Infoxchange Service Seeker (ISS) Terms of Use

Thank you for accessing the Infoxchange Servicer Seeker website (Website), which is operated by Infoxchange (ABN 74 457 506 140) (we, us, our). Access to, and use of, this Website is provided strictly subject to these terms of use, subject to any further agreement entered between you and Infoxchange. By using this Website, you accept these terms of use and our Privacy Policy (collectively the Website Terms). Please only use this Website if you have read, understood and agree to these terms of use.

Use of the Website

1. You may only use this Website to locate shelter, food, health providers, and other essential services that are listed in the directory for the purposes of you personally accessing these services for your own use or on behalf of a friend or family member. This Website and its information is intended and applicable for users who are residing in and using the Website within Australia only.
2. Companies, organisations and government authorities or agencies are not permitted to access or use this Website without our express written consent, in which case we may seek to enter a further agreement with you. To request such consent please contact [email protected]. Infoxchange reserves the right to seek remedies, including damages or injunctions, for unauthorised use of the Website.
3. Subject to these Website Terms, Infoxchange grants you a limited, revocable, non-transferable and non-exclusive personal licence to access and use the Website for non-commercial purposes.
4. Except as set out in the limited licence above and except to the extent we cannot prevent you at law from doing so:
   
   1. neither the Website Content (as defined below, under clause 23) nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, distributed, published, accessed, modified, or otherwise exploited, in whole or in part or derivative works created, for any purpose without our express, prior written consent; and
   2. you must not reverse engineer, decompile, disassemble, or extract any element of or otherwise discover any source code, algorithms, methods or techniques embodied in the Website.
5. The source and object code of the Website must not be accessed, examined or shared except as permitted by law.
6. Any unauthorised use by you of the Website or any or all of our content automatically terminates the limited licences in these Website Terms, without limiting any other remedy provided by applicable law or these Website Terms.

Scope of services

7. This Website provides a directory of shelter, food, health providers, and other essential services in Australia. The Website should not be relied upon as a substitute for professional legal or medical advice, counselling or similar services.
8. Search results in Infoxchange Service Seeker are intended as a guide and are not an endorsement that the service provided is appropriate for your personal circumstances. Some services will require an assessment to ensure you are eligible to access them. You agree to make your own inquiries and assessment as to the quality and suitability of services. For more information on a service provider’s offerings and their appropriateness, you should contact the service provider directly using the contact details provided.

Limitation of Liability, no warranty and Disclaimers

9. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which would contravene any statute or cause any part of the Website Terms to be void (Non-excludable Condition), to the extent permitted by law, Infoxchange specifically disclaims all liability for any loss or damage (including actual, special, direct, indirect and consequential) arising out of or in any way connected with the Website.
10. This Website is provided on an "as is" basis and “as available” basis, and without any warranty or condition, express or implied, subject to any Non-excludable Condition.
11. While every effort is made to ensure that information is accurate and current, Infoxchange is not responsible for inaccuracies in the database, search results or any other information contained on the Website. We reserve the right to correct or remove any information at any time without prior notice.
12. Links may be included on the Website to third party websites or services which will allow you to connect with such sites or obtain services that are not under our control. Infoxchange provides these links only as a convenience. The appearance of a link does not imply Infoxchange’s endorsement, nor is Infoxchange responsible for the contents of any linked site or services. You access them at your own risk.
13. To the extent that it is permitted by law to do so and subject to any Non-excludable Condition, Infoxchange makes no representations or warranties, express or implied whatsoever as to any matter. In particular, Infoxchange does not make any representations or warranties with respect to the accuracy, completeness or currency of the content of the Website or as to availability or, performance of the Website.
14. The contents of this Website are for informational purposes only.
15. The service providers listed in the directory do not under any circumstances provide services for or on behalf of Infoxchange.
16. You agree that, to the fullest extent permitted by applicable law and subject to any Non-excludable Condition, Infoxchange will not be liable except to the extent due to Infoxchange’s negligence or breach of these terms for:
    
    1. any expenses, losses, damages, or costs suffered or incurred by you or any other person as a result of the provision or failure by the service providers to provide any services listed in the directory;
    2. access delays to, access interruptions to, suspension of or discontinuation of the Website;
    3. data non-delivery, mis delivery, corruption, destruction or other modification to the data in or through the use of the Website;
    4. viruses, system failures or malfunctions which may occur in connection with your use of the Website; and
    5. any inaccuracies or omissions in content contained on the Website.

Your obligations and access to the Website

17. You agree and acknowledge that use of the Website and directory is at your sole risk.
18. You agree that you will not:
    
    1. use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website;
    2. use the Website or Website Content for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Website Terms;
    3. use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
    4. compromise the security of the Website;
    5. upload or publish content that:
       
       1. may infringe the intellectual property rights of any person;
       2. impersonates any person or entity or otherwise misrepresents your relationship with Infoxchange or any other person;
       3. is false, misleading, defamatory, slanderous, obscene, inappropriate, harassing or abusive of another person or is invasive of another persons’ privacy;
       4. contains or promotes sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
       5. promotes any illegal activity, or advocate, promote or assist any unlawful act;
       6. is otherwise contrary to law;
       7. has been solicited by an incentive or payment from another person; or
       8. contains viruses, malware or any other malicious software or data;
    6. use the Website or Website Content in a manner that violates the publicity, privacy or data-protection rights of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Website Terms;
    7. use any manual process to monitor or copy any of the material on the Website or for any other unauthorised purpose without our prior written consent;
    8. use any device, software or routine that interferes with the proper working of the Website;
    9. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
    10. attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
    11. attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
    12. otherwise attempt to interfere with the proper working of the Website.

Indemnification

19. You agree to indemnify, defend, and hold harmless Infoxchange, its officers, directors, employees, agents, licensors and suppliers (collectively the Service Providers) from and against all losses, expenses, damages and costs, including reasonable legal costs, resulting from:
    
    1. your violation of these Website Terms;
    2. your violation of any law or rights of a third party;
    3. any activity related to your use of the Website (including negligent or wrongful conduct); and
    4. any legal proceedings or any claim made against the Service Providers by a third party, which arises directly or indirectly by you in breach of the Website Terms.

Modification of Website and Website Terms

20. Infoxchange reserves the right to add to, change or discontinue the services, programs and information contained in, or any other aspect of, this Website at any time and without liability.
21. Please check these Website Terms regularly for changes proposed by Infoxchange to these Website Terms as your continued use of this Website will signify your acceptance of any proposed changed Website Terms. Please discontinue use of the Website if you do not agree to any changes to the Website Terms.

Other rights

22. All information and content available on the Website and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organisation of them (collectively, the Website Content) is the property of Infoxchange, our affiliates, partners or licensors, and is protected by Australian and international laws, including laws governing copyrights and trademarks. All rights not expressly granted are reserved.
23. Nothing in these terms assigns our rights in the Website Content to any other party.

Data and Privacy

24. Our privacy policy available at https://www.infoxchange.org/au/privacy-policy applies to how we deal with your personal information (Privacy Policy). By accepting these Website Terms you agree to the collection, use and sharing of personal information in accordance with our Privacy Policy.
25. You agree to comply with all applicable privacy and data protection laws in uploading any data to the Website (User Data) and you warrant that all relevant consents have been obtained from any identifiable individuals.
26. You acknowledge and agree that it is your responsibility to ensure that:
    
    1. your User Data does not infringe any intellectual property rights, privacy rights or any other rights of any person; or
    2. your use of the Website services and supply of the User Data does not breach any obligations of confidentiality to any person.

Dispute resolution

27. If you have a complaint about the Website, please contact us at [email protected], and we will endeavour to resolve it.

Governing law

28. These Website Terms shall be governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

General

29. If any of the Website Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
30. If we do not take steps in relation to a particular breach by you of these Website Terms, this will not be treated as a waiver by us of our right to act with respect to that breach, or in respect of any subsequent or similar breaches.

Last updated: August 2024