Effective Date: 1 February 2025
Welcome to Collector Directory (“the Website”, “we”, “us” or “our”), an Australian directory platform located at http://www.collectordirectory.com.au These Terms of Use govern your access to and use of the Website, including any services, features, or content offered. By using the Website, you agree to comply with and be bound by these Terms of Use. If you do not agree, please refrain from using the Website.
1. Definitions
1.1 “Vendor” refers to a person who creates a listing on the Website such as one for a business, shop, event, service, and/or group.
1.2 “Collector” refers to a person who browses, searches, reviews, and otherwise interacts with listings on the Website.
1.3 “User” collectively refers to both Vendors and Collector.
1.4 “The Website” refers to Collector Directory, located at http://www.collectordirectory.com.au, and includes all associated digital assets and services.
2. User Responsibilities
2.1 Vendor Responsibilities
- Ensure that all listing content is accurate, lawful, and not misleading.
- Maintain and update listings to ensure they remain current.
- Obtain all necessary rights, licenses, and permissions for the content provided.
- Avoid posting content that is offensive, defamatory, discriminatory, or otherwise harmful.
- Do not harvest data from the Website.
2.2 Collector Responsibilities
- Use the Website solely for personal, non-commercial purposes unless otherwise authorised by Collector Directory.
- Provide honest, constructive, and respectful reviews.
- Avoid engaging in fraudulent or abusive activity, such as posting fake reviews.
- Do not harvest data from the Website.
2.3 For All Users:
2.3.1 Users agree and acknowledge that Collector Directory does not make, and have not made, any representation as to likely income or revenue that will or could be generated by you, and we do not guarantee that you will generate any income or avoid suffering loss in using the Website.
2.3.2 You agree to indemnify Collector Directory from:
- any and all liabilities, claims, actions, damages, losses and expenses arising out of or contributed to by any act, omission, negligence, fault or violation of law by you, and any of your agents, employees, contractors, or related individuals or entities; and
- all loss, causes of action, obligations, suits, damages, liability expenses, and costs arising from or out of any violation or infringement by you, and any of your agents, employees, or contractors, or related individuals or entities, of any copyright, trademark, or patent rights or similar rights and privileges.
2.3.3 You agree to the full extent permitted by law, we exclude all liability in respect of any claim, action, obligation, sum of money, suit, cause of action, proceeding, account, right of contribution, cost or expense whether at law or in equity you make or bring against us in respect of any matter arising out of these Terms or related to arising out of the event, including but not limited to: injury; loss of property; loss in opportunity; damage to goodwill, business or reputation; any other loss or damage of any sort.
2.3.4 If the above clauses 2.3.1, 2.3.2 and 2.3.3 are wholly or partially void, unenforceable or ineffective, then in respect of any such liability referred to in clauses 2.3.1, 2.3.2 and 2.3.3, our liability to you shall be limited to a maximum payment of $120 to you.
2.3.5 Clauses 2.3.1, 2.3.2, 2.3.3 and 2.3.4 survive termination of this agreement.
3. Payment and Refund Policy
3.1 Payment for Listings
- Vendors are required to pay a fee to post a listing on the Website. Additional fees may apply for optional upgrades, such as featured listings.
- All fees are displayed clearly on the Website at the time of payment. By submitting payment, you agree to the applicable fees and terms.
- All fees are inclusive of GST.
3.2 Refund Policy
- Refunds may be provided at our sole discretion, in compliance with Australian Consumer Law. Requests for refunds must be submitted in writing to Collector Directory hello@collectordirectory.com.au within 7 days of the payment being made and details of the reason the refund is being requested.
- Refunds will not be issued for services already rendered, including listings that have been posted or featured.
3.3 Failed or Disputed Payments
- In the event of a failed payment, we reserve the right to suspend or remove your listing until payment is received.
- If a payment dispute arises, we encourage you to contact us to resolve the issue promptly.
4. Content Ownership and License
4.1 Users retain ownership of the content they submit (“User Content”). However, by submitting User Content, you grant us a non-exclusive, royalty-free, worldwide, and perpetual license to use, modify, reproduce, distribute, and display the content in connection with the operation of the Website.
4.2 By submitting any content to the Website, you warrant that:
- The content is accurate and not misleading.
- You own or have the necessary rights to submit the content.
- The content does not violate any applicable laws or regulations.
- The content is not defamatory, obscene, offensive, or otherwise objectionable.
4.3 We reserve the right to remove or modify any User Content that violates these Terms of Use, applicable laws or otherwise.
5. Reviews
5.1 Users may submit reviews on listings. Reviews must be truthful, based on genuine experiences, and comply with these Terms of Use.
5.2 We are not responsible for the accuracy or reliability of reviews posted by Users. However, we reserve the right to moderate or remove reviews that violate these Terms of Use.
5.3 By submitting a review, you grant us a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, and publish the content in connection with our operations.
6. Third-Party Businesses and Liability
6.1 The Website hosts listings and content provided by third parties that operate independently.
6.2 We make no representations or warranties regarding the quality, safety, legality, or suitability of the goods, services, or activities provided by third parties who make listings.
6.3 You acknowledge that any dealings, interactions, or transactions with third parties are solely between you and the third-party. We are not liable for any loss, damage, or disputes arising from such dealings.
6.4 While we strive to ensure accurate and reliable information in listings, we do not guarantee the completeness or accuracy of third-party Business content. Users are encouraged to independently verify information before engaging with any listing.
7. Privacy
Your use of the Website is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information.
8. Intellectual Property
8.1 All intellectual property rights related to the Website, including text, graphics, logos, and software, are owned by us.
8.2 Users are prohibited from copying, distributing, or creating derivative works based on the Website without our prior written consent.
9. Disclaimer of Warranties
9.1 The Website is provided “as is” and “as available,” without any warranties, express or implied.
9.2 We do not guarantee the accuracy, completeness, or reliability of any content on the Website.
10. Limitation of Liability
10.1 To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from your use of the Website.
10.2 Our total liability to any User shall not exceed the amount paid by the User (if any) for accessing the Website.
10.3 You agree to indemnify and hold us harmless from any claims, actions, damages, losses, or liabilities arising out of or in connection with your use of the Website, your content, or your breach of these Terms of Use.
11. Termination
11.1 We reserve the right to suspend or terminate your access to the Website at any time for any reason, including violations of these Terms of Use.
11.2 Upon termination, your right to use the Website ceases immediately.
12. Governing Law
These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
13. Changes to Terms
We may update these Terms of Use from time to time. Changes will be effective upon posting on the Website. Your continued use of the Website constitutes acceptance of the updated Terms.
Vendors will be notified of Changes to Terms in writing via email.
14. Changes to the Website
We reserve the right to modify, suspend, or discontinue any part of the Website at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website.
15. Contact Us
For questions or concerns regarding these Terms of Use, please contact us at:
Collector Directory
PO Box 628x
Leumeah NSW 2560
hello@collectordirectory.com.au
