Terms and Conditions

  • Terms and Conditions – For Customers

    This page sets out the Terms of Use for the website www.findmyinstructor.com.au and all content at that domain. You should read these Terms of Use carefully. By continuing to use the website you agree to these Terms of Use, including the terms set out under the headings your safety and security, disclaimers and our liability to you.

    The aim of the website is to provide a mechanism to search for driving schools and compare rates and services offered. If you need to contact us, please email us using the Contact Us form or, for any urgent matters, you can call us on +61 1300 724 808.

    License to use the website

    Subject to you complying with these Terms of Use, we grant you a non-exclusive license to use the website for the following limited purposes :

    • to search our directory of driving schools and compare the rates and services offered by those driving schools
    • to contact driving schools listed in our directory for the purpose of enquiring about and arranging driving lessons
    • to contact us.

    You may also print a copy of any page within the Website for your own personal use.

    Messaging services

    By "messaging service" we mean any communication facility offered over the website to enable communications between you and driving schools listed in our directory. Messaging services may only be used for the limited purposes for which you are granted a license for the website (see License to use the website above). If you provide information (whether personal or not) through a messaging service you must ensure that it is true, accurate, up to date and not misleading. Your use of any messaging service must at all times be reasonable and appropriate and you should not (i) transmit content that is sexual, obscene, defamatory, disparaging, offensive, abusive, harassing or threatening, discriminatory or liable to incite racial hatred or which could in any other way reasonably be considered to be inappropriate; (ii) exploit or embarrass someone, provide any image or information about someone without their consent or impersonate someone; or (iii) promote, provide information about, cause or contribute to an activity which is unlawful or the infringement of the intellectual property, publicity, privacy, confidentiality or any other legal rights of any person. We have the right (but not the obligation) to monitor use of the messaging service(s) and we may intervene in or prohibit communications as we determine to be appropriate. Like email, once a message is sent it generally cannot be retracted, so please exercise care prior to sending any messages.

     Content provided by others

    Any opinions, advice, comments or other content contributed by our third party suppliers, other website users or driving schools listed in our directory do not necessarily represent our own views, opinions or comments nor our endorsement of any business operated or promoted by that contributor. We may but will not necessarily (and are not obliged to) monitor, verify, correct or otherwise review the quality of content and information published on the website (such as in directory listings) or sent using a messaging service. In general we act only as a passive conduit and do not monitor material published by registered driving school members of the website or transmitted through a messaging service. You should always assume that any content has NOT been monitored or reviewed by us. You should perform all inquiries as appropriate in the circumstances to verify any content posted by others on the website prior to relying on it and you assume full responsibility for any reliance you place on that material.

    Limitations on our involvement and services

    The website includes a directory and at times it may also include advertisements about different businesses. You agree that (i) in no way do we act as an employer or contractor of driving schools, a broker or any type of referral service and (ii) in no way are we involved in any aspect of the relationship between you and any other website user or driving school – any contact or relationship you establish is purely a matter between you and that user.

    YOUR SAFETY AND SECURITY

    Dangers of internet based introductions : There are risks inherent in dealing with persons whom you have come across or been introduced to over the internet including the risks of physical harm, fraudulent activity, dealing with foreign nationals without proper work permits, dealing with underage persons and dealing with people acting under false pretenses. Prior to providing your details to or meeting with any other website user (including a person or business who is listed in our directory of driving schools) you must make your own independent inquiries to satisfy yourself as to the suitability, accuracy and reliability of any information published or sent to you in relation to that person or business. You accept full responsibility for all risks involved and acknowledge that it is entirely your responsibility to undertake all necessary and prudent vetting and screening, such as background checks, references and, where appropriate, police checks, of persons and businesses. You must also ensure you have all appropriate legal, insurance and other protections in place as are prudent in your given circumstances.

    Information about you : Always use caution when giving out any information about yourself, especially with respect to information which can be used to personally identify you. Disclosure of any personal information on a messaging service is at your own risk. The website and messaging services (including email) cannot be relied upon as being secure from unauthorized use or attack – in deciding what to send, post or otherwise transmit using a messaging service, you should assume that all such communication methods are not secure and exercise extreme caution.

    Hazards associated with driving lessons : You acknowledge that there are certain risks inherent in using the types of services which are advertised or listed on our website, including the risk of injury to you, your passenger, pedestrians, motor vehicles and other property. You acknowledge that (i) as between us and you, you accept full responsibility for all risks related to your contact with or use of any service or business which is listed or advertised on the website and (ii) we are in no way involved in or responsible for any loss or harm which may arise due to your use of any person or business's services listed on the website. Again, it is up to you to take such measures as are necessary and prudent to protect yourself, such as making prior investigations into any driving school business, they types of vehicles provided and the experience of the instructors. We can make no guarantees or representations as to the type of services you may receive through any person or business who features on the website, whether through a directory listing, advertisement or otherwise.

    Prohibitions as to your use of the website generally

    In addition to all other requirements in these Terms of Use, you must not use the website:

    • to bring us or the website into disrepute
    • in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation
    • to use any code or device referring to the website or otherwise to our network(s) to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Microsoft Explorer), or
    • to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the Website (except to the extent permitted by law).

    Linking

    The website may contain links to or from other external websites not operated by us ("linked sites"). The linked sites are not under our control and we are not responsible for the contents of or transmissions from any linked site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer.

    Please contact us to request permission if you would like to link to, frame or mirror any part of the website or to include a link in content you provide through a messaging service. You should not proceed without our express permission. However, since we cannot control external websites linking to our website, links should not be considered as our endorsement of any external website or business.

    Advertising and directory listings

    Advertising or directory listing(s) do not represent our endorsement of or warranties in relation to whatever is being listed or otherwise advertised.

    Intellectual property rights etc

    The website contains material that is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations. You must ensure you do not breach those rights and obligations and comply with any limitations on use, reproduction and/or dissemination. This applies to content we provide and content provided by others. You may not (i) re-use any content or website service in providing your own publications, website, other type of distribution service(s) or for the purpose of commercial re-supply, or (ii) reproduce content without our express permission or the permission of the copyright owner (except that you may print a copy of any page within the website for your own personal use). Except for the limited license expressly granted, nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you. As between you and us and except in respect of any content you provide, we own all intellectual property rights in connection with the website. Provision of the website, including any related content and services, may include the sublicensing of third party content, software, information systems and/or other material.

    Consumer guarantees

    All disclaimers in these Terms and Conditions and limitations on our liability to you are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability. Where services we supply to you are covered by the Australian Consumer Law ("ACL"), we guarantee that they will be provided with due care and skill taking into consideration the price you have paid for such services and any deficiencies of which we have advised you in these Terms of Use (or otherwise). If our services are covered by the ACL and fail to meet the consumer guarantees, you are entitled to:

    (i) for any major failure, a refund and compensation for your losses or damages which were reasonable foreseeable; or
    (ii) for a non-major failure and at our option, to have the services re-supplied by us or to be reimbursed the cost of their re-supply.

    DISCLAIMERS

    We draw your attention to the following additional disclaimers.

    General : The website, website functionality, messaging service(s) and all content are provided "as is", may contain inaccuracies and/or errors, may be unsuitable for your requirements and purposes and may not provide the results you desire. Your use of the website and related services is on the basis that you assume responsibility for all associated risks, whether or not foreseen.

    Technical aspects : Technical aspects of the website may be unreliable and we make no representation about the suitability, reliability, security, availability, timeliness or accuracy of any website functionality, messaging service(s), information, software, products, services and related graphics contained on the website.

    Content, directory listings and advertisements : We hope to provide general information, directory listings, advertisements and other content that is up to date, accurate and relevant. However, at the time you view certain content, it may be out of date, not true for the location(s) relevant to you, contain inaccuracies or errors or be otherwise untrue. We make no endorsements and no representations or statements as to the reliability, accuracy or suitability of any content, directory listings or advertisement for your specific purposes. You need to make your own independent inquiries and verifications as are appropriate and assume full responsibility for any reliance you place on any directory listings, advertisements or other content.

    Types and quality of services offered : We cannot guarantee, make no recommendations and accept no responsibility as to the types, prices or quality of services you may receive from any person or business listed in our website directory or otherwise advertising on our website. We undertake no vetting procedures of such businesses and you must make your own inquiries as prudent prior to deciding whether to engage the services of any person or business listed.

    Results to be achieved : We cannot guarantee, make no recommendations and accept no responsibility as to the results which may be achieved through using any service listed on our website. Learning to drive, improving your driving skills and passing driving tests include many variable factors which are well outside of our control and for which we accept no responsibility. We do however wish you the best of luck!

    Exclusion of warranties : We exclude all representations and warranties related to any goods or services we provide other than those expressly set out in these Terms of Use and those which by law cannot be excluded.

    OUR LIABILITY TO YOU

    In summary : in general, our liability to you (or anyone else) is limited to the lesser of the amount we have charged you (or, where no amount has been charged, $10) or the cost of us remedying any defect.

    In legal terms : to the maximum extent permitted by law, our total liability (including the total liability of our officers, directors, employees, agents, representatives and third party suppliers) to you or any other third party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of the fees we have charged you (or if we have not charge you any fees, $10) or the cost of us remedying any defect. All liability in respect of any special, indirect or consequential loss or damage is excluded (except for any consequential loss which cannot be excluded by law, such as that arising under the ACL). Liability limited by this section includes liability in any way related to:

    • the website functionality and any messaging service(s)
    • links by external websites to or from the website and the linked sites
    • advertising and directory listings on the website
    • content and/or your reliance on any content
    • the conduct of other website users and the conduct of any driving schools, and
    • support we may provide to you.

    To the maximum extent permitted by law, where liability cannot legally be limited in the above manner, then our liability in respect of any claim, at our option, is limited to the re-supply of our services or the payment of the cost of having the services supplied again. To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability is limited to the maximum extent permitted by law. You also agree to waive any claim which you may otherwise have against any of our third party suppliers.

    Changes to the Terms of Use

    At times we may change the Terms of Use by publishing an updated version on the website which will supersede all previous versions. Changes may be made to protect our interests and to reflect changes in the website and any products or services we offer. At all times you are free to terminate your use of the website and this agreement with us.

    Termination

    These Terms of Use may be terminated at any time and for any reason by:

    • you, by ceasing all further access to or use of the website; or
    • us, by ceasing to operate the website or advising you by email.

    Termination may be of immediate effect and without any prior notice. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.

    Miscellaneous

    You may contact us if you are experiencing any problems with any website user or business listed in our directory. Where we consider it appropriate we will endeavor to assist, however, you agree that we will never be involved in any dispute between you and any other website user or business listed in our directory.

    You may only use the website within Australia. As an individual, you must be at least eighteen years of age and an Australian resident. As a company you must be incorporated and conducting business within Australia. If you are accessing the website on behalf of a company, you must be duly authorized to accept these Terms of Use on behalf of that company. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. If you do not comply with these Terms of Use you should immediately cease all use of the website.

    These Terms of Use form the entire agreement between you and us with respect to the subjects set out in these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect. Any failure to assert any right under the Terms and Conditions does not constitute a waiver of such right. No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of that term. These Terms of Use are governed by and construed in accordance with the laws of Victoria and each party submits to the non-exclusive jurisdiction of the courts of Victoria.

    Definitions

    In addition to the definitions already set out:

    • "content" means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website or any messaging service
    • "including" and "includes" mean "including but not limited to" and "includes (without limitation)" respectively
    • "the website" means www.findmyinstructor.com.au and all content residing in that domain, including the website functionality, any messaging service(s), the layout, design and underlying code and systems
    • "we", "us" and "our" refers to Vigyan Agrawal trading as "Find my instructor" ABN 72 327 637 987.
    • "website functionality" means the nature, composition, features, availability, functions and all other aspects of the operation of the website, and
    • "you" and "your" refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).
  • Terms and Conditions – For Driving Schools

    This page sets out the Terms and Conditions for driving schools' membership and use of the website www.findmyinstructor.com.au . You should read these Terms and Conditions carefully. By submitting a membership application you agree to these Terms and Conditions, including the terms set out under the headings your safety and security, disclaimers and our liability to you.

    The aim of the website is to provide a publicly available mechanism to search for driving schools and compare rates and services offered. If you need to contact us, please email us using the Contact Us form or, for any urgent matters, you can call us on +61 1300 724 808.

    License to use the website

    Subject to you complying with these Terms and Conditions, we grant you a non-exclusive and non-transferable license to use the website for the following limited purposes:

    • To provide information about the driving lessons offered by your business
    • To receive messages from persons interested in using your driving lessons
    • To contact us.

    You may also print a copy of any page within the Website for your own personal use.

     

    Your promises to us

    You promise and agree to ensure that the following are at all times true:

    (i) you operate a legitimate driving school within Australia;

    (ii) you will only use the website and your website membership for the purpose of furthering your driving school business and in a manner that is appropriate and in accordance with the above license; and

    (ii) you abide by all applicable laws and regulations, you take all care and safety steps as are prudent for someone operating a driving school, including maintaining current insurance policies and you operate your driving school in a professional manner and within industry standard.

    Website membership

    By completing the online membership registration forms you are applying to us to become a member of the website. We will notify you by email as to whether your membership application has been accepted or rejected. We may, at our discretion, reject a membership application. In becoming a member you must ensure that all information you provide us is true and accurate and you should contact us as necessary to ensure it remains up to date.

    You are solely responsibility for ensuring the confidentiality and security of your membership credentials. You accept full responsibility for all use made of the website using your membership credentials. You should contact us immediately if you suspect or know of any unauthorized use of your membership credentials and you agree to comply with all reasonable security procedures which we may require you to undertake.

    Membership fees and payments

    In order to become a website member you must pay the fees as set out on the website. Unless otherwise indicated, all amounts stated on the website are exclusive of GST. Different fees may be payable depending upon the type of membership you register for. Should you fail to pay the membership fees or if there is a problem processing your payment after your membership application has been confirmed, we may cancel your membership and related services without notice to you.

    Fees may be subject to increase over time. Any fee increases will apply to your membership as from the next date a withdrawal is due to be made from your account. If you do not agree to any fee increases you may terminate your membership (see Ending your membership). Any special offers we may advertise may be for a limited time or quantity.

    You will be charged an initial joining fee, an on-going monthly membership fees, an up-front payment or according to such other fee structure as we may advise and make available on the website at the time of submitting your membership application. A joining fee must be paid at the time of submitting your membership application and any up-front or regular on-going payments (such as monthly charges) will be charged to your account in advance.

    Payments are usually processed through PayPal ABN 93 111 195 389 (or any other third party payment gateway as we may make available on the website). You authorize our third party payment gateway to make direct debits to your nominated bank account for the amount and at the times or intervals as stated on the website at the time of your membership application. To process your payment, our third party payment gateway may require you to accept their own separate terms and conditions. The name that will appear on your bank statement in respect of these withdrawals is the business name "Find my instructor".

    Messaging services

    By "messaging service" we mean any communication facility offered over the website to enable communications between any website user and you as a driving school listed in our directory. Messaging services may only be used for the limited purposes for which you are granted a license for the website (see License to use the website). If you provide information (whether personal or not) through a messaging service you must ensure that it is true, accurate, up to date and not misleading. Your use of any messaging service must at all times be reasonable and appropriate and you should not (i) transmit content that is sexual, obscene, defamatory, disparaging, offensive, abusive, harassing or threatening, discriminatory or liable to incite racial hatred or which could in any other way reasonably be considered to be inappropriate; (ii) exploit or embarrass someone, provide any image or information about someone without their consent or impersonate someone; or (iii) promote, provide information about, cause or contribute to an activity which is unlawful or the infringement of the intellectual property, publicity, privacy, confidentiality or any other legal rights of any person. We have the right (but not the obligation) to monitor use of the messaging service(s) and we may intervene in or prohibit communications as we determine to be appropriate. Like email, once a message is sent it generally cannot be retracted, so please exercise care prior to sending any messages.

    Limitations on our involvement and services

    Our website is available to the general public and therefore we do not vet or monitor any person who may contact you through the website. In addition, you agree that (i) in no way do we act as an employer or contractor of driving schools, a broker or any type of referral service and (ii) in no way are we involved in any aspect of the relationship between you and any other website user – any contact or relationship you establish is purely a matter between you and that user.

    YOUR SAFETY AND SECURITY

    Dangers of internet based introductions : Similar to forms of print advertising, there are risks inherent in dealing with persons whom you have come across or been introduced to over the internet and who come into contact to without personal referral or background checks – as will be the case with any website user who contacts your through the messaging service(s). These risks include the risks of physical harm, fraudulent activity, dealing with underage persons and dealing with people acting under false pretenses. You accept full responsibility for all risks involved and must make your own independent business decisions and inquiries as you deem appropriate to satisfy yourself as to the suitability of any person contacting you to use your driving school services and, in general, as to the accuracy and reliability of any information sent through the messaging service(s). You must also ensure you have all appropriate legal, insurance and other protections in place as are prudent in your given circumstances.

    Information about you : Disclosure of any personal information on a messaging service or in a directory listing is at your own risk. Always use caution when giving out any information about yourself or your business, especially with respect to information which can be used to personally identify you. The website and messaging services (including email) cannot be relied upon as being secure from unauthorized use or attack – in deciding what to send using a messaging service you should assume that all such communication methods are not secure and exercise caution.

    Hazards of operating a driving school : You acknowledge that there are certain risks inherent in your business activities as a driving school operator, such as the risk of injury to you, your passenger, pedestrians, motor vehicles and other property. You acknowledge you accept full responsibility for your business related risks and that we are in no way involved in or responsible for any loss or harm which may arise due to your actions or inactions, the actions or inactions of others or, generally, due to the nature of your business. Again, it is up to you to take such measures to protect yourself and your business as are prudent for your type of business. We can make no guarantees or representations as to the type of customers you may receive through your directory listing on the website.

    Website functionality and suspension of service

    The website functionality is a dynamic part of our business and may change over time. In general, changes to website functionality will happen without you receiving notice and may include the addition or removal of content and/or services. If you are not satisfied with any changes to the website functionality, you may terminate your membership (see Ending your membership below).

    For business, technical and other reasons, the website (and its various components) will not operate on a continuous basis and may be unavailable from time to time, such as for maintenance purposes. Operation of the website and your access to certain website functionality may also be temporarily or permanently suspended for various reasons and at our discretion. Suspensions may apply to you individually or to all (or any group of) website users.

    Prohibitions as to your use of the website generally

    In addition to all other requirements in these Terms and Conditions, you must not use the website:

    • to bring us or the website into disrepute;
    • in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation;
    • to use any code or device referring to the website or otherwise to our network(s) to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Microsoft Explorer); or
    • to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the Website (except to the extent permitted by law).

    Linking

    The website may contain links to or from other external websites not operated by us ("linked sites"). The linked sites are not under our control and we are not responsible for the contents of or transmissions from any linked site. Where we provide links, we do so for convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer.

    Please contact us to request permission if you would like to link to, frame or mirror any part of the website or to include a link in content you provide through a messaging service. You should not proceed without our express permission. However, since we cannot control external websites linking to our website, links should not be considered as our endorsement of any external website or business.

    Advertising and directory listings

    Any advertising or directory listing(s) do not represent our endorsement of or warranties in relation to whatever is being listed or otherwise advertised.

    Intellectual property and other rights

    The website contains material that is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations. You must ensure you do not breach those rights and obligations and comply with any limitations on use, reproduction and/or dissemination. This applies to content we provide and content provided by others. You may not (i) re-use any content or website service in providing your own publications, website, other type of distribution service(s) or for the purpose of commercial re-supply; or (ii) reproduce content without our express permission or the permission of the copyright owner (except that you may print a copy of any page within the website for your own personal use). Except for the limited license expressly granted in these Terms and Conditions, nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights to you. As between you and us and except in respect of any content you provide (see below), we own all intellectual property rights in connection with the website.

    We do not claim ownership in any content you provide for publication on the website ("content you provide"), such as your logo, business name or business description. You grant us, our affiliates and sublicensees, a perpetual, non-exclusive, royalty-free, worldwide and transferable license to use the content you provide for the purpose of operating our website. You represent and warrant to us that you have all necessary rights to grant this license.

    Information about you

    You agree to ensure you keep your contact (and other) details with us up to date, accurate and working. If you need to update any details you may do so through your member login or by contacting us. Upon our request, you agree to provide us with identification and other information as we may reasonably require to verify your identity, your compliance with the Terms and Conditions or as may be required by any law or government agency. We may also collect and disclose information about you in the instances set out in our Privacy Policy.

    Ending your membership

    You may terminate your membership and these Terms and Conditions at any time by emailing us using the Contact Us form. We reserve the right to terminate your membership, restrict functionality available to you and/or refuse service to you (i) if we believe you are in breach of these Terms and Conditions or any law or the legal rights of any person, (ii) if we believe you are using the website in an inappropriate way or outside its intended purposes or (iii) for other business reasons, such as ceasing to operate the website. Termination may be of immediate effect and without any prior notice. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.

    Limited refunds.

    Refunds are only available in the limited instances mandated by the Australian Consumer Law (and any other applicable laws or regulations) as set out below under the heading Consumer guarantees. Refunds are not available if you simply change your mind about being a website member. If we terminate your membership we will provide a pro-rata refund of your membership fees which have been paid in advance for the remaining period of your membership, unless we terminate because you do not comply with these Terms and Conditions. Pro-rata refunds are calculated on monthly basis only.

    Consumer guarantees

    All disclaimers in these Terms and Conditions and limitations on our liability to you are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability. Where services we supply to you are covered by the Australian Consumer Law ("ACL"), we guarantee that they will be provided with due care and skill taking into consideration the price you have paid for such services and any deficiencies of which we have advised you in these Terms and Conditions (or otherwise). If our services are covered by the ACL and fail to meet the consumer guarantees, you are entitled to:

    • for any major failure, a refund and compensation for your losses or damages which were reasonable foreseeable; or
    • for a non-major failure and at our option, to have the services re-supplied by us or to be reimbursed the cost of their re-supply.

    DISCLAIMERS

    We draw your attention to the following additional disclaimers.

    General : The website, website functionality, messaging service(s) and all content are provided "as is", may contain inaccuracies and/or errors, may be unsuitable for your requirements and purposes and may not provide the results you desire. Your use of the website and related services is on the basis that you assume responsibility for all associated risks, whether or not foreseen.

    Technical aspects : Technical aspects of the website may be unreliable and we make no representation about the suitability, reliability, security, availability, timeliness or accuracy of any website functionality, messaging service(s), information, software, products, services and related graphics contained on the website.

    Content : We hope to provide general information, commentary, advertisements, directory listings and other content that is up to date, accurate and relevant. However, at the time you view certain content, it may be out of date, not true for the location(s) relevant to you, contain inaccuracies or errors or be otherwise untrue. We make no endorsements and no representations or statements as to the reliability, accuracy or suitability for your purposes of any content, directory listings or advertisements.

    Third party payment gateway : The security of any payments made using our third party payment gateway is dependent upon the security procedures of that gateway provider and we in no way guarantee or make any recommendations as to the security or reliability of their systems. Any use of their payment systems is entirely at your risk and you agree that we are in no way responsible for any inadequacy in the security measures, failures in the security of the payment systems, loss or theft of your personal payment information or otherwise. If you are not comfortable accepting these risks you may contact us to arrange an alternative payment method.

    Results to be achieved : We cannot guarantee and make no recommendations as to the results which may be achieved through using our website and related services. It is for you to monitor the efficacy of using our website to increase your customer base and to determine for your business circumstances whether or not your continued use of our website will achieve the results you desire.

    Exclusion of warranties : We exclude all representations and warranties related to any goods or services we provide other than those expressly set out in these Terms and Conditions and those which by law cannot be excluded.

    OUR LIABILITY TO YOU

    In summary : in general, our liability to you (or anyone else) is limited to the lesser of the amount we have charged you (or, where no amount has been charged, $10) or the cost of us remedying any defect.

    In legal terms : to the maximum extent permitted by law, our total liability (including the total liability of our officers, directors, employees, agents, representatives and third party suppliers) to you or any other third party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of the fees we have charged you (or if we have not charge you any fees, $10) or the cost of us remedying any defect. All liability in respect of any special, indirect or consequential loss or damage is excluded (except for any consequential loss which cannot be excluded by law, such as that arising under the ACL). You also agree to waive any claim which you may otherwise have against any of our third party suppliers. To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability shall be limited to the maximum extent permitted by law.

    YOUR LIABILITY TO US

    You agree to indemnify us (including our officers, directors, employees, agents, representatives and third party suppliers) from and against all losses, damages, costs, expenses, claims and legal proceedings of any nature whatsoever in relation to (i) your breach of any law, regulation or the legal rights of any person and (ii) any third party claim against us related to something you have done or failed to do.

    Changes to the Terms and Conditions

    At times we may change the Terms and Conditions by publishing an updated version on the website which will supersede all previous versions. Changes may be made to protect our interests and to reflect changes in the website and any products or services we offer. Where we make substantial changes to these Terms and Conditions which are detrimental to you, you may terminate your membership without any further charge or penalty (other than those already accrued at the point of termination).

    Miscellaneous

    You may contact us if you are experiencing any problems with any website user. Where we consider it appropriate we will endeavor to assist, however, you agree that we will never be involved in any dispute between you and any other website user.

    You may contact us if you are experiencing any problems with any website user. Where we consider it appropriate we will endeavor to assist, however, you agree that we will never be involved in any dispute between you and any other website user.

    You agree that notices and all other communications are effectively given to you if they are sent to your last advised email address. Please ensure you keep us up to date with your current working email address.

    These Terms and Conditions form the entire agreement between you and us with respect to the subjects set out in these Terms and Conditions. If any provision of these Terms and Conditions is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect. Any failure to assert any right under the Terms and Conditions does not constitute a waiver of such right. No waiver of any term of the Terms and Conditions will be deemed a further or continuing waiver of that term. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria and each party submits to the non-exclusive jurisdiction of the courts of Victoria.

    Definitions

    In addition to the definitions already set out:

    • "content" means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website or any messaging service
    • "including" and "may include" mean "including but not limited to" and "may include (without limitation)" respectively
    • "member" means any person or business who we have accepted as a member of the website
    • "membership credentials" means the username, password or any other information which is used to access a membership account
    • "the website" means www.findmyinstructor.com.au and all content residing in that domain, including the website functionality, any messaging service(s), the layout, design and underlying code and systems
    • "we", "us" and "our" refers to Vigyan Agrawal trading as "Find My Instructor" ABN 72 327 637 987
    • "website functionality" means the nature, composition, features, availability, functions and all other aspects of the operation of the website
    • "you" and "your" refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).