YOURVALUE PTY LTD
ACN: 124 753 813
TERMS AND CONDITIONS
These terms apply to the use of our services under the domain and sub-domains of www.yourvalue.com.au (the "Site") and in all related supply of services. All users are bound by these terms and conditions. If you wish to be bound by these terms and conditions, do not use or access our services.
User Eligibility
This Site is for YourValue customers only. Our services are available only to those who can form legally binding contracts under applicable law.
The Site functions as a resource to connect users and service providers in a virtual marketplace. As a neutral facilitator, YourValue is not directly involved in the actual transactions between users of the Site, and is not a party to any agreement or contract between users and service providers. As a result, YourValue has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the internet is difficult, YourValue cannot and does not confirm the identity of users or service providers. YourValue also does not confirm nor verify the qualifications, background, or abilities of users or service providers. We recommend that all users and service providers carry out their own checks when dealing with any other user or service provider located via YourValue. Users and service providers should be careful and exercise common sense and good judgment when dealing with any other user or service provider on the Site.
YourValue users and service providers and buyers are responsible for payment of all service providers charges, fees for service, GST, out-of-pocket expenses and any other monies due by any party as a consequence of the use of the Site, or any contractual or other relationship arising out of the use of YourValue or the Site. YourValue is not liable for payment of any monies arising out of any relationship arising out of the use of YourValue or the Site.
YourValue does not warrant or represent in any way that any relationship contractual or otherwise shall arise between any user and any service provider from the use of YourValue or the Site.
The Site is Evolving
YourValue may modify or discontinue this Site and the services available through it without notice, and without incurring any liability of any kind to you.
General Advice
This document is intended to provide general advise only. Before making a decision to engage a company you need to consider whether the advice is appropriate in light of your particular needs, objectives and financial circumstances.
Your Relationship with Merchants, Advertisers, and Users
Your correspondence with merchants, advertisers, or users on the Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser, or user. You agree not to hold YourValue liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or users on the Site.
Third Party Content, Verification and Monitoring
YourValue may make available to users of the Site various services provided by third parties ("Authentication Service System") which verify a User's identity or credentials. Use of these services is voluntary. To become a Select service provider, users must be authenticated by the applicable Authentication Service System Provider. YourValue is a distributor (and not a publisher) of content supplied by any third parties (including but not limited to Authentication Service System Providers) and users of this Site. YourValue has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users and Authentication Service System Providers, are those of the respective author(s) or distributor(s) and not of YourValue. YourValue neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorised YourValue employees acting in their official capacities. YourValue does not confirm or verify if a service provider claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the services or advice being requested. You understand and acknowledge that YourValue is not responsible for and does not monitor content for accuracy or reliability. It is the sole responsibility of a user of the site to make enquiries of any other party with which the user deals as to the merchantability or fitness for purpose of any product or service provided, the identity of the other party, and compliance with the Trade Practices Act, the Fair Trading Act, the Goods Act, or any other law affecting the relationship, goods or services provided, or transaction.
YourValue Fees
YourValue does not charge consumers of services. YourValue has an administration/listing fee for new service providers joining the service. Registered service providers then agree to pay a fee for a subscription in YourValue listings and feedback system. Constant feedback call-outs that are required will also endorse a fee as the resource database grows. Other fees, such as cheque dishonour fees, may apply from time to time.
Feedback System
As a User, you will be able to post feedback about Users with whom you have transacted. This effects the service provider listing scorecard. You acknowledge that your feedback may consist of comments and ratings left by other users and that YourValue may calculate a composite feedback number based on these individual ratings. Service providers agree to be rated by buyers along several criteria, as determined by YourValue. YourValue provides its feedback and rating system as a means through which users can express their recommendations, and YourValue monitors all feedback received and processed and investigates any remarks posted by users for accuracy or reliability. Please note that you may be held legally responsible for damages suffered by other YourValue users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. YourValue is not legally responsible for any feedback or comments posted or made available on its site by any users or third parties, even if that information is defamatory or otherwise legally actionable. You agree NOT to take any actions that undermine the integrity of the feedback system, including but not limited to those outlined in the Feedback Policy.
Posting of Information on the Site
As a customer, you will be allowed to post information, data and text to YourValue system accessible and limited-access areas of the Site. You are not allowed to post logos, seals or slogans from third parties on any part of the Site unless they are provided by YourValue or a YourValue partner, or you have sought and received express permission from YourValue to display such logo, seal or slogan. (direct all such inquiries to YourValue Customer Service.)
In order to operate the Site, YourValue must have certain rights. Consequently, when You send feedback being information, text, files, links, attachments, software or other materials ("Content") to publicly visible areas of the Site, You are granting, or warranting that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
You must use good judgment when posting information, remarks or other Content regarding other users, service providers, YourValue or any other third party. You may be held legally responsible for damages suffered by other Users, YourValue or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which You post to YourValue Site. YourValue is not legally responsible for any remarks, information or other Content posted or made available on its Site by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. However, YourValue reserves the right to remove or restrict access to any information or Content posted or made available on its Site by its users or any third party if ordered to do so by a court or if YourValue considers such information or Content to be in violation of its Use Agreement or posted rules or policies, including information or Content YourValue considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, overly disparaging or deprecating of YourValue or other users or otherwise objectionable.
Provide Accurate Information
You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever you post any information on or to the Site (including but not limited to posting a request for services, bidding on a job project, and/or posting your profile), You agree to provide true, accurate and complete information. YourValue reserves the right to terminate your account upon the discovery that the information you provided or posted is not complete or accurate.
Your YourValue account (including feedback) and User ID may not be transferred or sold to another party.
Guard Your Password
You must safeguard the User ID and password You use to access this Site. You authorise us to assume that any person using the Site with Your User ID and password either is you or is authorised to act for you.
Privacy
Please see our Privacy Policy, which is incorporated herein by reference.
User Obligations
You agree NOT to do any of the following while using the Site:
Violate any applicable law or regulation;
Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
Tamper with postings of other users;
Post logos, seals or slogans from third parties on any part of the Site unless they are provided by YourValue or an YourValue partner;
Solicit or gather any user's information available from the Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters;
Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site;
Frame or link to the Site except as permitted in writing by YourValue ;
Impersonate or misrepresent your affiliation with any person or entity.
Post false or misleading information about a product, service or service request;
Post or transmit any Content that infringes a third party's intellectual property rights or rights of publicity or privacy;
Post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libellous, defamatory, abusive, tortious, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of YourValue or other users or otherwise objectionable;
Repeat any action after you receive warning or request to desist from YourValue , whether or not that action is explicitly stated in policies. This includes continuing to use YourValue service under the same account, a different account or reregistering under a new account after your membership has been temporarily suspended, indefinitely suspended or terminated.
Fail to respond to an email from YourValue regarding violation, dispute or complaint.
Penalties
Without limiting YourValue 's other remedies, We may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any services to you (a) if you breach any terms and conditions of this Use Agreement or the agreements incorporated herein by reference, including our written policies and procedures posted on the Site; (b) if We are unable to verify or authenticate any information you provide to us; or (c) if YourValue believes that your actions may cause legal liability for you, our users or for YourValue . Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use YourValue service under the same account, a different account or reregister under a new account. Violations of this Use Agreement will be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions, as defined below.
To the extent any User engages in actions or activities which circumvent the YourValue Site or otherwise reduces transaction fees owed YourValue under this Use Agreement, that User shall be liable to us for our full fees due for the project and any follow-up or additional work, as described under "Fees charged by YourValue ," below, and may be subject to additional sanctions, including immediate suspension or termination of YourValue membership at YourValue 's sole discretion. We expressly reserve the right to institute additional penalties and fees for repeated violations of the Use Agreement and/or our written policies and procedures posted on the Site.
Notices
YourValue will provide notices by posting them on the Site and you agree to check the Site for notices. You also authorize YourValue to send notices to you, at YourValue 's discretion, via email unless you otherwise indicate in writing to Customer Service. Regardless of whether YourValue sends an email notification, You will be considered to have received a notice when it is made available to you by posting on the Site.
Cancellation
To cancel your subscription, click on the ‘Remove listing’ link on ‘User login'; or, contact Customer Service of YourValue, or registered mail at:
YourValue (Aust) Pty Ltd
PO Box 2303
Richmond
3121
Cancellation is effective at the end of your present billing cycle. No refunds will be given.
Please include your full name, your YourValue username, phone number and address. Please detail the nature of your request and the type of subscription you wish to cancel (please specify Gold or Platinum). State the current term (Yearly) of the subscription you would like to cancel.
Your cancellation request will be effective within 3 business days of receipt. YourValue will send you an email confirmation once your subscription has been cancelled. You will not be liable for any additional subscription fees after your cancellation is effective. Please note that we will not be able to process cancellation requests unless all of the above information is provided.
Users should be aware that YourValue is not responsible for refunds due to lost mail or delays caused by postal mail.
Gold or Silver provider subscription fees, whether paid monthly or annually, are charged up-front and no refunds will be given upon cancellation. The cancellation of a subscription will go into effect at the end of your current billing cycle and no refunds of fees already paid for that cycle will be given. If YourValue does not receive a provider subscription payment on the billing cycle due date, YourValue will automatically cancel the subscription. Additional fees may apply if you decide to re-subscribe at a later date.
YourValue may cancel your membership if YourValue reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Use Agreement, or violated our rights or those of another party. YourValue reserves the right to terminate any user for any reason, at its sole discretion. YourValue will notify you if YourValue cancels your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, YourValue will notify you that your account will be cancelled if the law requires such notification. When your membership is cancelled, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids. The provisions entitled "Errors and Disclaimer of Warranties," "Indemnity," "Limitation of Liability," "Audit Provisions and Maintaining Records," "Reservation of Rights," and "General Provisions" will survive cancellation of your registration. If YourValue terminates this Use Agreement based upon your breach of any portion of the Use Agreement, YourValue reserves the right to refuse to provide registration and/or membership to you in the future.
Protection of Copyrights and Trademarks
The Site contains trademarks and other material furnished by YourValue , its licensors, and other users. You should assume that everything you see or read in publicly viewable areas of the Site that was not furnished or received by you (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Service Central or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect YourValue 's and its Licensor's trade secrets, You agree that you will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law. If you violate any of these terms, your permission to use the Site Content will automatically terminate; You must immediately destroy any copies you have made of the Site Content; and YourValue may revoke your authorization to use the Site.
Reproduction
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by YourValue. Service YourValue and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if YourValue believes that a User's conduct violates applicable law or is harmful to the interests of YourValue and its affiliates.
Intellectual Property Policy
YourValue respects the intellectual property of others and expects our account holders to do the same. At our discretion and in appropriate circumstances, YourValue may terminate the accounts of users who infringe upon the intellectual property rights of others.
Links
The Site may contain links to other web sites or resources. You acknowledge and agree that YourValue is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that YourValue endorses the linked site. You use the links at your own risk.
Limitation of Liability
Neither YourValue nor any other party involved in creating, producing, or delivering the site (including, but not limited to, third party applications and site content) shall be liable for any incidental, special, consequential or indirect damages resulting from your access to, or use of, or inability to use the site and the site content, whether based on warranty, contract, tort (including negligence) or any other legal action, and whether or not we know of the possibility of such damage.
YourValue is not responsible for any liability related to the completion, timeliness, adequacy, and/or payment for services listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate service provider.
If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, YourValue is not responsible for those costs.
Reservation of Rights; Limited Licenses
YourValue and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. User acknowledges that the YourValue logo and name are trademarks of YourValue, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners.
Except where expressly provided by YourValue , nothing in this Use Agreement shall be construed to confer any license under any of YourValue 's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.
Errors and Disclaimer of Warranties
YOU USE THE SITE AT YOUR RISK. We endeavour to provide a convenient and functional Site, but YourValue does not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. We urge you to keep backup copies of material you maintain on or use with the Site.
As mentioned above, YourValue reminds you to be careful in your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
YourValue MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES YourValue MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. YourValue MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM YourValue OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold harmless YourValue , its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against YourValue for unsatisfactory performance of services listed on the Site, or Your violation of this Use Agreement.
General Provisions
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to you and you may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of YourValue . Any attempt by you to assign, transfer or delegate this Use Agreement without the express written permission of YourValue shall be null and void. This Use Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any user and YourValue .
This use Agreement will be governed by the law of Victoria, Australia, without regard to its conflicts of law provisions. Any dispute related to this Use Agreement will be settled in a binding arbitration under the arbitration rules applying in the State of Victoria, Australia from time to time. Any dispute you may have with respect to this Site must be commenced within one year after it arises, or the cause of action is forever barred
The paragraph headings in this Use Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.
The Use Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between you and YourValue with respect to the use of the Site and supersedes all prior representations (if any) and agreements between the YourValue and you regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site.
We suggest that you print out a copy of this Use Agreement for your records.
Disclaimer
The information and options contained in this document have been obtained from sources Your Value believe to be reliable, but no representation or warranty, express or implied, is made that such information is accurate or complete and it should be not relied upon as such. Information and options contained in the report are published for the assistance of recipients, but are not relied upon as authoritative and may be subject to change without notice. Except to the extent that liability cannot be excluded. Your Value does not accept any liability for any direct or consequential loss arising from any use of material contained in this document.