Terms of Service
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AND SERVICES.
LISTMEE TERMS OF SERVICE
These Terms of Service (Terms) govern your use of our website located at www.listmee.co (the Site) and form a binding contractual agreement between you, the user of the Site, and us, Listmee Pty Ltd ABN 27 166 791 000 (Listmee). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site and the Services.
By completing the registration process and using the Services, or by viewing or browsing the Site, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.
You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered on the Site.
2. DIGITAL SIGNATURE
By completing the registration process, or by viewing or browsing the Site, you are deemed to have executed these Terms electronically, effective on the date you first registered your User account or upon accessing the Site. Doing so constitutes an acknowledgement and acceptance that you are able to electronically receive, download, and print this these Terms.
In these Terms:
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Listmee to you through the Site and Services;
Intellectual Property means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application;
Project means a request for service posted by a User on the Site using the Services;
Personal Information means all information provided by one party to the other in connection with these Terms where such information is identified as confidential at the time of its disclosure or ought to be reasonably considered confidential based on its content, nature or the manner of its disclosure, but excluding:
- information that enters the public domain or is disclosed to a party by a third party, other than through a breach of these Terms; and
- information developed independently by a party;
Services mean the online platform enabling Users to post Projects and respond to requests for Projects through the Site. This includes Services currently offered by Listmee and any Services or products that Listmee may choose to offer in the future;
Site means www.listmee.co;
User means a person who gains access to the Site and Services, whether as a registered User or as a casual website browser - for registered Users, you are acting in your capacity as service providers or contractors;
User Generated Content means any and all data, text, software, images, audio or video material posted by Users, incorporated either in User profiles or in Projects and descriptions posted by Users and other content in any medium produced and provided to the Site by a User;
You means you, the User; and
Us, We, Our means Listmee Pty Ltd ABN 27 166 791 000.
4. ACCESSING THE SITE
You acknowledge and agree that although Listmee will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. We will not be liable for any reason our Site is unavailable at any time or for any period. We may also restrict access to some parts of or the entire Site, from time to time.
All content and services provided on or through this site are provided "AS IS" and "AS AVAILABLE" basis for the User. The Content and Services are provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this site is solely at your risk.
We reserve the right to withdraw or amend the Services and Content, including User Generated Content provided by Users on the Site, without notice.
5. ACCOUNT, PASSWORD AND SECURITY
When you register to the Site for the Services, you are provided with a User account and password. You must treat such information as confidential and you must not disclose it to any third party. If you have reason to believe that your account or password has been obtained by someone else without your consent, you must inform us immediately to disable your account.
We will not be liable for any losses associated with your account being compromised and your Personal Information being made publicly available. You acknowledge and agree that all profiles are public and you are responsible for any information that you choose to display publicly through your profile. Only communications between Users are intended to be displayed privately between the Users involved.
We have the right to disable any account or password at any time if we consider that you have failed to comply with any of the provisions of these Terms.
By registering to the Site and Services, you agree that all information provided during the registration process is true and accurate and you will update this information regularly in order to keep it current, complete, and accurate.
6. CONSENT TO USE ELECTRONIC RECORDS
In connection with these Terms, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, we ask that you give us permission to provide these records to you electronically instead of in paper form.
By agreeing to these Terms, you consent to electronically receive and access, via email or the Site, all records and services provided to you under these Terms that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via post. Your consent to receive such records electronically will remain in effect until you withdraw it.
You may withdraw your consent to receive further records electronically at any time by contacting firstname.lastname@example.org. If you withdraw your consent to receive such records electronically, we will terminate your account and you will no longer be able to use the Services.
Any withdrawal of your consent to receive records electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records electronically will not apply to records electronically provided by Listmee to you before the withdrawal of your consent becomes effective.
To access and retain the records we provide electronically, you must have a valid email address, a computer system that operates on Windows, Mac or other OS, a connection to the Internet, current versions of the software, browsers, plug-ins, or other computer applications and programs, a current version of a program that accurately reads and displays PDF files, a computer or device and an operating system capable of supporting all of the above, and a printer to print out and retain records in paper form or electronic storage to retain records in an electronic form. By accepting these Terms, you warrant that you satisfy the minimum hardware and software requirements specified.
7. SCOPE OF THE SERVICES
You acknowledge and agree that Listmee only provides the online platform that allows Users to post and communicate their Projects to other Users on the Site and facilitate communications between the parties with a view for engagement. Listmee does not become a party to any posts, proposals, communications, screening selections, resulting contracts or transactions entered into by the Users, or performance under such resulting contracts or transactions.
You have sole control and risk over the quality, safety or legality of the User Generated Content posted by Users on the Site using the Services, the truth or accuracy of any of the User Generated Content, the ability of the Users to perform any of the services described in the User Generated Content or the ability of Users to make payments under any agreements. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A USER WILL COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING THE SITE AND SERVICES. You must undertake your own independent due diligence prior to contracting with other Users and ensure that you implement safety procedures whilst dealing with other Users.
Listmee is not required to and may not verify any User generated Content, nor does Listmee perform any background checks on Users.
8. RELATIONSHIP BETWEEN USERS
Once you enter into a transaction you understand that you are creating a legally binding contract with other Users, subject to applicable law. You are responsible for complying with any obligations to other Users, including any requirements for OHS and any applicable type of insurance and/or licences. Any breach of such a contract will give rise to a liability to/from the other Users. In the event that Users breach an obligation to you, you are responsible for enforcing any rights you may have. WE HAVE NO OBLIGATION TO ANY USER TO ASSIST OR INVOLVE OURSELVES IN ANY WAY IN ANY DISPUTE ARISING BETWEEN USERS.
You acknowledge and agree that you are aware of any laws applicable in the jurisdiction to them as a User and that you have sought or will seek appropriate legal advice in order to comply with any such laws.
9. RELATIONSHIP WITH LISTMEE
You acknowledge and agree that Listmee does not offer or provide any form of insurance or other User protection because the Site and Services only provide the online platform on which Projects are posted and communication between the parties are made.
In addition to the recognition that Listmee is not a party to any contract or transaction between Users, Users hereby release Listmee (and its affiliates, officers, directors, agents, subsidiaries, joint venturers, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute Users have with each other, whether it be at law or in equity. This includes, without limitation, any disputes regarding the performance, quality, functions, and quality of those services provided by Users and requests for refunds based on such disputes.
10. RESTRICTION ON COMMUNICATIONS
You acknowledge and agree that all communications between the parties regarding a Project must be made through the Site and Services.
If a Project includes instructions for direct contact, Users acknolwedge and agree that Listmee may remove such instructions prior to the Project being made available on the Site.
There is no registration fee for becoming a registered User of Listmee.
Users are not liable to pay a fee for posting and Projects.
Listmee reserves the right to amend this clause at any time, including imposing an additional fee for any extra features or benefits, on their sole discretion.
Users acknowledge and agree that payment methods may be agreed between parties to an agreement without any reference to Listmee.
Users agree that they bear all additional charges and liabilities arising from using their agreed payment methods. Users hold Listmee harmless from any costs and liabilities that may arise from any disputes relating to payment methods and arrangements between Users.
This disclaimer of liability applies to any damages, injury or death caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the Content, including User Generated Content, contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Site or the Services.
User Generated Content produced and provided on the Site by Users has not been individually authenticated and endorsed in whole or in part by Listmee. We are committed to respecting others’ Intellectual Property Rights, and we ask Users to do the same. We may, in our sole discretion, remove User Generated Content that may infringe or otherwise violate others’ Intellectual Property Rights.
14. PROHIBITED USE
You acknowledge and agree that you are responsible for your own conduct and User Generated Content while using the Site and for any consequences thereof. You agree to only use the Site only for purposes that are legal, proper, and in accordance with this Term and the documents referred to in it. Prohibited conduct and use includes, but is not limited to:
- defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights of others;
- uploading, posting, emailing or transmitting or otherwise making available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law and these Terms;
- impersonation of another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restricting or inhibiting any other User from using and enjoying the Services;
- using the Services for any illegal or unauthorized purpose;
- interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services;
- using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information or data contained within site about Users for any unauthorized purpose;
- creating User accounts by automated means or under false or fraudulent pretences;
- promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual; or
- transmitting any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
16. THIRD PARTY CONTENT
The Site contains a directory of Users as freelancers. The directory is populated with information from third party sources, from Users themselves, and from other users. Listmee provides this directory as a convenience and does not confirm or verify the information contained in it.
The Site makes available various services provided by third parties to verify a User’s credentials, provide testing services, or provide information. Such information does not cover any industry-specific or region-specific verification information or services. The User must obtain its own due diligence in dealing with other Users. Any information or content expressed or made available by these third parties or any other Users is that of the respective author(s) or distributor(s) and not of Listmee. Listmee neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than an authorised Listmee employee acting in their official capacity.
The Services may link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by Listmee. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those sites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We make no representation about any other website you access through this one. Please understand other websites are independent from our sites and so we do not accept responsibility for such websites.
17. LISTMEE INTELLECTUAL PROPERTY
Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you. You acknowledge and agree that, as between you and us, we own the Intellectual Property Rights, including any trademarks, in the Site and Services and excluding any User Generated Content posted or added by you.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
We own and retain all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property rights, excluding User Generated Content. You are permitted to use the Services only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, play, and download Content or User Generated Content subject to these Terms.
If you breach these Terms, your right to use the Site and Services will cease immediately and you must, at our option, return or destroy any copies you have made.
Unless expressly stated, all persons, third party trademarks and images of third party products, services or locations on the Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection. Where a trademark or brand name is used, it is solely used to describe or identify products.
18. USER GENERATED CONTENT
You must not add any User Generated Content to the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that is unsolicited, undisclosed or unauthorized advertising;
- that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- that would bring us, or the Site, into disrepute; or
- that infringes the Intellectual Property or other rights of any person.
You agree to keep all records necessary to establish that your User Generated Content does not violate any of the requirements under clause 14.1 and make such records available upon our reasonable request.
You retain ownership of your Intellectual Property and proprietary rights in any User Generated Content. These Terms do not prevent you front granting non-exclusive rights to use your User Generated Content to others.
You also grant to Listmee, its successors and affiliates, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Generated Content and your name, voice, or likeness hereafter developed, for use in connection with the Site and Services, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats through any media channels.
You also grant each User a non-exclusive licence to access your User Generated Content through the Site, and to use, reproduce, distribute, display, and perform such User Generated Content, only to the extent permitted through the normal functionality of the Site and subject to all confidentiality and other provisions of these Terms.
The above licences under clause 14.4 and 14.5 granted by Users will terminate within a commercially reasonable time after the User removes or deletes the User Generated Content from the Site, except that the User grants Listmee, its successors and affiliates, the irrevocable and perpetual licence to retain and use (but not publicly display) distribute, or perform, server, or archive copies of all User Generated Content that you have removed or deleted to the extent permitted by applicable law.
We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site or using the Services. We reserve the right to modify or remove any User Generated Content at any time.
You hereby grant Listmee a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to User Generated Content worldwide or to incorporate User Generated Content in other works in any media now known or later developed for the full term of rights that may exist in User Generated Content.
Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Listmee.
19. LIMITATION OF LIABILITY AND INDEMNITY
You agree that we shall not be liable for any damages suffered as a result of using the Services, copying, distributing, or downloading Content from the Site.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
We do not endorse the contents of any User Generated Content and expressly disclaim any and all liability in connection with them. We do not pre-screen or monitor User Generated Content. In no event shall we be liable for any claims by a User or any third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to, any misleading or deceptive statements and/or misrepresentations incorporated into any User Generated Content. It is the User’s sole responsibility to ensure the accuracy of the data inputted into User Generated Content.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against Listmee for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services. You must not assign or otherwise dispose of your User account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us or $100.00, whichever is the lesser.
As a condition of your access to and use of the Site, you agree to defend, hold harmless, and indemnify Listmee and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
- your access to and use of the Site and Services, including any payment obligations incurred through the use the Services; or
- your breach of these Terms and any applicable law or the rights of another person or party;
- any breach of contract or other claims made by Users with which you conducted business with through the Services; or
- any liability arising from the tax treatment of payments or any portion thereof.
This indemnification section survives the expiration of your subscription term, and applies to claims arising both before and after the subscription term.
In addition to the recognition that Listmee is not a party to any contract between Users, you hereby release Listmee and its affiliates, officers, directors, agents, subsidiaries, joint venturers, and employees from claims, demands, and damages whether actual or consequential of every kind and nature, known or unknown, arising out of or in connection with any dispute you have with another User, whether it be at law or in equity. This includes, for example and without limitation, any disputes regarding performance, quality, functions, and quality of the services provided by a User and requests for refunds based upon such disputes.
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site and Services, and/or your registration, or suspend or block your access to the Site and Services.
We may terminate or suspend your access to the Site if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost.
We may also suspend or terminate your User access and refuse to provide any Services to you if you breach these Terms, we suspect or become aware that you have provided false or misleading information to us, we believe in our sole discretion that your actions may cause legal liability for you, Users or Listmee, may be contrary to the interests of the Site or the User community, or may involve illicit activity. Once your account is suspended or terminated, you must not continue to use the Site under the same account or a different account or reregister under a new account without Listmee’s prior written consent.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
When your account is terminated for any reason, you will no longer have access to data, messages, files and other material you keep on the Site. If practicable, Listmee will retain this information along with your previous posts for a period of one (1) year from the date of termination, to give you ample time to institute an appeal of our decision. If you successfully appeal our decision, we may give you access back to your account. However, if you fail to do so, Listmee may delete your information including data, messages, files and other material you keep on the Site.
Violations of these Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
By using the Site, you accept and consent that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped and placed in the post; and
- For emails, the email was sent to the specified email address.
23. NO WAIVER
If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
If we waive a default, it does not constitute a waiver of any subsequent defaults.
No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 17.
24. FORCE MAJEURE
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- Acts of god;
- Natural disasters;
- Shortage of supplies, equipment, and materials;
- Strikes and lockouts;
- Civil unrest;
- Computer hacking; or
- Malicious damage.
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
26. ENTIRE AGREEMENT
These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and Listmee, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
27. GOVERNING LAW
These Terms are governed by the laws of the State of Queensland, Australia and each party submits to the jurisdiction of the courts of the State of Queensland, Australia.
28. UPDATES TO THESE TERMS
We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.
We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site and Services. Your continued use of the Site and Services will be deemed as your acceptance thereof.
We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.
Terms last updated on: 18 June 2014