1.1 The Lyndhurst-Hill Weather site (“Site”), is operated by HELP4BIS on behalf of the Dayboro Weather (“Lyndhurst-Hill”, “we”, “us” or “our”).
1.3 Please carefully read these Terms before you use this Site and/or the Share Service. In using and continuing to use this Site and/or the Share Service, you agree to be bound by these Terms. If you do not accept these Terms, you should not continue to use this Site or the Share Service.
2.1 We may change the Terms at any time by posting the changed Terms on this Site.
2.2 Amendments will be effective immediately upon notification on this Site. Your continued use of the Site and/or the Share Service following such notification will represent an agreement by you to be bound by the Terms as amended.
3.1 This Site, the Share Service, and the Content is supplied solely for reference purposes.
3.2 You may download and print individual listings from this Site for your own non-commercial use in the course of the normal use of this Site for directory assistance purposes.
3.3 Except as permitted under the Copyright Act 1968(Cth), other applicable laws, or as expressly authorised by us or these Terms, you must not:
– adapt, reproduce, copy, store, transmit, print, communicate to the public, distribute, publish, create derivative works from or use any part of this Site, the Share Service, or the Content for any purpose whatsoever;
– use any of the Site, the Share Service, or the Content for commercial purposes or commercial gain or to establish, operate or maintain your own product or service offering;
– whether through the use of additional software, the Share Service or otherwise, data mine or conduct automated searches of this Site or the Content;
– incorporate any of the Content with any other material, including advertising and promotional material;
– create links to this Site from any other website on the internet or frame or mirror this Site;
– tamper with, hinder the operation of or make any modifications to this Site, the Share Service, or the Content;
– knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via this Site or the Share Service;
– use this Site, the Share Service, or the Content to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
– attempt to do, or permit any other person to do, any of the above acts.
To access and use the Share Service, you must:
• be the owner of the mobile handset or account from which the Share (Send to Mobile) Service is accessed, or have the consent of the owner to access the Share (Send to Mobile) Service from that handset or account; and
• be the owner of the mobile phone number to which the Share (Send to Mobile) Service is used to send a message, or have the consent of the owner to send a message to that number.
We may add to, remove or vary any information provided via the Share Service at any time.
We, and our related entities and contractors, do not guarantee that the Share (Send to Mobile) Service will operate on your mobile handset or operate without causing damage to or disturbing the usual operation of your mobile handset.
We and our related entities and contractors, do not guarantee that the Share (Send to Email) Service will operate on your computer or internet account or operate without causing damage to or disturbing the usual operation of your computer or internet account.
Without limiting clause 3.3 above, you must not and must not attempt to or permit another person to use the Share Service or the information or Content disclosed to you via the Share Service:
• in any way which is unlawful, offensive or results, or could result, in damage to property or injury to any person, including by harassing or threatening people; or
• in a way which infringes our or any other person’s rights (including intellectual property rights and moral rights).
5.1 This Site and the Share Service may contain links to other websites which are not maintained or controlled by us or our related companies (“third-party site”). Third-party sites are not part of this Site or the Share Service. These links are provided by us solely for your convenience and we may remove, change or alter these links at any time.
5.2 We make no representations or warranties whatsoever about any third party site. We do not endorse and accept no responsibility for, the content or use of any third-party site. If you link to any third-party site, you leave this Site, the Share Service (as applicable) and do so entirely at your own risk.
Access to the Site outside Australia
We do not represent or warrant that this Site or the Content complies with the laws of any country outside of Australia. If you access and use this Site or the Content from outside Australia, you do so at your own risk.
All intellectual property rights to this Site and the content including digital map data(“Site Content”) are owned by Dutch Digital Dynamics Pty Ltd and its licensors. Information or materials procured from a third party may be the subject of copyright owned by that third party.
HELP4BIS and HELP4BIS logos are registered trademarks of Dutch Digital Dynamics Pty Ltd.
Google Play is a trademark of Google Inc.
Any other trademarks that appear on the Site or are referred to or made available via the Share Service are the property of their respective owners.
You must not use, modify or permit the use or modification of any of the above trademarks or any other trademarks used by us without our prior written consent or the written consent of the trademark owner.
8.1 We take all reasonable care in compiling our print and online directories, including the Content. However, the Site, the Share Service and the Content is provided ‘as is’ and we do not warrant or represent that they are complete, current or free from errors or omissions.
8.2 We provide our services with reasonable care and skill and endeavour to ensure the availability of our services and access to this Site and/or the Share Service. However, the availability of our services (including the Share Service) and access to this Site and/or the Share Service may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to this Site, the Share Services or the Content will be continuous, uninterrupted, timely, free from errors, faults or viruses, or secure.
8.3 We accept advertisements for this Site in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised on this Site will be suitable for any particular purpose, or that an advertiser has particular qualifications, or that the qualifications claimed by an advertiser are valid, or that the published address of any advertiser is the address at which a telephone call directed to the advertiser is answered. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on this Site or in any of our print directories, and it is your responsibility to verify any information in the advertisements on this Site or in any of our print directories before relying on it.
8.4 If you become aware of any inaccuracies or omissions in the information on this Site or in any of our print directories, we would be grateful if you could bring this to the attention of our OnLine Customer Service Centre at email@example.com.
10.1 We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:
• we do not accept liability to you for losses that:
• result from your use of our products and services in connection with the conduct of a business; or
• arise from or in connection with the Share Service, including in connection with the use or content of any third party sites that link from the Share Service
• except that we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to the extent permitted by that legislation, and in relation to the Share Services, we limit our liability, where applicable, to resupplying the Share Service (or the cost of resupplying the Share Service);
• we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
• we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
• we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).
You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).
Our rights to terminate, suspend or limit your access to the Site
We may suspend, terminate or limit your access to this Site and/or the Share Service (as applicable) at any time with as much warning as we reasonably can, including (without limitation) if:
• we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to this Site and/or the Share Service (as applicable);
• the law requires us to do so;
• we believe on reasonable grounds that providing you with access to this Site, the Share Service or the Content is illegal or may become illegal;
• there is an emergency;
• if it is necessary for maintenance or repair of relevant equipment or systems; or
• if there are other reasonable grounds for us to do so.
14.1 If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
14.2 If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
14.3 These Terms (and your dealings with us) are subject to the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.