1STOP Terms and Conditions 1STOP Blogs
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1STOP WA - TERMS AND CONDITIONS
TABLE OF CONTENTS
1. IMPORTANT INFORMATION 1
2. MODIFICATIONS AND NEW TERMS AND CONDITIONS 1
3. DEFINITIONS 1
4. COPYRIGHT AND TRADEMARKS OF 1STOP 2
5. COPYRIGHT AND TRADEMARKS OF THIRD PARTIES 2
6. INFORMATION FOR PERSONAL, NON-COMMERCIAL USE ONLY 2
7. INFORMATION DOES NOT REPRESENT PROFESSIONAL ADVICE 3
8. DISCLAIMER OF WARRANTIES 3
9. t;/span>DISCLAIMER OF LIABILITES 3
10. NO GUARANTEES OR ENDORSEMENTS 3
11. NO THIRD PARTY ENDORSEMENTS OR LIABILITY 4
12. NO GUARANTEES AS TO THE SERVICE 4
13. ACCURACY OF INFORMATION 4
14. ONLINE CONDUCT 4
15. OUR RIGHTS TO USE INFORMATION YOU SEND US 5
16. NO GUARANTEE AS TO SECURITY OF YOUR INFORMATION 5
17. YOUR RESPONSIBILITY FOR YOUR PASSWORD AND LOGIN 6
18. ADVERTISING TERMS AND CONDITIONS 6
19. PRIVACY POLICY 8
20. GENERAL PROVISIONS 10
1. IMPORTANT INFORMATION
This Site is operated by 1Stop Pty Ltd (1STOP). Please read this agreement carefully before accessing or using the information and services available through 1STOP.com.au website and associated 1STOP websites (“Site”). By accessing or using the Site, you agree to be bound by these Terms of Use together with any additional terms, conditions, notices and disclaimers (“Additional Conditions) contained elsewhere on the Site.
These Terms of Use are to be read in conjunction with the 1STOP Privacy Policy for Users of the Site included below. The Advertising Policy terms & conditions must be accepted and adhered to by Advertisers who use 1STOP’s services and the Site.
Accessing the Site constitutes an affirmative, unconditional agreement by you that you accept and agree to abide and be bound by these Terms and Conditions and any Additional Conditions contained on the Site
2. MODIFICATIONS AND NEW TERMS AND CONDITIONS
1STOP may modify this agreement at any time without notice to you, and such modifications shall be effective immediately. The most current version of the Terms and Conditions can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.
Throughout 1STOP you are provided with a variety of resources including, amongst others, directories, download areas, communication forums and product information including the ‘1STOP Specials’ online shopping vouchers (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms and Conditions. The Terms and Conditions govern your use of 1STOP and any related or future related Sites. From time to time, 1STOP may run competitions, prize draws and promotions on 1STOP. These will be subject to additional terms and conditions, which will be made known to you at the time.
Should you object to any of the Terms and Conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the Site.
3. DEFINITIONS
In these Terms of Use unless the context indicates a contrary intention:
“Advertisers” means all Persons who use the Site to advertise, promote, highlight or offer any goods or services
“Advertisements” on the Site include but are not limited to InfoLink webpage directory listings, 1STOP Specials online voucher offers, banner advertisements, sponsorships, spotlight advertisements and any combined online and offline offers identified as “advertisements”
“Licensor” means McQuillans Pty Limited ACN 099 269 039 of 624 Murray Street, Perth, Western Australia
“Links” refers to hyperlinks and pointers to sites operated by third parties.
“Persons” includes actual person, corporate entity, trust or business of any kind whatsoever
“Terms and Conditions” refers to the Terms of Use, Advertising Policy and the Privacy Policy
“User” means both those persons who visit the Site on a one-off basis and those persons who use the Site on a regular basis, members, advertisers etc
For the purposes of this agreement the words “1STOP”, “We”, “Our” and “Us” refer to 1STOP Pty Ltd ACN 114 022 810
“Site” to materials delivered on www.1STOP.com.au and other co-branded versions of the Site
4. COPYRIGHT AND TRADEMARKS OF 1STOP
The 1STOP internet domain name and logo is licensed to 1 Stop WA Pty Ltd or its related bodies corporate from the Licensor. Copyright in the material and trademarks on this Site and the compilation of all content on the Site and all software used on the Site, unless otherwise stated, is the property of the Licensor and is subject to all relevant Copyright and Trademark laws. You agree not to infringe any intellectual property rights owned by 1STOP or the Licensor.
5. COPYRIGHT AND TRADEMARKS OF THIRD PARTIES
Other trademarks and material may be displayed on the Site belonging to third parties. Copyright rests with the third party and is subject to all relevant Copyright and Trademark laws. Nothing displayed on the Site should be construed as 1STOP granting any licence or right of use of any logo, masthead or trade mark displayed on the Site without the express written permission of the relevant owner.
6. INFORMATION FOR PERSONAL, NON-COMMERCIAL USE ONLY
You acknowledge and agree that the information published by 1STOP on the Site provides general information only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details) for unsolicited commercial correspondence. You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by the Terms and Conditions.
7. INFORMATION DOES NOT REPRESENT PROFESSIONAL ADVICE
You acknowledge and agree that the information published by 1STOP on the Site provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions or taking any action as a result of those decisions.
8. DISCLAIMER OF WARRANTIES
The Site is provided on an “as is”, “as available” basis without warranties of any kind, express or implied. No information provided shall create a warranty; nor shall members or visitors to the Site rely on any such information or advice. This publication is not intended to be a contract, explicit or implied, and 1STOP reserves the right to make changes in the information contained. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of Use” hypertext link located at the bottom of our web pages.
9. DISCLAIMER OF LIABILITES
The User assumes all responsibility and risk for the use of the Site and any Links on the Site. We accept no liability or responsibility to any person as a consequence of any reliance upon the information contained in the Site. Under no circumstances, including negligence, shall anyone involved in creating or maintaining the Site be liable for any direct, indirect, incidental, special or consequential damages, or loss of profits that result from the use or inability to use the Site and/or any other websites which are linked to the Site. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the Site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorised access.
10. NO GUARANTEES OR ENDORSEMENTS
1STOP does not endorse guarantee warrant or represent any services or products offered by a business or organisation advertising through the Site nor does 1STOP have any responsibility or liability for the quality or performance of any product or service offered through this Site or that the listed businesses offering products or services are or remain in business and cannot guarantee that the Advertiser will accept the offers listed on the Site. The purchase of any goods or services by Users of this Site from any of the offers for products and services listed on this Site is a transaction solely between the User and the business or organisation advertising that offer and any disputes arising from such transactions are to be resolved between the User and the Advertiser. 1STOP is not a party to any transactions between the User and the Advertiser including payment for or delivery of any goods or services and is not acting as an agent for the User the Advertiser or any other party
11. NO THIRD PARTY ENDORSEMENTS OR LIABILITY
Links will appear on this Site from time to time. These Links do not form part of this Site 1STOP is not responsible for the information, advertising, products, resources or other material, of any Links on the Site and in no event shall 1STOP be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the Links or the information, advertising, products, resources or material accessed through these Links.
If you enter a third party website via one of these Link s you leave the Site and do so entirely at your own risk.
If you contact a third party using functionality provided on this Site, including via e-mail, 1STOP accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party. 1STOP reserves the right to terminate any link or linking program at any time.
12. NO GUARANTEES AS TO THE SERVICE
1STOP provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected.
13. ACCURACY OF INFORMATION
1STOP does not warrant or represent and cannot guarantee that that the information on this Site is current , accurate and free from omissions or errors, including but not limited to business names, addresses, telephone or fax numbers, email addresses, website addresses, or business descriptions, at the time of your access. The directories contain listings of certain businesses and organisations but do not contain all of these businesses or organisations details. 1STOP does not warrant or represent that the listed business or organisation will answer phone calls, faxes, emails or that their websites are operational or that they remain in business or in operation. 1STOP takes no responsibility for matters arising from changes to circumstances or other information or material which may affect accuracy or currency of information on this Site.
14. ONLINE CONDUCT
This applies to all Users of the Site. You agree that it is a condition on your use of the 1STOP community notice boards and event listings and of any other services provided by 1STOP or through this Site that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions You agree to abide by all applicable laws and regulations. In particular, you agree not to:
1. Use this Site to defame, abuse, harass, stalk, threaten or otherwise offend others;
2. Publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
3. Publish any material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity,
4. Publish direct threats of violence against any person or group of people
5. Use any automated scripting tools or software;
6. Engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming
7. Impersonate any person or entity;
8. Upload, post, e-mail, transmit or otherwise make available using 1STOP any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
9. Publish any private and confidential information, including but not limited to credit card numbers, Social Security Numbers, and driver’s and others licenses
10. Use this Site for spamming or transmitting malware viruses
11. Either through any act (including but not limited to listing an event on the Site) or omission mislead or deceive others.
1STOP has no obligation to monitor any User’s use of this Site, however 1STOP retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Furthermore it is 1STOP’S policy to respond to clear notices of alleged copyright infringement. More information about our copyright procedures can be found here (link)
1STOP has the right, but not the obligation, to monitor any transmission made to and for this website. 1STOP may reproduce, use, distribute or disclose information transmitted to this site or collected through the use of this website. You acknowledge that such information shall be deemed to be non-confidential and that your communication may be read or intercepted by others.
15. OUR RIGHTS TO USE INFORMATION YOU SEND US
1STOP is always pleased to receive your comments and suggestions about 1STOP products, this Site, and other services we provide. However, any information you provide through this Site or in response to any content on this Site (such as comments, suggestions, ideas, notes, drawings, concepts or other materials- ’submissions’) will be considered non-proprietary, non-confidential, and 1STOP ’s property, unless otherwise agreed in writing with 1STOP prior to you submitting the information. In the absence of such written agreement prior to the submission of the information, 1STOP and its designees may use any submissions without restriction, and are granted without limitation, the worldwide, perpetual, royalty-free, irrevocable right to reproduce, modify, edit, publish, make derivative works from and sell and distribute such submissions in any and all forms and media, now or hereafter discovered, and for 1STOP to license others to do the same. If we receive a submission that contains personally identifying information about the provider, such as their name, address and telephone number, our Privacy Policy will govern how we’ll use or disclose this information.
16. NO GUARANTEE AS TO SECURITY OF YOUR INFORMATION
1STOP does not warrant that any information, software or other material accessible through this Site is free of viruses, worms, trojan horses or other harmful components.
While 1STOP takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on 1STOP systems or on this Site. 1STOP disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
17. YOUR RESPONSIBILITY FOR YOUR PASSWORD AND LOGIN
To become a registered User, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password or login at any time by following instructions; you may also delete services attached to your registration at your convenience. You agree to immediately notify 1STOP of any unauthorized use of your login name or any other breach of security known to you.
18. ADVERTISING TERMS AND CONDITIONS
In addition to the Terms and Conditions those Advertisers on www.1STOP.com.au website and associated 1STOP websites (“Site”) identified as “Advertisers” agree to be bound by the following terms and conditions.
1. Intellectual Property Rights: Advertisers agree that 1STOP retains all intellectual property rights contained in any of the goods and services provided to you by 1STOP.
2. Use of 1STOP Property: Advertisers agree at all times to deal with any information or products provided by 1STOP or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
3. Content: Advertisers must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances or codes of conduct, including but not limited to the Trade Practices Act 1974 (C’th), the Fair Trading Acts in all applicable States and Territories and the relevant Estate Agents Acts in all applicable States and Territories. 1STOP will not accept advertisements that appear to be contrary to law. 1Stop reserves the right to withdraw without notice to the Advertiser any advertisement that is or appears to 1STOP to be contrary to law or for any other reason deemed reasonable by 1Stop
4. Advertisements Subject to Change: 1STOP reserves the right to re-classify advertisements posted to the Site, including but not limited to the withdrawal of advertisements from one category of its Site to another category on its Site without prior notification to the Advertiser and the Advertiser authorises 1STOP to use, copy and modify any information provided by the Advertiser to 1STOP (including Confidential Information) for the Purpose.
5. Indemnity: Advertisers agree to keep 1STOP, its officers, employees and agents fully indemnified against any actual or contingent costs, expenses, charges, damages or liabilities incurred in relation to any actions or claims brought by any person or entity against 1STOP as a result of an actual or alleged breach by an Advertiser of any law, regulation, by-law, ordinance or code of conduct or such other actions or claims brought as a consequence of their advertisement or any link to a third party referred to on their advertisement appearing on the Site.
6. No Liability: 1STOP is not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in listing an advertisement. 1STOP agrees to use reasonable efforts to publish advertisements in the shortest possible time. Advertisements requiring 1STOP to prepare the advertisement including gathering details and content from the Advertiser will be published within 10 working days of the complete details being received.
7. No Warranty: 1STOP provides no warranty to Advertisers that services generally available through the Site will be uninterrupted or error free. 1STOP agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to its Site will be remedied as quickly as possible.
8. Security: 1STOP cannot and does not guarantee or warrant to the Advertiser that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
9. Accuracy: 1STOP makes every effort to avoid errors in advertisements it has agreed to post to the Site. However, 1STOP accepts no responsibility or liability for any errors and requires that Advertisers check their advertisements for errors as soon as they are placed on the Site(s). All reasonable efforts will be undertaken by 1STOP to edit errors brought to 1STOP’s attention as soon as reasonably possible.
10. Data Checking: Advertisers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
11 Payment: All amounts owing to 1Stop Pty Ltd ACN 114 022 810 (”1STOP”) by Advertisers must be paid within 14 days of the date of invoice notwithstanding any errors or omissions in any advertisement placed on the 1STOP Site. 1STOP may charge Advertisers interest on late payment at the rate of 12.5% per annum.
12 Overdue Payments: Advertisers agree that pursuant to Section 18K(1)(h) of the Privacy Act 1988, 1STOP may obtain a consumer credit report about the Advertiser from a credit reporting agency for the purposes of collecting overdue payments relating to commercial credit owed by the Advertiser.
13. Credit information: Advertisers agree that pursuant to Sections 18K(1)(b) and 18N(1)(b) of the Privacy Act 1988, 1STOP may, for the purposes of assessing an Advertiser’s commercial credit application, obtain from either a credit reporting agency or other credit providers, personal credit information about the Advertiser and/or its directors.
14. Cancellation: Advertisers may cancel their order for advertising products with 1STOP by notifying 1STOP in writing. Where the Advertiser cancels the advertisement after it is published online they will not be entitled to a refund of any monies. If your order is cancelled before 1STOP starts to create the advertisement, or has begun uploading any images or text the Advertiser will be entitled to a refund of all monies except a $1500 (including GST) administration fee.
15. Assignment: Advertisers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without 1STOP’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
19. PRIVACY POLICY
1STOP is committed to providing you with the highest levels of customer service. This includes protecting your privacy. We are bound by new sections of the Commonwealth Privacy Act 1988, which set out a number of principles concerning the protection of your personal information. This privacy policy applies to the Australian operations of all brands and services offered by 1STOP.
19.1 Overall privacy statement
1STOP takes your privacy seriously. Because we gather certain types of information about our Users we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it. These privacy practices apply to the Website that you were viewing when you clicked through to this policy, which is operated by 1STOP, its partner or affiliate.
19.2 How we collect personal information
1STOP collects personal information in a number of ways, including:
(a) directly from you, such as when you enter your personal details on our website (eg during registration or application for products and services), to enable login and password verification and when you provide information by phone or in documents such as an application form;
(b) from third parties such as our related companies, credit reporting agencies or your representatives;
(c) from publicly available sources of information.
(d) How we use your personal information
(e) Your personal information may be used to:
(f) identify you and to assist you to subscribe to our website services more easily;
(g) provide the services you require;
(h) administer and manage those services, including charging, billing and collecting debts;
(i) gain an understanding of your information and communication needs in order for us to provide you with better, more personalised services that are tailored to your needs;
(j) inform you of ways the services provided to you could be improved;
(k) conduct appropriate checks for credit-worthiness and for fraud;
(l) research and develop our services.
19.3 Personal information collected
The type of personal information we collect relate to registration on and such information may include your name, current address, telephone/mobile phone number, email address.
If you choose not to provide personal information, we may not be able to provide you with the services you require, or the level of service on which we pride ourselves.
19.4 Other information
Our websites record other information as well. This information is used to improve the structure and performance of those sites to provide Users with an improved service. Whenever a page is requested from our web server, we record the time, date and URL of the request, along with information on the browser software that is being used.
1STOP Pty Ltd gathers usage information from our websites and other websites. This is aggregated for reporting purposes. This data is gathered by us to examine Internet trends and demographics and to assist in improving the structure and ease of use of our websites.
19.5 When we disclose your personal information
For the purposes set out above (under “How we use your personal information”) we may disclose your personal information to organisations outside 1STOP. Where appropriate, these disclosures are subject to privacy and confidentiality protections. The organisations to which we usually disclose information include:
(a) outsourced service providers who manage the services we provide to you, including:
(b) customer enquiries;
(c) mailing systems;
(d) billing and debt-recovery functions;
(e) information technology services;
(f) installation, maintenance and repair services;
(g) marketing, telemarketing and door-knocking services;
(h) market research;
(i) your representatives (eg your authorised representatives or legal advisers);
(j) credit-reporting and fraud-checking agencies;
(k) credit providers for credit related purposes such as creditworthiness, credit rating,
(l) credit provision and financing;
(m) our professional advisers, including our accountants, auditors and lawyers;
(n) government and regulatory authorities and other organisations, as required or authorised by law;
(o) organisations involved in:
(p) a transfer/sale of all or part of our assets or business (including accounts and trade receivables); and
(q) managing our corporate risk and funding functions (eg securitisation);
(r) other telecommunication and information service providers; and
(s) our related companies.
19.6 Disclosure to Local Councils
Information listed on our websites may be disclosed to Local Government Authorities for marketing and research purposes.
19.7 Security of your information
We take reasonable steps to ensure that your personal information is stored securely. While 1STOP takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on 1STOP systems or on 1STOP’s Site. 1STOP disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
19.8 Children’s privacy
Children’s privacy is very important to us. We ask that children under the age of 18 have a parent or guardian verify their membership application with 1STOP. While 1STOP will make every reasonable effort to ensure that children’s privacy and other rights are not compromised, it is ultimately the responsibility of parents to monitor their children’s Internet usage.
19.9 How to contact us
If you have any questions in relation to privacy, please contact us on 1300 782 787 between 9.00 am and 5.00 pm, Monday to Friday Western Standard time or email info@1stop.com.au or write to our The Manager, PO Box 993 Subiaco Western Australia 6904.
20. GENERAL PROVISIONS
1STOP and its related bodies corporate do not exclude any rights and remedies available to you under the Trade Practices Act (Cwlth) or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise 1STOP and its related bodies corporate exclude all conditions and warranties that may be implied by law. You expressly agree and understand that in no circumstances will 1STOP or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by 1STOP or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access the 1STOP website or any material on the 1STOP website ; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on the 1STOP website . Excluding liability for negligence the maximum liability of 1STOP and its related bodies corporate is equivalent to the total of any amounts you have paid to 1STOP and its related bodies corporate in respect of goods or services supplied to you by 1STOP or its related bodies corporate through the 1STOP website.
These conditions and all other specific and additional terms which govern your use or membership of and access to the 1STOP website will be governed by and construed in accordance with the laws of the State of Western Australia, Australia.
If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
