Terms & Conditions of Use

Thank you for using Where to Live Guides. Before gaining access to our content, you must agree to our terms and conditions of use.

Introduction

These Terms & Conditions explain your rights and obligations with regards to using your credit card to pay for Where to Live products and services.

By purchasing/ordering Where to Live products and services, you agree to be bound by these Terms & Conditions and any future changes, modifications or additions to them.

Where to Live Guides Pty Ltd (the company) may make changes to these Terms & Conditions from time to time as the company considers appropriate. The company shall advise you of any amended Terms and Conditions, by forwarding an email to your last known email address, and such amendments shall be posted on the Where to Live website located at www.where2live.info.

Your continued use of Where to Live products and services after such notification shall be deemed to be acceptance of the amended terms and conditions.

Disclaimer

In compiling Where to Live Guides content, the company relies upon information supplied by a number of external sources. Where to Live Guides products and services are supplied on the basis that, while the company believes all the information in it will be correct at the time of publication, it does not warrant its accuracy or completeness and, to the full extent allowed by law excludes liability in contract, tort or otherwise, for any loss or damage sustained by you, or by any other person or body corporate arising from or in connection with the supply or use of the whole or any part of the information in our content through any cause whatsoever and limits any liability it may have to the amount paid to the company for the supply of such information.

Copyright

Other than where expressly stated, such as in the case of underlying data provided by a Government source, all copyright and intellectual property rights in Where to Live products and services are owned by and shall remain the property of Where to Live Guides Pty Ltd.

Refunds

The company shall not be obliged to make any refund or reimbursement for purchases made by the user. However, without limiting the company's rights, any refunds made by the company shall be made at their sole discretion.

Purchasing

Where to Live Guides content is purchased in advance of download, at a cost of $9.95 (including GST) per profile. This price is current at 15 April 2005 and is subject to change at any time.

As an introductory offer for the period of three months from 15 April 2005 to 15 July 2005, all Where to Live Guide content downloads purchased, will cost $6.95 (including GST) each. The company reserves the right to extend this offer indefinitely without notice.

Unlimited city-specific suburb profile downloads may be purchased in advance from www.where2live.info and each unlimited subscription, costs $64.95 per city (including GST) for three months of unlimited downloads.

Unlimited subscriptions can not be accessed by fax, mail, or telephone or other mechanism or process other than via the website. Sharing of passwords to access such unlimited downloads is strictly prohibited. The Where to Live Guides unlimited subscription service is a single access service, meaning that it can not be accessed at from more than one location at any one time.

To purchase Where to Live content downloads, you must deposit funds from your credit card using the online credit card service which can be accessed from the Internet site at www.where2live.info or other URL, as might replace such URL, or other website to which the company has also made the service accessible.

Where to Live content downloads can not be purchased by fax, mail, email, telephone or other mechanism or process other than via the website.

In using the online credit card service, you agree in addition to these Terms & Conditions, to be bound by any third party terms and conditions as may govern the use of your credit card or the use of the online credit card processing service to which the company and the website is linked.

Delivery of downloads

Each Where to Live Guide download purchased is made available through a dynamically generated URL and password which is unique to the user. The company's responsibility to deliver the downloads shall only extend to the company making available this URL and password and the content shall be deemed to have been delivered once this has been displayed. While the company will make every reasonable attempt to ensure the URL and password is delivered, the company shall have no responsibility for the receipt of the URL by the user.

Without limiting the previous paragraph, the company's liability in respect of any un-received downloads shall be limited to the cost price of the service purchased.

It is the user's responsibility to safely record the URL as, for security reasons, this is not stored or recorded by the company and can not be re-supplied. The user is also responsible for ensuring they can receive the service and that their Internet connection, computer and browser are working correctly.

The company does not warrant the compatibility of service with any web browser and does not accept any liability for any incompatibility between any of its services and the user's browser of choice.

The company does not accept any liability for any damage or disruption to service that the user's computer equipment, including phone lines and connections, may suffer as a consequence of downloading our content.

Availability

The user acknowledges that access to Where to Live Guides products and services depends on factors outside the company's control, including any disruption, failure or malfunction in any part of the internet. Access may also be limited or unavailable during periods of peak demand, systems interference, damage or maintenance, or for other reasons. The company accepts no liability if a product or service is not sent or not received for any reason.

No Liability

The company accepts no liability for any damages or losses including any person's inability to access the website or any delays in delivery or transmission arising from, or caused by:

• the Where to Live Guides website or website's contents
• websites related to the Where to Live Guides website or the contents of any website related to the Where to Live Guides website
• the use or reliance upon any Where to Live Guides product or service
• the contents of any Where to Live Guides product or service
• any other direct or indirect use or reliance upon Where to Live Guides products or services

The Company's Right to Refuse

Where to Live Guides Pty Ltd reserves the right to refuse the purchase of any of their products or services by any person, company or organisation:

• where the company believes the products or services are being purchased with the intention of contravening or in contravention of these Terms & Conditions of Use
• where the company believes the products or services are being purchased with the intention of or for on-distribution or republication in any way shape or form
• where the company believes the products or services are not being purchased for the sole and personal use of the purchaser
• for any reason whatsoever the company shall not be required to provide a reason for such refusal

Should the company exercise its rights of refusal, then they shall:

• notify the user by email to the nominated email address that such use or access has been terminated and that the subscription has been ended.
• be entitled to take the above action immediately.
• within 30 days of notifying the user by email of such closure, refund to the credit card from which deposit of funds were made, any such unspent funds as may have been deposited into the company's account.
• not be required to provide a reason for such refusal.

The user agrees to the terms and conditions set out in the above schedule. The company will advise of any amended terms and conditions which will be located on the Where to Live Guides website at www.where2live.info website.

Force Majeure

Neither party must be liable for any delay or failure to perform its obligations pursuant to this Agreement if such delay is due to Force Majeure.

If a delay or failure of a party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that party's obligations will be suspended.

If a delay or failure by a party to perform its obligations due to Force Majeure exceeds sixty (60) days, either party may immediately terminate the Agreement on providing notice in writing to the other party.

Termination

The company may terminate this Agreement if any of the following events occur:

• The user breaches a material term of this Agreement;
• If the company, in its reasonable opinion, believes the provision of such products or services is not financially viable for it to continue.

Termination will be effective:

• Immediately upon receipt of written notice from the company if the breach is not remediable;
• Within 30 days after the user has received written notice from the company of any remediable breach, which sets out the breach with reasonable particularity and required remedy, if the breach has not been remedied within a 30 day period.
• Effective upon 30 days' written notice.

Enabling Provision

Each of the parties shall execute all documents and perform all acts reasonably necessary on their respective parts to put into effect the provisions of this Agreement.

Applicable Law and Jurisdiction

This Agreement shall be governed by the laws of Queensland, Australia. The parties agree to submit to the jurisdiction of the Courts of Queensland in relation to any dispute arising under this Agreement.

Interpretation

In this Agreement, unless the context otherwise requires:

• Expressions indicating the singular number shall be capable of indicating the plural number and vice versa.
• Expressions indicating natural persons shall also be capable of indicating bodies corporate and vice versa.

Headings shall not form part of this Agreement and shall not be relevant to the construction hereof.

In the event that any of the provisions of this Agreement are unenforceable, then the other provisions of this Agreement shall remain of full force and effect.

In the event of any ambiguity in the construction of this Agreement, the ambiguity shall not be construed against any party on the basis of that party being responsible for the preparation of this Agreement or for the inclusion of any clause in this Agreement.

Definitions

In this Agreement, where the context permits, the following terms shall have the following meanings:

• 'Agreement' means this agreement.
• 'The company' means Where to Live Guides ABN 69 100 226 830
• 'Force Majeure' means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time obligation under this Agreement. Such circumstances may include but may not be limited to:
1. acts of God, lightning strikes, earthquakes, flood, storms, explosions, fires and any natural disaster;
2. acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damages, sabotage and revolution; or
3. strikes.

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