This website (Site) is operated by Search Commercial Pty Ltd ACN 621 720 858 (we, our or us). It is available at: www.searchcommercial.com.au and may be available through other addresses or channels, including www.searchcomm.com.In using the Site, you agree to be bound by these Terms. If you do not accept these Terms, please discontinue using the Site and the products and services provided by us.
Subscription Services: Through the Site, and to access the products and services, you may:
Upon becoming a subscriber, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on the Site which occur under your login and password. You indemnify us for any losses, costs, expenses or damages incurred if any of the information provided by you is incorrect.
You will be able to access and modify your subscription details from the Site.
Subscriptions are non-transferrable. We may terminate your subscription at any time by notice to You. You may terminate your subscription within at least 24 hours before the date when your next payment is due (written notice via email is not sufficient).
Billing Cycle: Your subscription is purchased on a recurring monthly basis for the price described on the Site. This price may be amended from time to time by us, however you will be notified. You authorise us to collect/deduct payment immediately upon signup and thereafter on an automatic monthly, or where relevant, annual basis.
Where a subscriber terminates their subscription, they will continue to have access to the products and services until the end of their billing cycle. If payment fails on the monthly (or annual) billing date, payment will be put through on the evening following the monthly (or annual) billing date, and if payment fails on the second attempt, payment will be put through on the second evening following the monthly (or annual) billing date, and if payment fails on the third attempt, subscription will be cancelled (but all outstanding amounts will continue to be owed).
The recurring payment is not a contract. Subscribers can cancel the recurring payment by cancelling their subscription before the date when their next payment is due. Unless you cancel your subscription at least 24 hours before your monthly (or annual) billing date, you authorise us to charge your next month’s (or annual) subscription fee to your chosen payment method.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice and may be sourced from third party providers. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate, incomplete or out-of-date.
Licence to use our Site: We grant you a non-exclusive, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
SEARCHCOMM® is a registered trademark of Search Commercial Pty Ltd 2020.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Refund: Search Commercial will generally provide you with a refund only where a fault in its systems has resulted in you receiving an incomplete or incorrect product. You can request a return for up to 5 days from the date you purchased it. If you provide incorrect details or simply order a product that you did not require, no refund will be available.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions or notices, please contact our Privacy Officer at:
Last update: 30 June 2020