Terms of Use

General

Before you begin to use the Services on this website, please read these Terms of Use. If you do not understand or do not agree with these Terms of Use, please navigate away from this website and do not use the Services.

Through your use of this website and the Services, you acknowledge and agree that the Terms of Use constitute the rules and conditions of access to, use of and supply of information from this website. The Terms of Use may be amended by us from time to time and published on this website. These amendments may be made without any notice to you and apply to your next usage of this website. You are responsible for ensuring you regularly review this website and these Terms of Use, in which case, your continued use of this website after any such changes are made will be deemed to constitute your acceptance of those changes.

If you object to any of the Terms of Use or any subsequent changes to them, or become dissatisfied with your use of the Services in any way, your only remedy is to immediately stop using the Services and this website.

These Terms of Use cover Moboom Ltd, its affiliated businesses and subsidiaries (collectively, "Moboom", "we", "us" or "our"). The services include our websites (including this one) and other online services that we own or control ("Services").

If hyperlinks and other redirection tools taking the user to other websites operated by third parties ("Outside Sites") appear on this website, you acknowledge that these Outside Sites may not be controlled by us and do not form part this website and agree that you will not hold us liable or in any way accountable for anything that occurs on Outside Sites.

1. Website access and availability

We reserve the right to modify, discontinue or disable all or part of the Services, on either a permanent or temporary basis, at any time. We may suspend, terminate or limit your access to all or part of the Services at any time if you breach the Terms of Use.

2. Website use

Businesses, business owners and/or their employees, contractors, agents or representatives, including without limitation, digital agencies and SEO consultants (collectively "Advertisers") may make available for publication on this website certain information or material, including but not limited to text, sounds, music, software, photographs, videos, data, graphics, images, logos, button icons, audio clips, messages, links, digital map data, directory listings or any other content (collectively "Content").

No unlawful, infringing or offensive activity

You must not post, transmit to or via this website (including any features, functions, online transactions, search engines, business listing information, quotes and/or other products or services offered by us from time to time) information or Content which breaches any laws or regulations, infringes a third party's rights or privacy or is offensive or contrary to any relevant standards or codes, including generally accepted community standards. You must not permit or enable another person to do any of those things.

You must not transmit any advertising, promotional materials or similar materials without our express written permission.

Examples of unlawful, infringing or offensive activity includes, but is not limited to, Content or material that:

· is false or misleading, abusive, harassing, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another's privacy;

· is an infringement of the intellectual property rights of another party;

· is not owned by you;

· may encourage criminal activity;

· contravenes any applicable laws, regulations, codes and standards;

· disturbs or damages this website, Services or its Content;

· damages us or our reputation; or

· otherwise breaches these Terms of Use.

We may withdraw or alter any Content or material you provide us for display on this website at our absolute discretion, including without limitation, if we:

· reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way a breach of these Terms of Use or any law or third party rights; or

· are instructed to do so by any third party.

No viruses or other interference

You must not transmit to or via the Services any virus or any other information or material or otherwise use the Services in a way which:

· tampers with, hinders the operation of, or makes unauthorised modifications to the Services;

· inhibits any other user from using the Services;

· violates the security of the Services or accesses any other unauthorised areas of the Services.

Fair use by Advertisers

An Advertiser:

· may only submit Content relating to the Advertiser's business;

· may not advertise under a business name that is not owned by the Advertiser;

· seeking to publish more than 3 business listings may only do so via our bulk upload facility. This includes Advertisers for related business (eg a franchise group) or unrelated businesses (eg a digital agency representing otherwise independent clients). Advertisers requiring to utilise our bulk upload facility should contact us to be granted access.

Fair use by users

All Content made available on or via the Services is provided for informational purposes only. The Content may only be used and reproduced for personal and non-commercial use. The following are examples of unacceptable use: (a) Content framing; (b) Content scaping; Content data-mining; (d) Content extraction; (e) Content re-distribution; mirroring of material; or using this website in any way which would interfere with its operation for other parties.

3. Disclaimer

By using this website you agree to abide by and acknowledge the following disclaimers.

· We simply operate a marketplace platform and are not involved in any resulting transaction between Advertisers and customers who contract their services after first being introduced via this website.

· We have no control over the truth, accuracy, quality, safety or legality of the items or services offered by Advertisers, the ability of Advertisers to provide the services offered.

· We cannot and do not confirm each Advertiser's purported identity.

· In the event that you have a dispute with one or more users of this website, you release us (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees) from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.

· You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of this website. Further, we do not validate nor take responsibility for the financial standing of Advertisers.

· You acknowledge and release us in the event that you deal with underage persons or people acting under false pretence.

  • Search results are based on a number of factors, which can change from time to time. We make no warranties as to the order in which Advertiser listings appear in search results, if at all.

4. Intellectual Property

Licence to use your information

Solely to enable us to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, transferable, fee-free right to use, reproduce, modify, adapt, publish or communicate to the public your Content for the reasonable purposes of our business and the right to sublicence those rights to others. We also reserve the right not to use the Content that you submit.

You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not breach any laws. You indemnify us against any and all legal fees, damages and other expenses that may be incurred by us as a result of a breach of this warranty.

Attribution

You must not obscure, remove, mask or replace any attribution statements or copyright notices or logos which are embedded in an any information provided by you.

Copyright

All copyright and other intellectual property rights subsisting in the Services and the Content and material on this website (including, without limitation, the software, design, text and graphics and the selection and layout of this website) are owned by or licensed to us and protected by copyright under the laws of Australia and other countries.

You may not distribute, reproduce, frame, transmit (including broadcast), communicate, adapt, distribute, sell, publish, alter, modify or create derivative works from any part of the Services or the Content on the Services except as permitted by statute or with our written consent.

5. Warranty

You agree to accept the sole responsibility for the legality of your actions using the laws which apply to you. You agree that we are not responsible for the legality of the actions of users of the Services.

6. Indemnity

You indemnify and release us (and our directors, agents, contractors, affiliates, parents, subsidiaries and employees) from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor's fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Terms of Use or your violation of and law or the rights of a third party.

7. No Agency

You and us are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by this Terms of Use agreement or your use of the Services.

8. Governing Law

These Terms of Use are governed by the laws of Western Australia. You and us submit to the non-exclusive jurisdiction of the courts of Western Australia and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

Privacy Policy

General

This Privacy Policy applies to both Consumers and Business users of our Services.

The Policies describe our policies on the collection, use and disclosure of information about you in connection with your use of our Services, including those offered through our websites and communications (eg emails, phone calls and texts).

When you use the service, you consent to our collection, use and disclosure of information about you as described in this Privacy Policy.

The Privacy Policy may be amended by us from time to time and published on the website. These amendments may be made without any notice to you and apply to your next usage of the website. You are responsible for ensuring you regularly review the website and this Privacy Policy, in which case, your continued use of the website after any such changes are made will be deemed to constitute your acceptance of those changes.

These Policies cover Moboom Ltd, its affiliated businesses and subsidiaries (collectively, "Moboom", "we", "us" or "our"). The services include our websites (including this one) and other online services that we own or control ("Services").

1. Information we collect and how we use it

We may collect, transmit and store information about you in connection with your use of the Services, including any information you send to or through the Services. We use that information to provide the Services' functionality, fulfil your requests, improve the Services' quality, engage in research and analysis relating to the Services, personalise your experience, track usage of the Services, provide feedback to third party businesses that are listed on the Services, display relevant advertising, market the Services, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Services and comply with legal obligations. Even when We do not retain such information, it still must be transmitted to our servers initially and stored long enough to process.

2. Cookies and similar technologies

We, and third parties with whom we partner, may use cookie, web beacons, tags, scripts, local shared objects such as HTML5 and Flash, advertising identifiers and similar technology ("Cookies") in connection with your use of the Services. We use these technologies for a number of purposes, such as authentication, security, preference settings, advertising, measurement and analytics.

Cookies may contain unique identifiers and reside, among other places, on your computer or mobile device, in emails we send to you and on our web pages. Cookies may transmit information about you and your use of the Services, such as your browser types, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have interacted with, and the date and time of your use.

The purposes for which we may use Cookies in the Services include:

· Processes: Intended to make the Services work in the way you expect. For example, we may use a Cookie that tells us whether you have already signed up for an account.

· Notifications: Intended to allow or prevent notices of information or options that we think could improve your use of the Services. For example, we may use a Cookie that stops us from showing you certain notifications if you have already seen it.

· Advertising: Intended to make advertising more relevant to users and more valuable to advertisers. For example, we may use Cookies to serve you interest-based ads, such as ads that are displayed to you based on your visits to other websites, or to tell us if you have recently interacted with an ad.

· Analytics: Intended to help us understand how visitors use the Services. For example, we may use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.

You can set some Cookie preferences through your device or browser settings, but doing so may affect the functionality of the Services. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security setting. Please note that changing any of these settings does not prevent the display of certain advertisements to you.

3. When is my data shared?

We may share certain data about you as further described in this Privacy Policy or when you give us consent to do so. Third parties may receive information about you as follows:

A. Advertisers: We may allow third parties to use Cookies through the Services to collect the same type of information for the same purposes as we do. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use. We may also share some non-identifiable, de-identified or aggregated information from or about you, such as location information, with third parties in connection with advertising programs and data analytics.

B. Service Providers: We rely on third party service providers to support or provide services for us in connection with your use of the Services, such as communications and hosting, security and fraud prevention, technical and customer support, tracking and reporting usage of the Services, quality assurance testing, payment processing, marketing and other functions. We share information from or about you with these third party providers so that they can perform their services or complete your requests.

C. Aggregate or Anonymous Information: We share user information in the aggregate with third parties, such as businesses that are listed on our Services. For example, we may disclose the number of users that have been exposed to or interacted with advertisements.

D. Business Transfers: We share information from or about you with our parent companies, subsidiaries, joint ventures or other companies under common control and require them to also honor this Privacy Policy. If another company acquires us or all or a significant part our assets, that company will possess the same information, and will collect, use and disclose the information only as described in this Privacy Policy.

E. Businesses listed on our Services: We may share information from or about you and your use of the Service with businesses listed on our Services. Additionally, if you contact a business through or in connection with your use of the Service, we may share with the business, information about your contact that the business would have received had you contacted them directly.

F. Investigations and Legal Disclosures: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal or law enforcement processes, (b) is helpful to prevent, investigate or identify possible wrongdoing in connection with the Services; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public.

G. Links: The Services may link to third party-controlled websites, like a business' URL, however, we do not share you personal information with them, and are not responsible for their privacy practices.

H. Third Party Integrations: If you sign up for, or log into the Services using a third party service or link your Services account with your account with a third party service, we may receive information about you from such third party service. If you post content to a third party service through the Services, that third party service will also receive that content, which will be visible to anyone that has access to it through that third party service. Some of our web pages utilise framing techniques to serve content to you from our third party partners, while preserving the look and feel of the Services.

4. Data retention

To the extent required by applicable law, we keep the personal information you provide for the duration of our relationship, plus a reasonable time thereafter to comply with applicable laws.

5. Children

The Services are intended for general audiences and is not directed to children. We do not knowingly collect personal information online from individuals under the age of 13 or such other age as may be directed by applicable law.

6. Security

We use various safeguards to protect personal information against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. However, no method of transmission over the Internet or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

7. More information for EEA, UK and Switzerland consumers

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will typically be to operate our Services, communicate with you in relation to our services, or for our other legitimate commercial interests, for instance, when responding to your queries, to analyse and improve our platform, engage in marketing, or for the purposes of detecting or preventing fraud.

Our legal basis for collecting and using the information described above will depend on the specific information concerned and the context in which we collect it. We, however, will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for instance, to prevent, investigate, or identify possible wrongdoing in connection with the Services).

Subject to applicable law, you may have a number of rights regarding the processing of your personal data, including: the right to access your personal data, and the right to request that we correct, update or delete your personal data. You can object to the processing of your personal information, ask us to restrict processing of your personal information and request portability of your personal information. Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Please note that the personal information we obtain from or about you may be transferred, processed, and stored outside of the EEA, UK or Switzerland for the purposes described in this Privacy Policy, including in the United States of America and Australia.