Terms & Conditions

Customers and Businesses

These Terms of Use (“Terms”) govern your use of the Site located at https://finditnearme.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and us, Near Me Webcorp.
Ensure that you read these Terms carefully, they are important. Before you use the Site contact us with any questions you may have using the 'Contact' page.
Relationship of agency between you and Near Me Webcorp is in no way formed by acceptance of the terms and conditions of this Site.
Please do not use the site if you do not agree to the Terms. You agree to be bound by the terms and agree and acknowledge that you have read and understand the Terms. For the provision of those services Near Me Webcorp attempts to match the needs and requirements of customers to businesses and vice versa. You agree and acknowledge that Near Me Webcorp only provides this service to facilitate the introduction of customers and businesses. Near Me Webcorp is not directly involved in any transactions between businesses and customers. Near Me Webcorp does not provide any guarantees as to the authenticity and financial viability of the customers and in no way guarantees the services of the businesses.
Please review articles or other material posted on Near Me Webcorp’s web site or e-newsletters carefully. The information, the content and any other service offered through the website or our e-newsletters is not intended to be a substitute for professional advice. Please click on the unsubscribe link located in each email received if you no longer wish to receive our emails, and/or you may contact us at 1300 032 861, or message us via the 'Contact' page on this website. Occasionally website users will send emails and messages via the website, or the website will generate automated emails to registered users.
Near Me Webcorp reserves the right to change the Site or content contained within the Site, and theseTerms:

with or without further notice to you; and
without giving any justification or reason or for any change.

The Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia will arbitrate in any dispute or difference arising in connection with these Terms and Conditions.

Customers requesting a service

By continuing to access the Site you are agreeing to the terms and conditions set out below. The Site is available for you to access conditionally on your acceptance without alteration of the Terms set out below.

Use of material on the Site. The below are specifically prohibited by these Terms of Use, and are unlawful in any jurisdiction.

You may not use any material contained on this site or within it for any purpose, except for the limited use set out in paragraph 1(c), including;

The reproduction in any material form of the material
The material on the Site with other material on any other WWW site.
The distribution or re-transmission of the material by any medium of communication of the material in any material form;
reposting and /or uploading material to any other site on the WWW;

The below are specifically prohibited by these Terms of Use, and are unlawful in any jurisdiction.
Apart from the above limitations on use of the material on the Site you may download material from the Site for non-commercial personal use only. You may not remove any copyright and trademark notices contained on the material.
Near Me Webcorp reserves all intellectual property rights, not limited to, but including, copyright in services and/or material provided by it. The material provided on the Site is intended for personal use only and may not be:

Re-transmitted in any media;
Stored in any storage media; and/or
Re-distributed and/or re-sold in any material form

Do not modify or copy:

Any code or computer software contained in the Site.
The design or lay out of the Site;

Without the prior written consent of Near Me Webcorp.

Fees

Requesting a quote by a Business on the Site is free. However, once a quote is accepted you enter into a contract with the Business for that job. Near Me Webcorp accepts no liability for costs or invoices of any Businesses who have successfully bid for your job. You will be solely liable to that Business for any work performed.
Customers should make their own reasonable enquiries and searches at the time of listing to ascertain the credibility and suitability of that Business to perform the job prior to accepting a quote.

Links and introductions to Businesses

The third parties that Near Me Webcorp provides links and introductions to are Businesses which are not under the control of Near Me Webcorp.
In relation to these Businesses:

The actions and services provided by those Businesses is not the responsibility of Near Me Webcorp; and
As a convenience to you Near Me Webcorp provides the links or introduction to the Businesses. Near Me Webcorp does not imply any endorsement of that Business by the existence of a link or introduction to the Businesses
Near Me Webcorp neither recommends or prescribes to you the method of choice of the successful Business. The selection of the quote is your sole responsibility as is the business transaction. This includes payment to the Business for any work undertaken at your request.

Disclaimer relating to the linked Businesses

Certain details and credentials of a Business (provided by the Business) are inspected by our staff, under Near Me Webcorp’s system. Near Me Webcorp does not does not provide any warranties or assurances concerning the legality or validity of the documents other than that they have received, or conduct any of its own searches.
Near Me Webcorp gives no warranty, guarantee or representation about the accuracy, timeliness, reliability or otherwise, of the information contained on the Site and/or introduced by linked Businesses. Near Me Webcorp does not and will not provide professional advice. Near Me Webcorp operates the Site making it available for you to publish information without assuming a duty of care to users.
Near Me Webcorp disclaims any and all warranties to the full extent permitted by law, express or implied, regarding:

Any service or product contained or referred to on the Site, and the merchantability or fitness for any particular purpose of any of the linked Businesses; and
The accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or regarding any linked Business

Under any circumstances Near Me Webcorp will not be liable for any damages or loss of profits of any kind recognised by law (even when advised of the possibility of such loss of profits or damages) which are the consequence of you:

Failing to act or acting on any information contained on or referred to on the Site and/or any of the linked Businesses ; and
Your inability to use or acquire, or using or acquiring, any product or service referred to or contained on the Site and/or any linked Businesses.

Disclaimer relating to Near Me Webcorp

Near Me Webcorp is not liable to you for:

Whether caused through negligence of Near Me Webcorp, it’s independent contractors, its employees, or through any other cause; defamatory, offensive or illegal conduct of any user of the Site;
Omissions or errors in the Site, or linked Businesses on the WWW; and
Cessation of the services provided in the Site, or linked Businesses.
Delays or interruptions

Near Me Webcorp does not make any representation, warrant, or guarantee that:

The server that makes the site available on the WWW or the Site itself are free of software viruses;
Any defects and errors in the Site will be corrected.
Any software contained on the Site will operate uninterrupted; and the functions contained on the site are error-free

If, as a consequence of you accessing the Site, repair, correction and maintenance of any of your computer software or hardware is required, you agree to accept the full cost.

Limitation of liability

In jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law the Disclaimers at clauses 4 and 5 above may not apply to you. To the full extent permitted by law Near Me Webcorp’s liability for any implied condition or warranty, at the choice of Near Me Webcorp, is limited to one or more of the following:

If the breach of an implied warranty or condition relates to services:

The resupply of the services; or
The payment of the cost of having the services resupplied.

If the breach of an implied warranty or condition relates to goods:

Or the supply of equivalent goods or the replacement of the goods;
The repair of such goods;
Acquiring equivalent goods, or having the goods repaired or the payment of the cost of replacing the goods.

Use of information gathered

The people authorised by Near Me Webcorp, or Near Me Webcorp, may gather and process the information:

Such as your name, address, email address and other personal information about you which you may provide when accessing the Site; and
Is programmed during you accessing the Site.

In accordance with clause 3, Near Me Webcorp reserves the right to share your contact details with a Business you have been introduced to.
Near Me Webcorp may engage in direct marketing to you in any medium using the information acquired through (i) and (ii) above.

Termination of access

At any time without giving any explanation or justification for the termination of access Near Me Webcorp may terminate access to the Site. As a consequence of terminating access to the Site Near Me Webcorp has no liability for any costs, losses or damages of any kind.

Alteration of Terms of Use

Near Me Webcorp reserves the right to change these Terms of Use:

Without any explanation or justification for such change; and
With or without further notice to you

1Relevant jurisdiction

If any part of this Agreement is found to be unlawful, or unenforceable or void, then that part will be deemed to be severable from the balance of this Agreement. The severed part will not affect the enforceability and validity of any remaining provisions.
Without giving effect to any principles of conflicts of laws, this Agreement will be governed by and interpreted in accordance with the law of New South Wales.
You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.

Businesses

Conditional on your acceptance without alteration of the terms and conditions set out below, this Site is available to provide information about your service or product. You are agreeing to the terms and conditions set out below by continuing to provide information about your product or service.

Uploading information

In relation to any material and/or information you provide to the Site, you represent and warrant that:

You are authorised to provide the material and/or information and service from the business that you represent;
Any material or information you provide is not a malicious falsehood or defamatory in relation to any person or corporation, product or service;
Your information and/or material does not infringe any confidential information and copyright, intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered); and
The material and/or information you provide does not constitute unfair competition and is not the “passing off” of any product or service and;
Any material and/or information you provide does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales. Including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Site or any law in any country where the material and/or information is or will be available electronically to users of the Site.

Licence to use intellectual property

You are granting Near Me Webcorp a non-exclusive and payment-free, perpetual licence throughout the world, by uploading any material which is intellectual property including, but not limited to, trademarks and service marks, copyrighted works, (the “intellectual property”) on to the Site;
To use and exploit the intellectual property, and reproduce it, as part of the Site, to the full extent permitted by intellectual property law in any jurisdiction in which the Site is available to users; and
To allow Near Me Webcorp to sublicense to others the same rights granted to Near Me Webcorp in (i) above

Quoting and winning Customers’ jobs

You agree and acknowledge that:

Near Me Webcorp is not involved or implicated in any way in all of the terms and conditions pertaining to the job and the quote constitutes a contract between you and the Customer only;
The customer will not necessarily select the lowest quote;
Whether active or inactive, Near Me Webcorp has no involvement in how the Customer selects the quote; and
The accuracy, reliability or timeliness of the content provided by a customer posting a job is not Near Me Webcorp’s responsibility.
Near Me Webcorp makes no guarantee that a customer has supplied a genuine phone number.

Removal of information

At any time, without giving any explanation or justification for removing the material and/or information, Near Me Webcorp may remove any material and/or information, including but not limited to links to you.

Limit of liability

In relation to, or in connection with, any material and/or information supplied in respect of advertising or bidding for jobs on this Site, and as a consequence of removing any material and/or information from this Site, Near Me Webcorp and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind which you may incur, whether arising directly or indirectly.
You warrant that you have taken out and will maintain any approvals and licences and required insurances, as required by the state and federal laws of Australia. You warrant that you will perform all services in accordance with industry and legislative standards.

Indemnity

At all times you will indemnify and keep indemnified Near Me Webcorp and its respective employees, officers, and agents (referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any action or proceeding, claim, demand, suit, by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.

Provision of Services and associated Fees

As described on the Site, you may be charged a fee for provision of our services.
You acknowledge that you understand the features of those services, by making use of our services as described on the Site.
Fees for our services are payable in advance.
Upon receiving payment from the payee, payment will be subject to the stated Refund Policy.
You can terminate Services provided by us and charged to you on a recurring subscription basis by providing us with 15 days written notice.

Quoting Credits

Your quoting credits (where you have paid us a fee for purchase of quoting credits):

Are not redeemable outside of the Site.
As described on the Site, are valid for a fixed period, commencing at the time of purchase after which they will expire.

Refund Policy

Any fees incurred are non-refundable. You acknowledge and agree to this as a term and condition of using the Site.
If you have outlined in detail the reasons for your grievance are not satisfied with the service of Near Me Webcorp, Near Me Webcorp will consider the application for a refund and in its absolute discretion may either:

Reject the claim; or
Offer you credit on your account; or
Refund your payment.

Only at the absolute discretion of Near Me Webcorp will refunds be given.
If there has been abuse reported against your account, or if we find your account is in poor standing we may refuse any credit or cash refund.

Termination of access

Without giving any justification or explanation for the termination of access, Near Me Webcorp may terminate access to the Site at any time.

Relevant jurisdiction

If any section of this Agreement is found to be unlawful, or unenforceable or void, then that section will be deemed to be severable from the balance of this Agreement. The severed part will not affect the enforceability and validity of any remaining provisions.
Without giving effect to any principles of conflicts of laws, this Agreement will be governed by and interpreted in accordance with the law of New South Wales.
You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of this Agreement.

Code of Conduct

A breach of the code of conduct, subject to the Terms and Conditions, can result in a warning or immediate termination. The Near Me Webcorp code of conduct is created to maintain the integrity of our marketplace for the benefit of all our customers and businesses and users.

All users will be courteous and polite in all interactions and will not engage in offensive or discriminatory behaviour on the Near Me Webcorp Site or towards Near Me Webcorp users and staff.
We expect that Businesses will display professional workmanship at all times and deliver excellent service.
Unless there is a change in the size or scope of work, Businesses will honour the price quote that has been submitted to the customer.
If an appointment has been made with the customer to complete the agreed work or inspect the job, the Business will arrive on time.
Using other avenues to locate customer information without paying the fee is a breach of the Terms of Use. Businesses will not breach the Terms of Use.
Posting illegitimate reviews is against the law. This will not be tolerated.
Businesses will not engage in any criminal activity. e.g. taking a deposit and not completing the work.
Users will not threaten or harass Near Me Webcorp users or Near Me Webcorp staff.

*Report on any of the above breaches will be further investigated prior to warning and termination.