Neo Phoenix Pty Ltd ('we, 'us' 'our') operates an online directory listing for Australian businesses ("National Directory", 'Directory') at http://www.nationaldirectory.com.au (the 'Website').The following Terms and Conditions govern the use of the National Directory website located at URL www.nationaldirectory.com.au. All website users agree to be bound by these terms and conditions.The website is designed to provide a source of comprehensive and relevant information for Australian consumers and businesses.
The following terms and conditions outline important things that you should know before using or accessing the website. Some uses of this site, including the purchase of products or services provided by or through this website may be subject to additional terms displayed on the relevant pages of this website or as outlined in other documents or sources.
We are continuously seeking ways of improving National Directory and the services available to users and businesses alike. If you have any comments or suggestions relating to your use of www.nationaldirectory.com.au please send an email to firstname.lastname@example.org
The website www.nationaldirectory.com.au is owned, operated and made available by Neo Phoenix Pty Ltd.
Trademarks"National Directory" is a service mark of Neo Phoenix Pty Ltd.All other trademarks, product names or logos cited anywhere on www.nationaldirectory.com.au are the property of their respective owners.Permitted UsesSave as provided below, no materials from www.nationaldirectory.com.au may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.Subject to applicable third-party content-providers' licenses, you may electronically copy and print in hard copy, portions of www.nationaldirectory.com.au for your personal use only.You are not permitted to sell or trade in material so copied or to use such information for the formation of another Online or Offline Business Directory. Any other use, modification, distribution or republication without the prior written consent of Neo Phoenix Pty Ltd is similarly strictly prohibited.
No LicenseExcept as expressly provided, nothing contained in these terms and conditions or anywhere on www.nationaldirectory.com.au shall be construed as conferring any license under any of Neo Phoenix Pty Ltd or any third party’s intellectual property rights.The website located at url www.nationaldirectory.com.au and all its pages are provided by Neo Phoenix Pty Ltd on an "as is" and "as and when available" basis to users. You use www.nationaldirectory.com.au at your own risk.Neo Phoenix Pty Ltd and its associated content-provider organisations make considerable efforts to ensure the information made available via www.nationaldirectory.com.au is as accurate as possible, but no warranty or fitness is implied.Neither Neo Phoenix Pty Ltd nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
Including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
Disclaimer of LiabilityNo oral advice or written information given by Neo Phoenix Pty Ltd or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.Nothing in these pages shall be taken to constitute business, legal or other professional advice and is provided for your information only. Always consult a suitably qualified consultant on any specific problem or matter. Neo Phoenix Pty Ltd assumes no responsibility for information contained on this site and disclaims all liability in respect of such information.Any information included in articles or other material published on the site represents the views of the authors only and should not be taken to constitute any opinions of the Neo Phoenix Pty Ltd.In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.Neo Phoenix Pty Ltd is not an agent for and does not vouch for those persons, companies and other organisations whose goods or services may be displayed or referred to in www.nationaldirectory.com.au, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations.Neo Phoenix Pty Ltd advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in www.nationaldirectory.com.au.The Website may make available certain information provided by third parties. Neo Phoenix Pty Ltd recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional.The Website may make available certain financial information provided by third parties, including information regarding industries, companies, stocks, investments and securities. Such investment information is for information purposes only and you should not construe it as investment advice or use it for trading or investing purposes. Financial investments bear varying degrees of risk. Neo Phoenix Pty Ltd strongly discourages you from making any investment decision based upon information that you cannot confirm and strongly recommends that you seek advice from a qualified financial advisor before you make any financial investment.Limitation of LiabilityUnder no circumstances will Neo Phoenix Pty Ltd or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of www.nationaldirectory.com.au be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
Neo Phoenix Pty Ltd is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using Neo Phoenix Pty Ltd is done at your own risk and Neo Phoenix Pty Ltd shall not be responsible or liable for any damages or injury that may result from transmitting such information.If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
Advertising, links to third party websites and e-commerce offersThe www.nationaldirectory.com.au website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Neo Phoenix Pty Ltd is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Neo Phoenix Pty Ltd provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Neo Phoenix Pty Ltd or its affiliates. You link to any such website entirely at your own risk.The Website also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Neo Phoenix Pty Ltd or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Neo Phoenix Pty Ltd, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.The product prices listed in the Website are the responsibility of the relevant retailer and are accurate at the time the retailer notifies Neo Phoenix Pty Ltd. They are subject to change without notice by the retailer. Neo Phoenix Pty Ltd is not liable for the prices or price changes, including where price changes have not been reflected on the Website.
MiscellaneousThese terms and conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Neo Phoenix Pty Ltd with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
Jurisdiction & Governing LawThese conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.Neo Phoenix Pty Ltd controls www.nationaldirectory.com.au from within the country of Australia. It can, however, be accessed from other places around the world. Although these places may have different laws from those of Australia, by accessing www.nationaldirectory.com.au you agree that the laws of Australia, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of www.nationaldirectory.com.au. You and Neo Phoenix Pty Ltd also agree to submit to the non-exclusive jurisdiction of the Victorian courts, with respect to such matters. Users of www.nationaldirectory.com.au accessing it from places outside of Australia acknowledge that they do so voluntarily and are responsible for complying with local laws.
Disclaimer and limitation of liabilityThe Trade Practices Act and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Neo Phoenix Pty Ltd of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights").Neo Phoenix Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.Except as provided for by the Non-excludable Rights:a) all Content is provided "as is" and without warranties of any kind, either express or implied,b) Neo Phoenix Pty Ltd and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,c) Neo Phoenix Pty Ltd does not warrant that the functions contained in any Content or any Communications Facility or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components,d) Neo Phoenix Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, ande) you (and not Neo Phoenix Pty Ltd) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.Under no circumstances (including but not limited to any act or omission on the part of Neo Phoenix Pty Ltd ) will Neo Phoenix Pty Ltd or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website or any Content.You expressly acknowledge and agree that Neo Phoenix Pty Ltd does not exert control over users of the website (including individuals referred to as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.To the fullest extent permitted by law, Neo Phoenix Pty Ltd 's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Neo Phoenix Pty Ltd to the following:in the case of services supplied or offered by Neo Phoenix Pty Ltd, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Neo Phoenix Pty Ltd, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods,(e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
Use of Forums, Bulletin Boards or Chat RoomsThe website www.nationaldirectory.com.au may contain forums, electronic bulletin boards, chat rooms and other communication facilities which provide for communication between business advertisers and users, real-time interaction between users and other electronic messaging and notice services ("Communication Facilitators").It is a condition of your use of any Communication Facilitator that you do not do any of the following: