:: Terms & Conditions
AGENTHUNTER.COM.AU USER AGREEMENT
1. Terms of Use
Access to and use of the AgentHunter.com web site ("the Website") and the products and services available through the Website are subject to the following terms of use. The words "we", "us", "our" and "AgentHunter.com" means ("Agent Hunter") (ABN 1848082S) of 7B Draper Street McKinnon VIC 3204 Australia and the words "you" and "your" refer to Users, Trial Users and Registered Users of the Website, as the case may be.
2. Definitions
(a) "Ratings System" refers to the section of the Website where Registered Users are able to rate, on a scale of 1 to 5 stars, their experience of procuring and engaging the services of other Registered Users for the purpose of enabling other Registered Users to have access to a greater degree of business information when selecting to contact or procure the services of suppliers and agents whose User Profiles are posted on the Website. The Ratings System is more fully described in clause 8.
(b) "Registration Fee" refers either to the amount of $49.95 payable by you to us if you are an agent Registered User, or to the amount of $299.00 payable by you to us if you are a supplier Registered User. We reserve the right to change the Registration Fee at any time by giving you at least 30 days notice in writing.
(c) "Registered User" means the User or Trial User disclosed upon completion of the Website Registration Process. A User or Trial User does not become a Registered User until the Website Registration Process has been completed;
(d) "Services" means the services and benefits conferred on Trial Users and Registered Users by their membership and use of the Website.
(i) For Trial Users, the Services refer to our granting you limited access to explore various sections of the Website not available to Users, including the Website search facility.
(ii) For Registered Users, the Services refer to our listing of your business name and User Profile on the website, in addition to the range of services and benefits described on the "Member Benefits" section of the Website.
(e) "Subscription" refers to the completion of the subscription page on the Website (i.e. step (i) only of the Website Registration Process);
(f) "Trial User" means a User who has completed the subscription page on the Website and has received written or e-mail confirmation from us that they are now a Trial User of the Website, either in the capacity of a supplier or an agent as the case may be;
(g) "User" means any person accessing or visiting the Website but not including a Trial User or a Registered User;
(h) "User Profile" refers to the business profile and identifying information that Registered Users choose to supply about themselves on the Website;
(i) "Website Registration Process" refers to the process by which a User or a Trial User becomes a Registered User through:
(i) completing the subscription page on the Website; and
(ii) paying the Registration Fee described in clause 2(b); and
(iii) receiving written or email confirmation from us that they are now a Registered User, either in the capacity of a supplier or an agent as the case may be.
3. Acknowledgment and Acceptance of Terms of Use
You should read and familiarise yourself with these Terms of Use before you use the Website. By using the Website, you expressly agree to these Terms of Use as they are amended from time to time and you acknowledge that you have read and understood them. You also agree that any information that you provide to us will be true, accurate, current and complete and that you will maintain and properly update your User Profile as required.
4. Governing Law
These Term and Conditions are governed by the law in force in the State of Victoria, Australia.
5. Intended Use
Free Trial User Membership
You may register on the Website as a Trial User. You will then be entitled to the Services described in clause 2(d)(i). However you will not become a Registered User unless the Website Registration Process is completed in full. Upon becoming a Trial User, you will be listed on the Website however your User Profile will not be visible or accessible to other Users, Trial Users or Registered Users;
Registered User Membership
Upon completion of the Website Registration Process (which includes the payment of the applicable Registration Fee) a licence will be issued for the non-exclusive use of the Website to you as a Registered User. In such event you will be hereby licensed to use the Website as a Registered User for a period of 12 months and your User Profile will be visible to all other Registered Users. You will then also be entitled to all of the Services described in clause 2(d)(ii).
6. Termination
(a) We reserve the right to terminate your membership at any time by providing you with written or email notice. If we terminate your membership because you have breached these Terms and Conditions we will not refund any payments made.
(b) Failure to pay the Registration Fee on each anniversary of you becoming a Registered User will result in your membership becoming inactive until payment is received.
(c) You may terminate your membership as a Trial User at any time by providing us with written or email notice.
(d) You may terminate your membership as a Registered User at any time by providing us with at least 30 days notice in writing.
(e) To the extent permitted by law, the Registration Fee or any portion thereof is not refundable at termination of your membership as a Registered User under any circumstances irrespective of the reason(s) behind any such termination.
7. Information You Supply to Us
(a) You acknowledge that by supplying your personal and business information to the Website, you grant Agent Hunter a non-exclusive licence to use any such personal or business information throughout the world in any and all media free of charge and without restriction, subject only to the Privacy Policy described below.
(b) You warrant that any material or other information you submit to us will be accurate and up to date in all respects and will not infringe any third party's intellectual property or others rights.
8. The Ratings System
(a) The Ratings System is intended to provide a supplementary information service for suppliers and agents to better match their respective businesses and must at all times be used honestly and in good faith.
(b) We reserve the right to edit, refuse to post, or remove any information or material on the Ratings System that we deem offensive and inappropriate.
(c) We reserve the right to cancel the membership of any Registered User who we believe has posted any information or material on the Ratings System that we deem inappropriate.
(d) Where a dispute arises between you and another Registered User, you will need to personally negotiate the resolution of that dispute. We do not take responsibility for mediating between Registered Users who disagree with the comments posted through the Ratings System. We encourage all parties to contact each other directly to discuss and resolve any issues or disputes.
(e) You are personally responsible for all comments you post through the Ratings System. You will not use the Ratings System to post any defamatory material or to harass, menace, or inhibit any other Trial User or Registered User from using the Website and you will not otherwise use the Ratings System in bad faith.
(f) We exclude our liability in relation to the Ratings System in the way described in clause 9(g).
9. Limitation of Liability and Indemnity
You acknowledge that:
(a) The posting and maintenance by Agent Hunter on the Website of User Profiles of Registered Users and business name listings of Trial Users are not to be construed as an endorsement or recommendation of any information, goods or services referred to in any such User Profiles or Business Name listings;
(b) Agent Hunter is in no way obliged to successfully broker an agent/supplier Relationship between any Users, Trial Users and Registered Users of the Website;
(c) Membership and use of the Website as a Registered User and any accompanying software and accompanying files are sold "as is" and "as available". Without warranties as to performance or merchantability or any other warranties whether expressed or implied;
(d) We do not warrant, guarantee, or make any representations in relation to the accuracy of User Profiles or in relation to any information contained therein;
(e) We do not warrant, guarantee or make any representations regarding the security of accounts or User Profiles, or that the Website is free from destructive materials, including but not limited to computer viruses, spyware, malware, hackers or any other technical sabotage, nor do we warrant, guarantee or make any representations that access to this site will be fully accessible at all times, uninterrupted, or error-free;
(f) No warranty of fitness for a particular purpose is offered. Users, Trial Users and Registered Users must assume the entire risk of being a member of or using the Website;
(g) Users, Trial Users and Registered Users indemnify Agent Hunter and hold Agent Hunter harmless against any loss or damage directly or indirectly and howsoever arising suffered in connection with their use or membership of the Website. For the avoidance of doubt, this includes any loss or damage directly or indirectly and howsoever arising suffered in connection with the posting of any defamatory material by other Registered Users through the Ratings System as well as any harassment or menacing behaviour experienced by Registered Users as a result of the Ratings System.
(h) Our liability is in all events limited exclusively to refund of the Registration Fee or re-supply of the Services;
(i) We reserve the right to make any changes to the Website and its operation that we deem appropriate at any time by giving you at least 30 days notice in writing;
(j) This site may include links to third party sites. We make no representation or warranty as to the accuracy or any other aspect of the information on those linked sites. No link to another site should be construed as an endorsement or recommendation of any information, goods or services referred to.
(k) We must not be held liable for any defamatory material, harassment, menacing behaviour, or any other impairment or loss occasioned to any Registered User by other Registered Users arising from the Ratings System.
10. Prohibited Activities
Agent Hunter reserves the right to investigate and terminate your membership if in the reasonable opinion of Agent Hunter, you misuse any of the services or products offered through the website. You agree that:
(a) You will not send or post material which infringes the rights of any third party.
(b) You will not post, distribute or reproduce in any way any copyrighted material, trademarks or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(c) You will not impersonate any person or entity.
(d) You will not harass any other person.
(e) You will not express or imply that any statements you make are endorsed by Agent Hunter without our specific and express prior written consent.
(f) You will not use any robot, spider or other device or process to retrieve, index or in any way reproduce or circumvent the navigational structure or presentation of the Service of its contents.
(g) You will not "frame" or "mirror" any part of the Service or the Agent Hunter website, without Agent Hunter's prior written authorisation.
(h) You will not use code or other devices containing any reference to Agent Hunter, or the Website to direct persons to any other web page.
(i) Except and only to the extent permitted under applicable law, you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause or encourage others to do so.
11. Intellectual Property
(a) Copyright in Material on Website
Unless otherwise indicated, all Website design, text and graphics are intellectual property belonging to Agent Hunter. None of the material may be copied, downloaded, displayed, posted, transmitted, used or reproduced in whole or in part in any form or by any means for any purposes unless such use is expressly permitted by us or by applicable copyright laws.
(b) Trademarks
All Agent Hunter trade names, trade symbols, logos, slogans, trademarks or services marks appearing on the Website are trademarks or proprietary interests of Agent Hunter. All other trade names, trade symbols, etc that appear on the Website are the property of their respective owners.
12. Payment
Agent Hunter is authorized to automatically renew my annual membership unless I notify them via email to info@agenthunter.com.au of my intent to stop my membership. Your email confirmation must be 5 days prior to your annual membership expiry date. If you would like to stop your advert you will need to notify us 5 days prior to your advert expiry date, via email to info@agenthunter.com.au with the subject "Unsubscribe to Hot Opp". If no notification is received within this time frame then your credit card will be charged and your advert will automatically renew for another thirty days.
Payment may be made by credit card; we accept Visa or Mastercard. In this regard, you are responsible for providing a valid credit card number with available credit at the time of purchase. You represent and warrant that you have authority to use any such credit card.
13. Website Content Determined by Trial Users and Registered Users
You further acknowledge that we do not accept any liability for the contents of the Website that relate to business name listings and User Profiles. This limitation of liability includes, but is not limited to, the following:
(a) material which breaches any laws, infringes a third party's rights, or breaches any standards, content requirements or codes promulgated by any relevant authority;
(b) use of the Website which in any way interferes with other Users, Trial Users or Registered Users, or defames, harasses, menaces, restricts or inhibits any other User, Trial User or Registered User from using the Website.
14. Ownership of User Profile
Ownership of the contents of your User Profile remains with you and ownership of the template provided on the Website for you to utilise when completing and maintaining your User Profile remains with Agent Hunter at all times. You acknowledge that once you have completed your User Profile on the Website, the content is retained on our server for a period of 12 months.
15. Severance
Any clause or part thereof of these Terms and Conditions which is, or becomes, illegal, void or unenforceable, shall be ineffective to the extent only of such illegality, voidness or unenforceability and shall not invalidate any other or the remaining clauses or parts thereof of these Terms and Conditions.
