Terms and Conditions

INTRODUCTION

These terms and conditions apply to all manners of use and access to all webpages accessible via the Universal Resource Locator (URL) of www.anyones.com or anyones.com ("this web site"). In using this web site, you agree to be bound by these terms and conditions and any applicable laws and regulations. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site that we may publish on this web site from time to time.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS WHOLLY AND UNCONDITIONALLY, YOU MUST REFRAIN FROM USING THIS WEB SITE AND YOU MUST LEAVE THIS WEB SITE IMMEDIATELY.

OPERATIVE CLAUSES

By using this website, you acknowledge and agree to all of the terms and conditions contained herein, wholly and unconditionally, and which are as follows:

1. Terminology and Interpretation

1.1

In these terms and conditions, the expressions "we", "us" and "our" are references to Ecometrix Pty Limited, a company registered under the laws of Australia. Our email address is info@anyones.com. The expressions "you", and "your" are references to you as a visitor or user of this web site.

1.2

In these terms and conditions:

headings and underlinings are for convenience only and do not affect the interpretation of these terms and conditions;
a provision of these terms and conditions will not be interpreted against a party just because that party prepared the provision;
a word or expression in the singular includes the plural, and vice versa;
words importing a gender include any gender;
other parts of speech and grammatical forms of a word or phrase defined in these terms and conditions have a corresponding meaning;
a reference to a statute includes an amendment or re-enactment to that legislation and includes subordinate legislation in force under it;
a reference to a document includes an amendment or supplement to, or replacement or novation of, that document;
a reference to a party to this or any other agreement includes that party's successor and permitted assigns;
a reference to an agreement other than these terms and conditions includes an undertaking, agreement or legally enforceable arrangement or understanding whether or not in writing;
a reference to a recital, a clause, a Schedule, or an Annexure is a reference to a recital, a clause of, a Schedule to, or an Annexure to these terms and conditions;
and
a reference to a clause includes a reference to a subclause.

2. Information service

2.1: This website is an information service. It is not an auction service, or any other service. We are not an auctioneer. We publish information regarding domain names and other matters on this web site from time to time. Sometimes the information we publish includes our own opinions and sometimes we also acquire third party opinions for publication on our web site. Any opinions of third parties published on our web site remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of those opinions or their fitness for any particular purpose.

3. General information only

3.1: You accept that any information provided on this web site is for general information purposes only and is not in the nature of advice. While we do not intend to mislead or deceive you, we do not make any representations or warranties that the information we provide is up to date or complete or that your access to that information will be uninterrupted, timely or secure.
3.2: You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information, material or opinions on this web site.
3.3: Generally, the information contained on this web site relates to domain names that, to the best of our knowledge, are registered to us. Sometimes the domain names that are listed on this web site may be registered by third parties who we think may be interested in transferring the domain names for consideration.
3.4: The listing of domain names on this web site is not, and is not intended to represent, an offer to transfer the registration in the domain names. To the contrary, the listing of domain names on this web site is an invitation to treat: a request from us to you to make an offer to engage in negotiations for the transfer of domain name/s listed on this web site to you.
3.5: If you wish to make an offer to acquire the registration of any domain names listed on this web site, please contact us via the contact details listed on this web site.

4. Limitation of liability

4.1

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following (at our option):

if the breach relates to goods,
1. the replacement of the goods or the supply of equivalent goods,
2. the repair of such goods,
3. the payment of the cost of replacing the goods or of acquiring equivalent goods or
4. the payment of the cost of having the goods repaired; and
if the breach relates to services,
1. the supplying of the services again or
2. the payment of the cost of having the services supplied again.

4.2

Except as otherwise stipulated in these terms and conditions, and to the extent permitted by law, we will not accept liability to you in respect of any loss or damage (including direct, indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to information you directly or indirectly acquire from this web site.

5. Specific warnings

5.1: You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
5.2: You agree to use our web site for lawful purposes only.
5.3: You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
5.4: Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

6. Advertisements

6.1: Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products or services and each advertiser is solely responsible for any representations made in connection with its advertisements.

7. Copyright

7.1

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software and the arrangement and layout of this web site) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

adapt, reproduce, store, distribute, link to, cross reference, print, display, perform, publish or create derivative works from any part of this web site; or
commercialise any information, products or services obtained from any part of this web site,

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

8. Trade marks

8.1

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

8.2

You may only use our trade marks if we have given you our prior written consent for you to do so.

8.3

If you use any of our trade marks in reference to our activities, products or services (including this web site), you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products or services (including this web site).

9. Restricted use

9.1: Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell any information obtained from this web site.

10. Linked web sites

10.1: This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
10.2: We are not responsible for the content or privacy practices associated with linked web sites and by visiting any linked web site, you do so at your own risk.
10.3: Our links to linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on, or linked to from, those linked web sites.

11. Security of information

11.1: Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

12. Termination of access

12.1: Access to this web site may be terminated at any time by us without notice. These terms and conditions will nevertheless survive any such termination.

13. Governing law

13.1: These terms and conditions are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

14. General

14.1: To the extent permitted by law, we accept no liability for any failure to comply with these terms and conditions.
14.2: If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
14.3: These terms and conditions do not authorise any party to bind the other party in any way by any warrant, deed, contract, representation or order written or oral or by any instrument or action of any kind whether in its own name or the name of the other or otherwise nor will either party refer to or use the otherâ€™s name or the name of any director, officer or consultant of the other party either alone or in any combination whatsoever and whether in any labelling, publication, article or any form of advertising or publicity or otherwise except with the specific written consent of the other party hereto.
14.4: If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

15. Force Majeure

15.1

Force Majeure means a circumstance beyond our reasonable control which results in us being unable to observe or perform on time any of our obligations. Such circumstances shall include but shall not be limited to:

acts of God, lightning strikes, earthquakes, floods, droughts, storms, tempests, mud slides, washaways, explosions, fires and any natural disaster;
acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and
email server failure, technical failure, coding errors, failure of web servers or payment gateways or other technical glitches, errors, defects, or matters that render the website inaccessible, unusable or performing in a manner which we do not intend it to perform.

15.2

We shall not be liable for any delay or failure to perform our obligations under these terms and conditions or otherwise if such delay is due to Force Majeure.

15.3

If a delay or failure by us to perform our obligations is caused or anticipated due to Force Majeure, the performance of our obligations will be suspended.

15.4

If a delay or failure by us to perform our obligations due to Force Majeure exceeds sixty (60) days, we may immediately terminate your use of the website.

16. Acknowledgement of your acceptance of our terms and conditions

16.1: By visiting the web site, you acknowledge that you have read, understood and accepted the above terms of use. If you do not accept the above terms of use you must leave this web site immediately.

17. Privacy

17.1

We may collect web site visitors' contact information (like their e-mail addresses). Unless you object, this information may be used:

to send news, information about our activities and general promotional material which we believe may be useful to you;
to monitor who is accessing this web site or using services offered on this web site; and
to profile the type of people accessing this web site.

17.2

If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.

17.3

We may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

17.4

We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

17.5

If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
we are required by law to disclose the information.

17.6

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.

17.7

Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

17.8

Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.

17.9

All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

17.10

We consider it is the responsibility of parents to monitor their children's use of our web site. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.

17.11

You are entitled to have access to any personal information relating to you which you have previously supplied to us over this web site. You are entitled to edit or delete such information unless we are required by law to retain it.

17.12

If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, please contact us by sending an email to info@anyones.com.