Conditions of use
FINDIT.ID AUSTRALIA PTY LTD
Welcome to FindIT.ID, a free lost and found service provided to you by FINDIT.ID Australia Pty Ltd ACN 606 514 247 (“FINDIT.ID”). These terms and conditions (“this Agreement”) apply to the provision of the Services (as defined below) by FINDIT.ID to you, the end user (“you”). This Agreement forms a binding legal agreement between you and FINDIT.ID. You should read the terms and conditions of this Agreement carefully. Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button on your computer screen, smart phone or tablet indicating your acceptance of this Agreement, or by proceeding to use the Services, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.
1. Engagement of FINDIT.ID
Provision of the Services
FINDIT.ID agrees to provide you with the Services, and you agree to obtain the Services from FINDIT.ID, in accordance with and subject to, the terms and conditions of this Agreement.
Subject to the terms and conditions of this Agreement, FINDIT.ID will provide you with the following Services:
- FINDIT.ID will provide certain suppliers (“Vendors”), a set of unique identifiers produced by FINDIT.ID (“ID Code”) which are affixed to FINDIT.ID goods and/or which the Vendors may affix to goods which they sell (“Products”).
- If a person purchases a Product (the “Owner”), the Owner may use the System to register the Owner as the owner of the Product, using the ID Code affixed to the Product.
- If the Owner loses the Product, and if a person finds the Product (the “Finder”), then the Finder may use the ID Code together with the System, to contact the Owner, to let them know they have found the Product.
- The Owner and the Finder may then separately arrange for the return of the Product to the Owner through communicating with each other on the System. This physical return of the Product will be separately organised between the Owner and the Finder. FINDIT.ID plays no part in the return of the Product.
Reporting Services to Vendors
You agree to take all safety precautions in contacting or accepting contact from an Owner or Finder (including without limitation in relation to your personal information and personal safety). In particular, if you are to meet the Owner or Finder in person, then you must take all necessary precautions for your safety and the safety of your belongings. FINDIT.ID is not involved in the return of a Product and is not responsible for the conduct of any Owner or Finder.
Services may change at any time
You agree that the Services which FINDIT.ID may provide you via the System, may be modified or discontinued by FINDIT.ID at any time with or without notice to you.
Subject to the terms of this Agreement, the provision of the Services constitute FINDIT.ID’s only obligation to you.
How you are bound
Depending on how you use the Services, you will be bound by this Agreement in your capacity as an Owner, a Finder, or both.
2. Account Setup
- FINDIT.ID may require you to create an Account on the System for the purposes of using the Services.
- The Account on the System will be created using FINDIT.ID’s online sign up process, or any other method specified by FINDIT.ID from time to time.
- The Account will permit you to login to the System to manage your Account and other details involving your relationship with FINDIT.ID.
- Notwithstanding clause 2.7, you agree to keep confidential and secure any username or password used to access the Account.
- You warrant that all information provided to FINDIT.ID in the setup of your Account or requested by FINDIT.ID from time to time is true and correct in every detail.
- You agree that you will only use the Account and the System for the purposes of using the Services and for no other purpose.
- You may authorise your employees and family members to access the Account and use the System and the Services on your behalf. You remain responsible and vicariously liable for the use of the Account and the System by your employees and family members, and must supervise their use at all times.
- You must be over the age of 18 years to use the Services. If you are a minor, then you must only use the Services via an Account created by an adult member of your family, as contemplated above.
3. Intellectual Property
- You acknowledge and agree that FINDIT.ID retains ownership at all times of all Intellectual Property which subsists in the System and in the Services.
- FINDIT.ID grants to you a personal, royalty-free and non-exclusive licence to use the System, solely for the use of the Services, as contemplated by this Agreement. This licence will terminate immediately upon the termination of this Agreement.
- You must not infringe the Intellectual Property of FINDIT.ID or a third party in connection with the Services. You continually indemnify FINDIT.ID against any Loss that FINDIT.ID incurs or suffers, as a direct or indirect result of a breach of the Intellectual Property of FINDIT.ID or a third party in connection with the Services.
4.General Provisions Relating to Content
- The User Content and all other content and information on the System, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is proprietary to FINDIT.ID. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or Services obtained from or through the System. Additionally, you agree not to:
- use the System or its content for any purpose, other than as permitted by this Agreement or separately agreed in writing by FINDIT.ID;
- use another person’s name, account, identity or password without permission, or use the System while impersonating another person;
- access, monitor or copy any content or information of the System using any robot, spider, scraper or other automated means or any manual process for any purpose without FINDIT.ID’s express written permission;
- violate the restrictions in any robot exclusion headers on the System or bypass or circumvent other measures employed to prevent or limit access to the System;
- take any action that imposes, or may impose, as measured by FINDIT.ID in its sole and absolute discretion, an unreasonable or disproportionately large load on its server infrastructure;
- deep-link to any portion of the System (including any website through which you access the System) for any purpose apart from where expressly permitted by this Agreement or with the prior written consent of FINDIT.ID;
- "frame", "mirror" or otherwise incorporate any part of the System into any other website or software without FINDIT.ID’s prior written consent; or
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by FINDIT.ID in connection with the System or the Services.
- You agree that FINDIT.ID will be the owner of all Intellectual Property in any written content which you submit to the System, including, without limitation, postings on the System, data on the System (including any data available (in material form or code form)) in respect of any online discussions between an Owner and a Finder or any suggestions or ideas, or any other work, item or thing you upload to the System or provide to FINDIT.ID (“User Content”).
- To the extent that you have any moral rights (as that term is defined in the Copyright Act 1968 (Cth)) in any User Content you provide to FINDIT.ID, then you waive all such moral rights, and to the extent that such waiver is not possible, then you consent to FINDIT.ID making all uses, edits and modifications of the User Content in its sole discretion, including, without limitation, as further described in this Agreement.
- You agree that:
- your User Content is not confidential (for the avoidance of doubt the communications between an Owner and Finder will not be reported to any Vendor or any third party, subject to compliance with FINDIT.ID’s legal obligations);
- you are solely responsible for the User Content you post to the System;
- FINDIT.ID may reproduce all User Content on the System and will determine in its sole and absolute discretion how it presents your User Content on the System;
- FINDIT.ID may make any modifications to your User Content in its sole and absolute discretion, before presenting your User Content on the System, except in respect of any of your trade marks and/or brands; and
- FINDIT.ID may determine whether or not to attribute the User Content to you, or remain silent on any attribution.
- You agree that FINDIT.ID is under no obligation to edit, monitor or control the User Content which is published to the System by a Finder, Owner or other clients of FINDIT.ID, however FINDIT.ID reserves the right to do so.
- You agree that you will not post, upload to, transmit, distribute, store, create or otherwise publish on the System, any of the following (“Infringing Content”):
- User Content that may infringe the Intellectual Property of any person;
- User Content that impersonates any person or entity or otherwise misrepresents your relationship with FINDIT.ID or any other person;
- User Content that is false, unlawful, misleading, libellous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing or advocates harassment of another person, threatening, invasive of privacy, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that can reasonably be considered to be offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- User Content that would constitute, encourage, promote, or provide instructions for the conduct of an illegal act or omission, any criminal activity, or violate the rights of any person;
- unsolicited promotions or SPAM;
- User Content which contains the private and/or personal information of any person; and/or
- User Content which contains viruses, malware or any other malicious software or data.
- You agree that:
- FINDIT.ID will have no responsibility or liability for any User Content or Infringing Content posted, stored or uploaded on the System, or for any Loss or damage suffered by you or any other person as a result of the System storing, holding, or making available, any User Content or Infringing Content to Owners or Finders; and
- FINDIT.ID is under no obligation to review any User Content to determine its accuracy, truthfulness, or whether it is defamatory, slanderous or contains falsehoods.
- Subject to clause 4.7, you may notify FINDIT.ID at any time of any User Content which you consider to be Infringing Content on the System, and which you request that FINDIT.ID remove from the System or modify (“Take Down Notice”). You agree to follow any procedures which FINDIT.ID specifies from time to time in relation to you providing a Take Down Notice, and provide FINDIT.ID with all information which it requests in considering your Take Down Notice, including information verifying your identity and the basis upon which you consider the relevant User Content to be Infringing Content. You acknowledge that notwithstanding your Take Down Notice, FINDIT.ID is under no obligation to remove any Infringing Content other than where stated in this Agreement or where required by law. If FINDIT.ID does remove allegedly Infringing Content, then you acknowledge that such removal is done on a without prejudice basis, and upon such removal, you agree to release FINDIT.ID from any action, claim, proceedings, damages or other obligation which you may make, institute or claim against FINDIT.ID due to the publication of the allegedly Infringing Content on the System.
- You indemnify and agree to keep indemnified, FINDIT.ID, its agents, employees and officers against all Loss which FINDIT.ID, its agents, employees or officers suffer or incur, as a direct or indirect result of:
- you posting or uploading any Infringing Content to the System; or
- any legal proceedings or any claim made against FINDIT.ID by a third party, which arises directly or indirectly from any Infringing Content posted or uploaded by you to the System.
5. Suspension of the Services
- Without limiting FINDIT.ID’s other rights arising under this Agreement, FINDIT.ID may suspend your use of the Services at any time, and for any reason (even if you are not in default of this Agreement), with or without notice to you.
- FINDIT.ID’s suspension of the Services may, in FINDIT.ID’s sole and absolute discretion, apply to only some of the Services and/or for a fixed or indefinite period of time.
- FINDIT.ID may in its sole and absolute discretion reactivate the Services for you at any time following their suspension.
- FINDIT.ID is not responsible for the disclosure of any personal information you disclose to a Finder or Owner (as the case may be) and the Finder’s or Owner’s (as the case may be) collection or disclosure of such personal information.
7. Relationship of the Parties
FINDIT.ID is an independent service provider to you and is not your partner, agent or employee. You do not have the power to bind FINDIT.ID in relation to any obligation owing to a third party. You are not an employee, partner, joint venture partner, or agent of FINDIT.ID.
8. Your General Obligations
You warrant and agree that:
- you will not use the Services for any illegal or fraudulent purpose or for any purpose other than as permitted by this Agreement;
- you will comply with the terms of this Agreement and all laws which must be complied with in relation to the Services and any other goods and services described in this Agreement;
- you will comply with all security precautions which FINDIT.ID puts in place for your use of the Services;
- you warrant that you will not, by engaging FINDIT.ID to provide the Services, place FINDIT.ID in breach of any law or obligation owing to a third party;
- you will not undertake any act or cause any omission which will bring FINDIT.ID into disrepute;
- you will provide FINDIT.ID with all information requested by FINDIT.ID which FINDIT.ID requires to provide the Services; and
- all information provided by you to FINDIT.ID in relation to the Services and this Agreement, is true and correct in every detail.
9. Term and Termination
- This Agreement commences at the earliest of:
- the time it is entered into by you and FINDIT.ID, as described at the commencement of this document; or
- your first use of the System or the time you first create an Account.
- This Agreement may be terminated by FINDIT.ID at any time, and for any reason, with or without notice to you. FINDIT.ID may effect such termination by deleting your Account and removing your access to the System and your use of the Services.
- You may terminate this Agreement at any time, and for any reason, by using functionality in the System to delete your Account.
- Upon termination of this Agreement:
- you must cease all use of the System, the Services and your Account;
- FINDIT.ID may prohibit you from accessing or using the Services, the System or your Account; and
- FINDIT.ID may withdraw all use of the Services from you.
- Clauses 3.1, 6, 7, 9, 10, 11, 12 and 14 will survive the termination of this Agreement.
10. Limitation of Liability and Implied Terms
- You acknowledge that FINDIT.ID has made no warranties that the Services or the System will be error free or available at all times.
- You agree that FINDIT.ID will not be liable or responsible for any damage caused on contributed to as a result of affixing and/or removing any ID Code or any sticker, label or embodiment of an ID Code from or to any Products.
- You agree that FINDIT.ID will not be liable or responsible for any failure in, or delay to, the provision of the Services or in FINDIT.ID complying with its obligations under this Agreement where such failure or delay has arisen as a direct or indirect result of:
- any conduct by you or any person who uses the System on your behalf;
- fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
- denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
- a significant demand is placed on FINDIT.ID’s Services or the System which is above the usual level of demand and which results in a failure of FINDIT.ID’s software and hardware to function correctly (including the System);
- the failure of any third party to fulfil any obligation to FINDIT.ID; or
- any other circumstances or event similar to the above which is beyond the reasonable control of FINDIT.ID.
- You acknowledge that FINDIT.ID has not made and will not make any express or implied warranties in relation to the Services or any other goods or services provided by FINDIT.ID under this Agreement other than those warranties expressly contained in this Agreement. Subject to clauses 10.6 and 10.8, any term that would be implied into this Agreement, including without limitation any condition or warranty, is hereby excluded to the maximum extent permitted by law.
- You agree that the maximum liability of FINDIT.ID under this Agreement for any and all breaches of this Agreement and for any negligence in relation to this Agreement, will not exceed the lower of AUD $10, or any amount paid for the Services by you.
- You agree that FINDIT.ID will not be liable or responsible for any thing or act other users post to the System or do.
- If the Competition and Consumer Act 2010 (Cth) (or analogous legislation in a relevant jurisdiction) applies to this Agreement and permits the limitation of liability for breach of warranty implied by statute, the liability of FINDIT.ID is limited, at the option of FINDIT.ID, to:
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again; and
- in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
- in the case of services:
- Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of FINDIT.ID will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies, arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute or by the Australian Consumer Law.
- If you are a consumer (as defined in the Competition and Consumer Act 2010 (Cth)), then nothing in this Agreement restricts, limits or modifies your rights or remedies against FINDIT.ID for the failure of a statutory guarantee under the Australian Consumer Law where such restriction, limitation or modification would be prohibited by the Competition and Consumer Act 2010 (Cth).
11. Your Indemnity
You indemnify FINDIT.ID, its agents, officers, employees and subcontractors (“Indemnified”) against all Loss which the Indemnified suffer or incur as a direct or indirect result of any breach of this Agreement by you, or any breach of any warranties given by you under this Agreement.
12. Definitions and Interpretation
- In this Agreement, in addition to terms defined separately in this document, the following terms will have the following meanings, unless the context otherwise requires:
Account means an account with the System which allows you to access and use the System. Australian Consumer Law means the law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). FINDIT.ID means FINDIT.ID AUSTRALIA PTY LTD ACN 606 514 247 of Level 2, 364-372 Lonsdale Street, Melbourne VIC 3000. Intellectual Property means all present and future rights, title and interest in and to inventions, know-how, patents, patent applications, registered and unregistered trade marks, service marks, registered and unregistered designs, copyrights, circuit layouts, domain names, internet addresses, computer programmes, confidential information, trade secrets, trade or business names and brand names. Loss means any loss including any liability, cost, expense (including legal costs on a full indemnity basis) or damage. Services has the meaning given to it in clause 1.2. System means FINDIT.ID’s website, or in certain cases, the website of the Vendor (as specified on the relevant Product), and any computer software or a smartphone or tablet application FINDIT.ID publishes which allows you to access and use the Services.
- In the interpretation of this Agreement, unless the contrary intention appears:
- a reference to this Agreement means a reference to an agreement between you and FINDIT.ID on the terms and conditions of this document and includes an amendment or supplement to, or replacement or novation of this Agreement;
- the words “includes” or “including” mean “includes without limitation” or “including without limitation”;
- a reference to a person includes a reference to a corporation, firm, association or other entity, and vice versa;
- the singular includes the plural and vice versa;
- a reference to any gender includes a reference to all other genders;
- a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;
- an agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally;
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and
- headings are inserted for convenience only and do not affect the interpretation of this Agreement.
13. Disputes, Questions, Concerns
Any concerns or issues relating to your use of the Services should be directed to FINDIT.ID in writing by sending an email to email@example.com.
- This Agreement may be amended at any time by FINDIT.ID in its sole and absolute discretion. You will become bound by any amended version of this Agreement the first time you use the System after those amendments are first published to FINDIT.ID’s website, or displayed to you upon you accessing the System. If you do not agree with any amendments made by FINDIT.ID to this Agreement, then you must immediately terminate this Agreement as described in clause 9.3 and cease all use of the System and the Services.
- Any notice given under this Agreement must be in writing and must be signed by the party or its agent giving the notice. A notice is taken to be received:
- in the case of a notice delivered by hand, when so delivered;
- in the case of a notice sent by pre paid post, on the third day after the date of posting;
- in the case of a notice sent by facsimile, upon the receipt by the sender of a transmission report from the despatching facsimile machine which confirms that the facsimile has been successfully sent; or
- in the case of a notice sent by email, upon the receipt by the sender of a confirmation from the recipient or the recipient’s email server that the email has been received by the recipient.
- This Agreement supersedes all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of this Agreement and sets forth the entire and exclusive agreement and understanding between the parties relating to the subject matter of this Agreement.
- A provision of or a right created under this Agreement may not be waived except in writing signed by the party or parties to be bound by the waiver. No single or partial exercise by any party of any right, power or remedy under this Agreement will preclude any other or further exercise of that or any other right, power or remedy. The rights, powers or remedies provided in this Agreement are cumulative with and not exclusive of any rights, powers or remedies provided independently of this Agreement.
- If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
- FINDIT.ID may assign its rights and novate or transfer obligations which arise under this Agreement, with or without notice to you. You must not assign, novate or otherwise transfer your rights or obligations under this Agreement without the prior written consent of FINDIT.ID (which may be withheld). You must not subcontract your rights or obligations under this Agreement without the prior written consent of FINDIT.ID (which may be withheld).
- The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or part of it.
- This agreement is governed by, and must be construed in accordance with, the laws of the State of Victoria, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their Courts of Appeal.