Terms & Conditions

Welcome to the Absolutely Australia Directory, owned and produced by clearFusion.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

Integrated, these sites help each individual user to locate, retrieve and manage information tailored to his or her personal interests. 

Unless explicitly stated otherwise, any new Products and Services (as defined below), shall be subject to these Terms and Conditions.

In addition, there are a variety of special products and services offered through Absolutely Australia that have separate registration procedures and separate terms and conditions, user agreements, terms of service, or similar legal agreement. When you are using any service or product on the Absolutely Australia that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. clearFusion also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of the Absolutely Australia. In addition, clearFusion also may offer other services from time to time that are governed by the terms of service of the respective service partners.

Because the Terms and Conditions contain legal obligations, please read them carefully.

Please direct any legal questions to:

Administration
clearFusion
PO Box A299
Australind  WA   6234

 

Definitions

"The Owners" means clearFusion.

"Site" means all elements and all the pages contained within the "The Owners" Website.

"Services" means all services operated by "The Owners" and third parties through the "Site".

"Materials" means all information, communications, documents, files, text, graphics, photographs, images, animations, video, audio, music, logos, software, products, and services.

Terms

1. Advertisers Terms and Conditions

    
   • "Absolutely Australia" refers to clearFusion, trading as Absolutely Australia and covers all Absolutely Australia websites. Advertising on a Absolutely Australia website constitutes an agreement by you that you accept and agree to be bound by these conditions.
   • While Absolutely Australia adopts all security and backup measures, we do not warrant that your information on our websites or our databases will be secure or uninterrupted, and we will not be liable for any loss resulting from you in relying on the security or uninterrupted supply of information or access on the websites.
   • Absolutely Australia and its related entities are indemnified from any loss, damage or costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on the websites.
   • Absolutely Australia reserves the right to edit or remove any information on its website at anytime without notice or reason.
   • Absolutely Australia takes no responsibility for any transaction entered in to between you and customers using this website.
   • Absolutely Australia reserves the right to refuse any advertising without giving reason.
   • Absolutely Australia reserves the right to modify these terms and conditions at any time without notice. The revised terms will take effect when they are posted and all advertisers will be subject to the posted terms and conditions.

 

2. Copyright

   
   
    
   • Absolutely Australia and its related entities are indemnified from any liability to any persons or companies in contract, if any of your information is incomplete or inaccurate.
   • By advertising on the Absolutely Australia websites you agree that in no circumstances will Absolutely Australia be liable for any incidental, indirect and/or consequential losses or damages or loss of profits arising from the use or inability to use the Absolutely Australia websites.
   • All graphics, images, maps and software created by Absolutely Australia for use on our websites is copyright protected and may not otherwise be used or copied without the prior written approval of Absolutely Australia.
   • All material supplied by you to Absolutely Australia must be free of any copyright restrictions and you grant Absolutely Australia a non exclusive, royalty free, perpetual irrevocable licence to use such material and will indemnify Absolutely Australia from any possible breach of copyright.
   • Absolutely Australia reserves the right to modify any and all aspects of their websites without notification
   • You grant Absolutely Australia the right to display your information on any of its other websites as it sees fit

 

3. Rates & Fees

   
   
    
   • Special offers will apply for the first year or duration of contract only. Standard fees will apply thereafter unless otherwise specified.
   • Existing or previous advertisers are ineligible for special rates unless otherwise specified
   • No charges will be incurred for changes made using our online page editors. A minimum charge of $30 (incl. gst) will be incurred for changes we make at your request, where you are able to make changes online.
   • Absolutely Australia are non-refundable, and orders cannot be cancelled until the end of the contracted period.
   • Contract renewals will be sent at least 14 days prior to their expiration, and all accounts then become due for payment within 7 days of the expiry date. Should you fail to pay by the due date Absolutely Australia reserves the right to suspend your account, and unpublish your links or adverts. It is in your best interest to keep listings current, as you can disrupt your search engine placements if the Absolutely Australia website is spidered while your link or advert is suspended.
   • Absolutely Australia accepts no responsibility for any damages that any suspension may cause to your business, or any search engines which may also reflect the absense of your link. All pages will be re-instated for the remaining term of the contract once full payment is received.
   • Absolutely Australia reserves the right to modify rates by reducing or increasing them without notice. All current contracts will not be affected by such rate modifications, but will become liable to the new rates on cessation of their contract. Sometimes an old price may be still listed on the website due to the page not being updated.

 

4. ACCEPTANCE OF TERMS

   
   
    
   • "The Owners" make this "Site", including all "Materials" and "Services" available for your use subject to the terms and conditions set forth in this document and any changes to this document that "The Owners" may publish from time to time.
   • By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Absolutely Australia web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
   The following terms and conditions relate to your use of this website. By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any "Materials", or merely browsing the "Site", you agree to follow and be bound by these terms and conditions. "The Owners" reserve the right to change the Terms at any time at their sole discretion. In the case of any violation of the Terms, "The Owners" reserve the right to seek all remedies available to it in law and in equity.

 

5. OWNERSHIP

   
   
    
   • You acknowledge that all elements contained in this "Site", including but not limited to, the "Materials" and the intellectual property rights are provided by and owned by "The Owners" or their respective third party authors, developers and vendors.
   • The "Site" is protected by copyright laws and other international treaties as well as other intellectual property laws and treaties and any unauthorised use of the "Materials" or "Services" at this "Site" may violate such laws and the Terms of Use. Except as expressly provided herein, "The Owners" and its suppliers do not grant any express or implied rights to use the "Materials" and "Services". Logos and trademarks may be registered in certain jurisdictions. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

 

6. CONDITIONS AND RESTRICTIONS ON USE

   
   
    
   • Use of the Products and Services is subject to compliance with these Terms and Conditions.
   • "The Owners" hereby grant you permission to display, cache, and download "The Owners" Materials on this "Site", subject to the terms and conditions of this Agreement, provided that:
     1. You display the relevant ownership notices provided with the Materials.
     2. The use of such Materials is solely for your personal, non-commercial and informational use and will not be used for commercial gain.
     3. The Materials are not modified in any way.
   • This permission terminates automatically without notice if you breach any of these terms or conditions.
   • Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of "The Owners". Also, you may not "mirror" any Materials contained on this "Site" on any other server without "The Owners" prior express written permission.
   • Except where expressly provided otherwise by "The Owners", nothing on this "Site" shall be construed to confer any license under any of "The Owners" or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
   • Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by "The Owners". "The Owners" shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the products of Third Party Providers.
   • "The Owners" does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by "The Owners".
   • Any unauthorised use of any Materials contained on this "Site" may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
   • You acknowledge and agree that clearFusion may terminate your access to the Absolutely Australia or to any of their Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by clearFusion. Any such termination shall be in clearFusion's sole discretion and may occur without prior notice, or any notice. clearFusion further reserves the right to terminate any user's access to the Absolutely Australia or to any of their Products and Services for any conduct that clearFusion, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to clearFusion and Absolutely Australia, or their subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. clearFusion further reserves the right to terminate any user's access to the Absolutely Australia or to any of the Products and Services for any reason or for no reason at all, in clearFusion's sole discretion, without prior notice, or any notice.

 

7. TERMINATION OF SERVICES/WEBSITE

   
   
    
   • Although it is not our intention to do so, "The Owners" may modify or discontinue its "Site" or the "Materials" provided here at any time, with or without notice to you. "The Owners" will not be liable to you or any third party as a result of such modification or discontinuation. In using the "Site", including all "Services" and "Materials" available through it, you agree:
     1. Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites.
     2. Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files.
     3. Not to disrupt or interfere with the security of, or otherwise cause harm to, the "Site", or any "Services", "Materials", system resources, servers, or networks connected to or accessible through the "Site" or any affiliated or linked sites.
   • "The Owners" reserves the right, in its sole discretion and at any time, to terminate your access to all or part of the "Site" and/or any of its "services" without liability to you or any third-party if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use). Upon termination of your access, you will immediately destroy any downloaded or printed "Materials".

 

8. LINKS TO THIRD PARTY SITES

   
   
    
   • This Website contains links to Websites controlled by parties other than "The Owners". You understand and acknowledge that:
     1. "The owners" do not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the site, including, without limitation, third party vendors and third parties accessible through links on the site.
     2. "The owners" make no representation or warranties whatsoever about any such third parties, their content, products, or services.
     3. Any dealings you may have with such third parties are at your own risk.
     4. "The owners" shall not be liable or responsible for any content, products, or services offered by third parties.
   • "The Owners" is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by "The Owners" of the linked Website. You should refer to the policies posted by other Websites regarding privacy and other topics before you use them. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

 

9. SUBMISSIONS

   
   
    
   • Except where expressly provided otherwise by "The Owners", if without a request from us, you send or post creative suggestions, ideas, notes or concepts or other materials (collectively, " Submissions "), they will be considered non-confidential and non-proprietary, they will be deemed, and will remain, the property of "The Owners". Disclosure, submissions, or offer of any Comments will constitute assignment to "The Owners", at no charge, of all world-wide rights, title, and interest in all copyrights and other intellectual property rights in such "Submissions". "The Owners", may edit, copy, publish, distribute, translate, and otherwise use in any medium any "Submissions" that you forward to "The Owners", and will own exclusively all such rights, title, and interest and will not be limited in any way in its use, commercial or otherwise, of the "Submissions". You acknowledge that you are responsible for the "Submissions" that you provide, and that you, not "The Owners", have full responsibility for the "Submissions", including their legality, reliability, appropriateness, originality and copyright. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law.

 

10. SITE SUBMISSIONS

    
    
     
    • You acknowledge that when you submit a site to the Absolutely Australia Directory it is for consideration only and may be rejected, any fees paid are to cover the cost of this review and are non-refundable whatever the outcome.
    • Where applicable "The Owners" will send an electronic Tax Invoice and will not be required to send you any other form of invoice. You agree to accept electronic invoices and notify any government agencies that you may be required to.
    • If your submission is accepted into the Absolutely Australia Directory then you acknowledge that:
      1. "The Owners" may periodically manually or automatically visit your site to verify its eligibility for continued inclusion. "The Owners" reserve the right to remove without notice any site that does not meet the minimum requirements for inclusion. Sites offering a reciprocal link may also be periodically checked to ensure that the link is valid and if not the position of the listing in its category may change.
      2. "The Owners" may at any time modify the lisiting information as deemed necessary, including the category in which your website is listed.
      3. At "The Owners" sole discretion the submitted website may at anytime be placed in a different or additional directory or directories run by "The Owners".
      4. "The Owners" control the precedence of listings within a category based on the general rules of: sites included under a paid review will appear first with sites with a valid reciprocal link highest, followed by free sites offering a valid reciprocal link and finally free listings. New sites included under a paid review will be listed above all free listings within the category for a period of 1 year from the acceptance date, after which time the listing will revert to a free listing. Paid site listing updates, if accepted, will cause the site to be listed above all free listings for the longer of 1 year from the acceptance date or the current expiry date plus 1 year.
      5. Within the 30 days immediately following acceptance you may request one reconsideration of category placement, title, description and other submitted information, by replying to the original acceptance email (all information from the original acceptance MUST be returned). If the request is received by "The Owners" within this time period your site will be reviewed and you will be notified of the final decision no further appeals or submissions will be considered.
      6. You may request your site be removed from the directory, providing that you provide either a). an email address within the same domain as that of the site to be removed, or b). the email address originally used for submission, that can be used for verification. "The Owners" will comply with any such request at the earliest opportunity.
    • If your site submission is rejected then you may appeal the decision by replying to the original rejection email (all information from the original email MUST be returned). If the request is received by "The Owners" within 30 days of the rejection email your site will be reviewed and you will be notified of the final decision no further appeals or submissions will be considered.

 

11. MINIMUM SITE CRITERIA FOR INCLUSION

    
    
     
    • All sites submitted to the Absolutely Australia Directory must meet the following minimum criteria:
      1. The website must not already appear in the directory.
      2. The site must have a registered domain name.
      3. Commercial websites must make the official business name, and contact information available to visitors.
      4. The website must clearly define its purpose, products, and/or services.
      5. The website must contain substantively unique content, as determined by "The Owners". (For example submission of multiple URLs pointing to the same content will cause all references to be removed from the directory).
      6. The website must not contain any under constructions areas.
      7. All links on the website must work, and link to relevant content.
      8. The website must be in the English language or have an easily accessed English version available.
      9. The website must be up and running 24 hours a day, 7 days a week.
      10. The website must not contain any content, products, services or other information that, in "The Owners" reasonable determination may be in violation of any laws, regulations, third-party rights, or that, "The Owners" believe, in its sole discretion, is inflammatory, offensive, or otherwise inconsistent with the spirit of Absolutely Australia.
      11. If the website offers a subscription based service, you must provide as part of the submission a trial password or other information as applicable to allow "The Owners" to access the service for not less than 60 days. This information will only be used by "The Owners" during evaluation of the site.

 

12. PARENTAL CONTROLS AND RESPONSIBILITY FOR MINORS

    
    
     
    • In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for:
      • the online conduct of such minor
      • controlling the minor's access to and use of the Products and Services; and
      • the consequences of any misuse by the minor
    • YOU ACKNOWLEDGE THAT SOME AREAS OF THE Absolutely Australia MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
      Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available.

 

13. ACCESSIBILITY AND COMPATABILITY

    
    
     
    • In an effort to make our site accessibile to everyone on all forms of electronic media, we have adhered to the WW3 standardization for web development and accessibility.  We have also aimed to validate to Section 508 accessibility standards.  However, we do not guarentee that each page will always follow suit.  Sometimes user submsissions can cause a page to slip out of validation, and it wont get picked up until the next site evaluation.  If you happen to come across a page that you feel doesn't validate to the above standards, we ask that you email us with the site location so we can attempt to make this site accessible and compatible for everyone.

 

14. DISCLAIMER

    
    
     
    • "The Owners" have taken every care in the preparation of this document and whilst the information is given in good faith based upon the latest knowledge available to "The Owners", no expressed or implied warranty, representations, guaranties or conditions is given concerning such information, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. This information must not be taken as establishing any contractual or other commitment on the part of "The Owners". "The Owners" assume no responsibility for errors or omissions, and no liability is assumed for incidental or consequential damages in connection with or arising from the use of information or programs contained on this "Site" or any other Website referenced by this "Site".

 

15. VIOLATIONS OF TERMS AND CONDITIONS

    
    
     
    • Should you violate these Terms and Conditions or any other rights of clearFusion and the Absolutely Australia, clearFusion reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Absolutely Australia web sites.

 

16. LIMITATION OF LIABILITY

    
    
     
    • "The Owners" "Site" is provided "as is" and "as available" and are used by you at your sole risk. "The Owners" shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials, or use or inability to use the website. In no event shall "The Owners" be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this website, even if "The Owners" has been previously advised of the possibility of such damage. "The Owners" website may contain bugs, errors, problems, viruses or other limitations. "The Owners" assumes no liability or responsibility for any such bugs, errors, problems or viruses or other limitations. you will not make a claim against "The Owners" for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the materials. you agree to hold "The Owners" harmless from, and you covenant not to sue "The Owners" for, any claims based on or related to the use of the website. the effectiveness of these limitations is an express precondition to your use of this website.

 

17. INDEMNIFICATION

    
    
     
    • You agree to indemnify and hold "The Owners", its officers, directors, employees, agents, and partners, harmless from any claim or demand, including reasonable legal and accounting fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Design Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, your violation of any laws, regulations, or third-party rights or your violation of any rights of another person or entity.

 

18. SUCCESSORS

    
    
     
    • Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, assigns and successors.

 

19. RELATIONSHIP OF PARTIES

    
    
     
    • You acknowledge and agree that you and clearFusion and Absolutely Australia, are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

 

20. NON-WAIVER

    
    
     
    • clearFusion's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

 

21. MISCELLANEOUS

    
    
     
    • This agreement shall be governed by and construed in accordance with English law and the parties hereto agree to submit to the non-exclusive jurisdiction of the English courts. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except for other agreements or terms appearing on the Website, these Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.
    • Any questions relating to this Website may be sent through our contact page.
    • Any prices shown were correct at the time the "Site" was up loaded.  "The Owners" reserve the right to increase or decrease rates without notification.  These fluctuations will not come into effect with members until their current contracts have expired.
    • clearFusion reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services.  "The Owner" also reserves the right to modify these Terms and Conditions, without notice.  Please review these Terms and Conditions from time to time so you will be apprised of any changes.  Your continued use of this "Site" will signify your acceptance of these changes.
    • Absolutely Australia does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
    • We hope your enjoyment of Absolutely Australia's Products and Services will be enhanced by the application of these Terms and Conditions. We believe that your understanding of the guidelines we have set forth will allow the Absolutely Australia community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.