FINDSOLVE TERMS OF USE

"We", "Our" and "Us" refers to Findsolve Pty Ltd ACN 137 118 819.

"You" and "Your" refers to you as the user of the website we operate at the domain name www.findsolve.com (the Website).

Your use of:

the information, material and Services available on the Website is governed by Our Privacy Policy and these Terms of Use; and
the Website indicates your acceptance of these Terms of Use.

In addition, certain sections of the Website contain specific terms or disclaimers which are part of these Terms of Use. You should review those specific terms where they are used.

DEFINITIONS

Content includes, but is not limited to information, text, graphics, photographs, video, messages and other material available via the Website and the Services

Postings includes, but is not limited to solution entries, customer references, contribution entries, comments and other material posted via the Website and the Services

"Services" means the services made available to users from this Website as further described below

Findsolve Account refers to the account you establish with us through this Website.

DESCRIPTION OF SERVICES

Findsolve is an online solution resource that allows;:

Solution Search - users to search a database of real-world actually implemented solutions

Solution Validation – users to critique Solutions and Solution Providers

Solution Communication – users to communicate with Solution Providers indirectly and with each other

Solution Submission - Solution Providers to submit and explain the solution they actually implemented at a client website.

Solution Feedback - customers of Solution Providers to provide a controlled "frank & fearless" assessment of the solution implemented at their business.

Voting & Ranking - users to vote for the most remarkable solutions.

ACCURACY OF INFORMATION

Although We make all reasonable attempts to ensure the accuracy of information supplied on the Website, We do not accept any responsibility or liability for any failures or inaccuracies.

Specifically, subject to any legal responsibilities which cannot be excluded, We make no warranty or representation regarding the quality, accuracy, merchantability or fitness for purpose of the material or services We provide on the Website, or that access to the Website will be uninterrupted.

We do not endorse or recommend any specific third party services or products referred to or mentioned on the Website.

You may use the Website and/or Services only for legal and appropriate uses. Your access to the Website and/or Services is completely at the discretion of Us and the Website and/or Services may be blocked, suspended or terminated at any time without reason or notice.

We do not perform a monitor or editorial role in relation to Postings. We reserve the right to review, delete, edit or reject or remove Postings (at our discretion) at any time without reason or notice.

We provide access to the Website and/or Services for general information purposes only and the Website and/or Services should not be construed as providing professional advice. Some of the Postings shared through use of the Website and/or Services may offer information relating to professional topics, such as medical, legal or financial services. You should seek independent professional advice before acting upon any opinion, advice, material or information contained in or provided via the Website and/or Service.

You may not submit queries to theWebsite or use any of the Services using automated means without the expressed written consent of Findsolve
You may not disrupt the operation of the Website or the Services or intimidate, harass, offend or deliberately offend anyone
You may not use the Website or the Services for commercial purposes
You may not interfere or attempt to interfere with the Website or the Services by the use of any program, files or processes that might interfere or pose a threat to operation of the Website or the Services or to the security of others.
You must not edit, modify or customise the Website in a way that might effect or adversely affect the display of any advertising or promotional links
You may not attempt to gain unauthorised access to the Website or the Services or to any portion or feature of the Website or the Services, by hacking, password mining or any other illegitimate means
You may not use web bugs or tracking technologies
You may not transmit any worms, viruses, Trojan Horses, cancelbots, timebombs, defects, or any items of destructive nature
You must not attempt to reverse engineer any portion of the Website or the Services
You must not take any action that imposes or may impose an unreasonable or disproportionately large load (at our discretion) on the Website, the Services or the Infrastructure.
You may not embed any page of the Website in ‘frames’ running from other websites
You may not mirror the Website or the Services on any other website or Servers
You must not store or copy Content or Postings offered on Findsolve other than for your own use
You must not collect information about other users of the Website.
You must comply with all state, federal and international laws, rules, policies, licenses and regulations, including any laws regarding the transmission of data
You must not use email tools to send spam
You must not speak or make any representations on behalf of Us, the Website or Service

REGISTRATION

You are responsible for your Findsolve Account and the Content, and Postings you submit, provide or solicit.

You may not create Findsolve Accounts under fraudulent means or under false or fraudulent pretences
You must not create more than one Findsolve Account
You must not share your password
You must not re-create a Findsolve Account after your Findsolve Account has been terminated
You must not impersonate another person or use another persons email address or username
You must not create/recreate a Findsolve Account under automated means
You must notify Findsolve immediately of any unauthorised use of your User ID or password.

POSTINGS

Findsolve is a powerful tool that allows people to write about, discover, collaborate and share a wealth of solution information and knowledge. You acknowledge that you are solely responsible for any Postings that you publish, communicate or display.

The opinions expressed in Postings do not reflect the opinions of Us and We do not accept any liability for the content included in the Postings.

Your Postings may not include:

Content which falsely expresses or implies that such content is sponsored or endorsed by Us
Content that includes any profanity, vulgarity, obscenity, hate speech or threat;
Content that is (or could be reasonably expected to be) defamatory, racist, offensive, an invasion of privacy, pornographic, contains sexually explicit material, or otherwise objectionable or unlawful;
Content that incites or perpetuates hatred against or vilifies any person or group on the basis of age, ethnicity, nationality, race, gender, sexual preference, religion or physical or mental disability;
personal information about another individual without their permission;
material that may harass, intimidate or offend another person;
Content that is not an original work in which you own all rights (including copyright);
Content that falsely expresses or implies that the material is sponsored or endorsed by Us
Content which you know or should reasonably have known is misleading, deceptive or false;
Content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
Content that is (or could be reasonably expected to be) advertising or commercial in nature;
Content promoting or encouraging illegal activity;
advice of any kind in relation to tax, law, finance or other such advice of a professional nature; or
Content that is not in English.

INTELLECTUAL PROPERTY

We do not claim ownership of any information that you post to the Website. Except for Postings submitted by users, the Website and Services including all copyrights, trademarks, and other intellectual property or property rights therein, is owned by Us, which may include any registered or unregistered rights or any patent pending technology.

You automatically grant to Us an irrevocable, perpetual, non-exclusive, fully paid, royalty-free worldwide license to use, reproduce, copy, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, incorporate into other work any information or material contained in the Postings or material based on Postings.

You acknowledge and agree that you will evaluate and bear all risks associated with the use and publication of Postings. You agree that you shall have no recourse against Us for any alleged or actual infringement of any proprietary rights in your Postings and that submission of such materials to Us, irrevocably waives any and all ‘moral rights’ in your Postings including the rights of paternity (attribution) and integrity.

You acknowledge that you own or otherwise control all rights to your Postings, and that the content is accurate, will not cause harm to any person or entity, that the Postings and use of your Postings does nor violate these Terms of Use.

TRADEMARKS

The Website and all graphics, logos, page headers, button icons, scripts, business names and service names associated with the Website are owned or licensed by Us and are trademarks, registered trademarks or trade dress of Us.

Our trademarks and trade dress may not be used in connection with any product or service that is not Ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Us.

All other trademarks not owned by Us, or Our affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us or Our affiliates.

COPYRIGHT

We have adopted the following general policy toward copyright infringement:

Copyright Infringement

We may block access to or remove material that We believe in good faith to be copyrighted material that has been used without proper authorisation or illegally copied and distributed; and
cease and discontinue provision of the Service to offenders.

Procedure for Reporting Copyright Infringements

If you believe that any Content, material or Postings residing on or accessible through the Website infringes Your copyright or other intellectual property right or that of any third party, please send a notice of copyright infringement containing the following information:
the name and physical or electronic signature (if possible) of the owner of the copyright that has been allegedly infringed;
identification of the work or material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that We are capable of finding and verifying its existence (if possible);
contact information of the notifier including address, telephone number and email address;
a statement that the notifier believes in good faith that the material is not authorised by the copyright owner, its agent, or the law; and
any further relevant information regarding the matter that You are aware of.

Receipt of Infringement Notification

Once aninfringement notification is received by Us it is our policy to review and consider the notification and where appropriate (at Our discretion):
to remove or disable access to the infringing material;
to notify the provider of the material or user that it has removed or disabled and
if deemed appropriate, to terminate such provider's or user's access to the service.

LIABILITY

The Website and the Services, including any content or information contained within it or any Service or advice provided in connection with the Website, is provided "as is" with no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

You acknowledge and agree that use of the Website and the Services are at your sole risk. You acknowledge that information transmitted through the internet, and use of the Services or otherwise, is never completely secure.

You acknowledge and agree that We will not, under any circumstances, be liable for any loss or damage of any kind incurred in relation to your use in any way of the Website or the Services including any Postings or Content.

You further acknowledge that if you enter into correspondence or engage in commercial transactions with third parties in connection with Your use of the Website and/or the Services, it is solely between You and the applicable third party. We have no liability, obligation or responsibility for any such activity and/or published comments/Content on the Website. You hereby release Us from all claims, liability, demands or expenses arising from such activity.

We will not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation (including "line-noise" interference and any internet failures or defects).

The Website and the Services are controlled, operated and administered by Us from Our offices within Australia. We make no warranty or representation that material or information made available through the Website or the Services is legal, appropriate, or available for use outside of Australia. If you access the Website or the Services from a location outside of Australia, you are responsible for compliance with all applicable laws, and We accept no responsibility for such access or use.

Without limiting the foregoing, We will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to You. Notwithstanding anything to the contrary contained herein, Our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the amount paid (if any) by You to Us, for use of the Website or the Services in the 12 months prior to the action giving rise to liability.

You acknowledge and agree that any and all disclaimers in these Terms of Use and the provisions of these Terms of Use reflect a fair and reasonable allocation of risk between Us and You.

INDEMNITY

You agree to indemnify and hold Us and Our parent companies, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including all expenses and legal costs, made by any third party due to or arising out of (i) Your access to and use of the Website, (ii) Your use of the Services and the Content or Postings provided by you, (iii) the violation of these Terms of Use by You, or (iv) the infringement by You, or any third party using Your account or User ID or password, of any intellectual property or other right of any person or entity.

DISCLAIMER OF WARRANTIES

We do not endorse or recommend, and expressly disclaim liability for, any product, manufacturer, distributor, service or service provider mentioned or referred to on the Website, any Postings or in any query or response.

We disclaim all warranties, express or implied, including, but not limited to any warranty of title, non-infringement, merchantability, fitness for a particular purpose, or any warranty arising from a course of dealing, trade usage, or trade practice. These disclaimers apply to any damages or injury 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 unauthorized access to, alteration of, or use of the Website, the Services or Our records or information, whether for breach of contract, tortious behavior, negligence, or any other cause of action.

CHANGES TO THE WEBSITE AND/OR SERVICES

We reserve the right to vary any information or material that appears on the Website, and to vary these Terms of Use, at any time without notice.

JURISDICTION

These Terms of Use are governed by the laws of Queensland, Australia.

Failure to enforce a provision in this Agreement will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.

You agree that regardless of any statute or law to the contrary, any claim or cuase of action arising of or related to use of the Website and/or Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ENQUIRIES

All email should be directed to admin@findsolve.com

OTHER MATTERS

We expressly reserve Our rights in relation to any matter not referred to in, or rights not granted by, these Terms of Use.