TERMS OF USE
Your access to and use of https://www.theauslink.com.au (“Website” or “website” or “TheAusLink”) and/or the services (account information, addition/updation of listings and other subscribed features) that are made available via the website are subject to
a. these Terms of Use;
b. our Privacy Policy;
c. our Payments & Refunds Policy; and
d. any other terms, conditions, notices, or disclaimers displayed on the Website;
whether you are a registered user or an unregistered website visitor. By using the website, you agree to be bound by the “Terms of Use” and acknowledge that TheAusLink reserves the right to offer or withdraw any information or services offered at its own absolute discretion.
The terms “we”, “us” or “our” shall refer to TheAusLink. The terms “you”, “your”, “user” or “customer” refer to the visitor of the Website or the account holder of the account and/or the persons authorised by the account holder to submit or manage lisings, make a purchase of subscriptions, add-ons or more in respect to that account.
1. TheAusLink reserves the right to modify, disable or discontinue all or part of the Website or Services, on either a temporary or permanent basis at any time. We will make all efforts to provide you with prior notice of any modifications by posting on the Website, however you accept that it may not always be possible to provide prior notice.
2. Our Website or Services may contain links to third party websites. The links are provided for your convenience only and do not indicate expressly or impliedly, any endorsement by us of the sites or the information, products, or services provided at those sites. You access those sites and use the information made available at those sites, solely at your own risk.
3. We or our employees or contractors (if any) make no representation about the accuracy or suitability of the information, photos/images, videos or links provided on the Website or Services. The information is provided on an ‘as is’ and ‘as available’ basis, without express or implied warranty. You use the information and links at your own risk. We take no responsibility for the content of internet sites that link from the Website or Services.
4. All copyright and other intellectual property rights subsisting in the Website or Services and the Content and material on our Websites (including, without limitation, the software, design, text and graphics) are owned by us and protected by copyright under the laws of Australia and other countries.
5. You must not do anything which breaches or interferes with our intellectual property rights.
6. To the extent that any terms of this Terms of Use are inconsistent with any other terms displayed on individual pages of our Website (other terms), the other terms will govern to the extent of the inconsistency only.
UNREGISTERED VISITOR/USER
7. An “Unregistered Visitor” or “Unregistered User” is a website visitor who is not a member or a registered user who can access parts of the website which do not require the visitor to be logged in.
8. You may view the Website or Services and use its content for personal and non-commercial purposes.
REGISTERED USER
9. It might be required for you to register with us in order to access some parts of the Website or Services if you are addding your Business or an Event listing or managing information for a Mosque, Musallah or a School. You are solely responsible for the use of your account at TheAuslink and must ensure that you keep all passwords secure. You will be responsible for any access to the Website or Services using your registration details, even if that access is by another person.
WHO MAY USE THE WEBSITE & SERVICES
10. Unregistered Visitors may use the Website or Services at TheAusLink to find information that is publicly available on the website.
11. Registered listing owners may use the Website or Services at TheAusLink to find information that is publicly available on the website and to manage their listing information and their account on the website.
ACCESS THROUGH LOGIN CREDENTIALS
12. Accessing the website using your Login Credentials is required if you would like to list your business or an event at TheAusLink.
13. Access through Login Credentials is also required if you are a Mosque, Musallah or School that is already listed at TheAusLink or if you would like to list a new one.
14. If you are requesting access to manage the information listed on an existing Mosque, Musallah or School, you will be required to prove your authority to do so from that particular organisation or entity. The requirements to do so will be shared with you once you have placed a request through our Contact Us form.
15. The Login Credentials issued to you are for the purposes of accessing the Website and/or Services for managing the information on your listings (Business, Event, Mosque, Musallah or School) and to purchase subscriptions for any of our services made available through your login. Any other use of your Login Credentials is prohibited. You are solely responsible for all information displayed on your listing thorough the Website.
ACCOUNT HOLDER COMMUNICATIONS
16. You agree to receiving communications in the form of emails or phone calls with respect to your account with TheAusLink.
BILLING
17. You agree to pay any invoices raised towards any services or subscriptions you have utilised through the Website or Services.
18. You agree to pay TheAusLink any amounts that were declined or unsuccessful towards any services or subscriptions utilised through the Website or Services.
CONDITIONS FOR LISTINGS
Conditions for listing a business:
19. The business should be a registered business in Australia with an ABN or ACN.
20. The business should be a muslim owned business with at least one partner or owner, as TheAusLink is a Muslim business directory.
21. Businesses that go against Islamic ethics & beliefs may not qualify to be listed at TheAusLink. In the scenario of a rejection, any payments made at the time of signup would be refunded (as per the Payments & Refunds Policy).
22. TheAusLink may accept or reject a listing request at its absolute discretion.
Conditions for listing an event:
23. The criteria for an Event listing to be listed at TheAusLink should include at least one of the following:
| a. Muslim owned Event owners/organisers b. Muslim owned Event sponsors c. Mosques or Musallahs d. Islamic Schools e. Muslim owned Schools or Colleges |
24. Events that go against Islamic ethics & beliefs will not qualify to be listed at TheAusLink. In the scenario of a rejection, any payments made at the time of signup would be refunded (as per the Payments & Refunds Policy).
25. TheAusLink may accept or reject an Event listing request (or purchase) at its absolute discretion.
YOUR CONTENT
26. You are solely responsible to ensure that you are authorised to upload any content, information, photos/images and videos and that it is accurate, correct, current and complies with your agreement to these Terms of Use.
YOUR CONTENT AND INTELLECTUAL PROPERTY
This section applies if you submit, post, transmit, or make any material available via our Website or Services (Your Content).
27. Where you do so, you grant to us a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferrable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of our business, and the right to sublicense those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.
28. You warrant that you have the right to grant the above licence, and that our exercise of the licence rights above will not infringe the intellectual property rights of any third party, and that your content is not defamatory and does not breach any law.
29. We may review your content, but are not obliged to do so. We may also alter or remove any of your content at any time, including to ensure the functionality of our Website or Services.
30. We may withdraw or alter any content or material you provide to us or post for display on the Website at our absolute discretion, including, without limitation, if we:
| a. 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 b. discover substancial changes to your business and are unable to reach you (to verify the same changes) either through email or phone provided by you to us. |
31. You must not post or transmit any advertising, promotional materials, or similar materials without our express permission.
WHAT YOU MUST NOT DO
32. You must not post or transmit to or via our Website and/or Services any 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. You must not permit or enable another person to do any of these things either. Examples of unlawful, infringing or offensive activity includes, but is not limited to, content or material that:
| a. is false or misleading, abusive, harassing, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory, or invasive of another’s privacy; b. is an infringement of the intellectual property rights of another party; c. is not owned by you; d. may encourage criminal activity; e. contravenes any applicable laws, regulations, codes and/or standards; f. disturbs or damages our Website, Services or Content; g. damages us or our reputation; or h. otherwise breaches these Terms of Use. |
33. You must not transmit to or via the Website or Services any virus or any other information or material or otherwise use the Website or Services in a way which:
| a. tampers with, hinders the operation of, or makes unauthorised modifications to the Website or Services; b. inhibits any other user from using the Website or Services; c. violates the security of the Website or Services or accesses any other unauthorised areas of the Website or Services. |
34. You may not distribute, reproduce, frame, transmit, broadcast, adapt, distribute, sell, publish, alter, modify or create derivative works from any part of the Website or Services or the content on the Website or Services except as permitted by statute or with our written consent.
35. You must not obscure, remove, mask or replace any attribution statements or copyright notices or logos which are embedded in any information provided to you.
ACCOUNT/LISTING TERMINATION
36. If you breach any of the Terms of Use, Privacy Policy, Payments & Refunds Policy or any other terms and conditions contained on this website, we may terminate or suspend your access to the Website and/or Services with immediate effect.
37. If we do not act in relation to a breach by you, of the Terms of use, Privacy Policy, Payments & Refunds Policy or any other terms and conditions contained on this website, we do not waive any rights to act in relation to that breach or any later breach by you.
CHANGE REQUESTS
38. Change requests in any listings will be reviewed and will be applied only if there is no owner assigned to the respective listing and the requested change in information can be veriried through reliable sources.
39. Listing owners are responsible for the information displayed on the listings.
SECURITY
40. We will endeavour to take all reasonable steps to keep secure any information which we hold about you. Your information is stored on secure shared servers, in accordance with our Privacy Policy.
PRIVACY
41. By using the Website or Services, you agree to our Privacy Policy.
THIRD PARTY COPYRIGHTS
42. The Copyright Act 1968 (Cth) protects materials such as films, music, books, and computer programs. You break the law if you download, copy, share or distribute this material, unless you are allowed to do so by the Act or you have the copyright owner’s written permission.
Please do not use our Website or Services to do any of these things, else we may have to cancel your subscriptions or terminate your account (including deletion of your content) and the copyright owner could take legal action against you.
INDEMNITY
43. You indemnify TheAusLink, its owner, executives and employees from and against all claims, lawsuits, actions, liabilities, damages, costs/expenses arising out of or connected to your use of the Website or Services or through your Login Credentials.
LIMITATION OF LIABILITY
44. To the maximum extent permitted by law, we do not represent or warrant that the content on the Website or through the Services is/are accurate, reliable, suitable or complete. In particular, although we use reasonable care in operating the Website or Services, we cannot guarantee that the Website or Services and/or your access to the Website or Services will be continuously available, uninterrupted, timely, secure or virus or error free.
45. Except as set out below, We exclude all:
| a. warranties whether express, implied, statutory or otherwise, relating in any way to the Website or Services or your use of it; and b. liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with the Website or Services or any use of the information on or use of or access through the Website or Services for any reason whatsoever (including negligence). |
Where any statute implies any term into your use of or any arrangement arising out of the accessing of the Website or Services and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by statute however, our liability for any breach of such term is limited to the resupply of services.
Our liability to you:
46. Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts.
47. We exclude liability for any loss or damage to the extent that it is caused by you.
48. To the maximum extent permitted by law, we are not liable for damage or loss of any kind arising from or in connection with your access to, or use of, or inability to use, the Website or Services.
Your liability to us:
49. You agree to fully compensate and hold us harmless for any loss, damage, costs, expenses and penalties arising out of your material breach of this Terms of Use or any negligence, or any act of fraud by you or on your behalf.
CHANGES TO TERMS AND/OR POLICIES
50. Any future changes to the Terms of Use, Privacy Policy, Payments & Refunds Policy and any other terms and conditions contained on this website, will be updated to the Website from time to time.
By continuing to use the Website or Services, you will be deemed to have accepted the updated Terms of Use, Privacy Policy, Payments & Refunds Policy and any other terms and conditions contained on this website and agree to be bound by them.