available to
Advertisers online advertising using the webpages of the Service.
You may enter into correspondence with or participate in
promotions of the Advertisers showing their products on the Service.
Any such correspondence or promotions, including the delivery of and
the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or
promotions, are solely between you and the Advertiser. Refer.com.au
assumes no liability, obligation or responsibility for any part of
any such correspondence or promotion. You agree to pay all sales,
use, value-added, personal property or other governmental tax
including GST or levy imposed on goods or services (if any) that you
purchase through the Service.
| What you must do and what you
authorise us to
You must notify Refer immediately of any change to
your email address.
You are responsible for and must pay the
cost of all telecommunications and Internet access charges incurred
when using Refer.
You are responsible for all equipment and software
necessary to access Refer as well as for the security and
integrity of your data. Your use of Refer is your
responsibility and entirely at your own risk. We do not check the
content of information available from Refer and we are not
liable for loss or damage that you or anyone else suffers as a
result of using this information including, but not limited to, any
damage to, or loss of, data caused by a virus or similar program.
You must not use Refer for any activities which breach any
laws, infringe a third party's rights, or breach any standards,
content requirements or codes promulgated by any relevant authority
including activities which will require us to take remedial action
under any applicable industry code. You must not use Refer in
a way which interferes with other users or defames, harasses,
menaces, restricts or inhibits any other user from using or enjoying
Refer. You must not use Refer to send unsolicited or
unwelcome electronic mail messages to anyone.
You are responsible for obtaining advice about whether your use
of Refer involves activities which breach any laws, infringe a
third party's rights, or breach any standards, content requirements
or codes promulgated by any relevant authority including the
Internet Industry Association Code of Conduct.
You indemnify us from and against all actions, claims, suits,
demands, liabilities, costs or expenses arising out of or in any way
connected to the use of Refer by you or any other person using
your membership identification and password.
We may vary any of
of the Service after such notice will constitute acceptance of the
variation. Notices under this agreement must be sent by prepaid
ordinary post, by facsimile or by electronic mail, unless we specify
an alternative means of giving notice in order to verify your
If, in Refer's reasonable opinion, you
breach any of these terms or conditions, we may suspend your access
to Refer. You are not entitled to a credit or refund for loss
of access during the suspension period.
Refer contains links
to electronic bulletin boards, chat rooms and other communication
facilities which provide for feedback by users to Refer, real-time
interaction between users and other electronic messaging and notice
services ("Communication Services").
It is a condition of your use of any Communication Service and
your access to the Refer that you:
Refer reserves the right to
withdraw any Communication Service at any time without notice.
- acknowledge that the Communication Service is not moderated,
and that Refer does not control the forum;
- acknowledge that Refer is not under any obligation to
monitor or censor the material generated by users of Communication
Service, however it reserves the right to do so;
- acknowledge that Refer is not responsible for the
Communication Service's content;
- acknowledge that the views expressed are not necessarily those
- agree not to make lewd, obscene, threatening, abusive or
defamatory remarks or incite hatred to any other person or group;
- agree not to post or transmit any material of any kind which
violates or infringes upon the rights of any other person,
including material which is an invasion of any privacy or
publicity rights or which is protected by copyright, trademark or
any other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or
relevant right holder;
- agree not to abuse, harass, threaten or embarrass any other
person or interfere with the operation of the Communication
Service or interferes with the enjoyment of the Communication
Service by other people;
- agree not to post or transmit any material of any kind which
contains a virus or other harmful component;
- must not delete any author acknowledgments, legal notices or
proprietary designations or labels in any file that is uploaded;
- must not download any file posted by any other user of a
Communication Service if you know, or reasonably ought to know,
that the file cannot legally be distributed in such manner;
- grant to Refer an irrevocable, world-wide, royalty free
licence to copy and adapt any material you generate through use of
the Communication Service to the extent necessary to provide the
Communication Service, or to promote the Communication Service or
any other service of Refer; and
- release Refer from all liability in connection with the
Communication Service, including for any failure to provide a
| Disclaimer and limitation of
Our website, and any
information or data on our website, is provided on an "as is" basis
and excludes any warranties which may be excluded by law.
Refer is not liable for actions, claims, damages, losses or other
liabilities incurred or sustained in any way as a result of relying
on information provided on our website, including loss of profits or
any special, incidental or consequential damages (however arising).
Your use of material contained on our website is at Your sole risk.
The information on our website has been provided in good faith to
assist users of our website. You must be aware that the information
contained in our website may not provide all the information you
require to make an informed decision.
To the maximum
extent permitted by law, Refer will not be liable in any way for
any loss or damage suffered by you through use of Refer or a
Communications Service, or Refer's failure to provide Refer,
including a Communications Service. Our liability for negligence,
breach of contract or contravention of any law as a result of our
failure to provide Refer, including a Communications Service
or any part of it, or for any problems with Refer, including a
Communications Service, which cannot be lawfully excluded, is
limited, at our option and to the maximum extent permitted by law,
to resupplying Refer or the Communications Service or any part
of them to you, or to paying for resupply of Refer or any part
of it to you.
Notices under this agreement must be
sent by prepaid ordinary post, by facsimile or by electronic mail.
These Terms and Conditions shall be governed by and
construed in accordance with the laws of the state of Victoria, Australia. You
and Refer.com.au agree to submit to the exclusive jurisdiction of
the courts of the state of Victoria, Australia.
If any provision(s) of these Terms and Conditions is held by a
court of competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions remaining in
full force and effect.
Refer.com.au's failure to exercise or enforce any rights or
provisions of these Terms and Conditions shall not constitute a
waiver of such right or provision unless acknowledged and agreed to
by Refer.com.au in writing.
You and Refer.com.au agree that any cause of action arising out
of or related to this Service must commence within one (1) year
after the cause of action arose; otherwise, such cause of action is
permanently barred and you and Refer.com.au forever waive any such
cause of action.
titles in these Terms & Conditions are solely used for
the convenience of the parties and have no legal or
TM Trademark of Refer. Applied Information Management Solutions Pty Ltd ACN 75 081 831 530, ABN
75 081 831 530