KimBiz's mission is to offer a safe, easy to use website to promote interaction within local communities and promote the use of local businesses.
2. ABOUT THE KIMBIZ WEBSITE
http://www.KimBiz.biz (the Site) is owned and operated by KimBiz (ABN 25 179 274 014). We provide the Site as a venue for members of the public (Users) to access listings of businesses, provide reviews on local businesses (Local Business) and to engage with other Users. There is also regional community information featuring a Kimberley-wide calendar of events, sports fixtures, weather and tides.
4. KIMBIZ POLICY ACKNOWLEDGEMENT
5. YOUR ACCESS/USE IMPLIES AGREEMENT
You are only eligible to access and use the Site if you are over the age of 16.
You must keep your username and/or password for the Site confidential and free from unauthorised use.
9. LOCAL BUSINESS INFORMATION
We publish data and information about Local Businesses on the Site.
We make no representations or warranties about the truth, accuracy, completeness, security or currency of the content or information contained on our Site (Our Content), including the competence, character or identity of any Local Businesses listed on the Site.
10. ACCESS TO THE KIMBIZ WEBSITE
You are allowed to view, use, copy, and distribute the Materials found on KimBiz for internal, non-commercial and informational purposes only. However, you are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to KimBiz. You may not use KimBiz or any of our related websites to compile a collection of listings, including but not limited to a competing listing product or service.
11. SUBMISSION OF CONTENT
You acknowledge that all content (including text, images and any other data) submitted
to or through us (whether this be via email, comment form, blog, enquiry, posting of review
or recommendation or by any other means) (Your Content) will not be considered
confidential or proprietary and we are under no obligation to keep such information
You must not submit information that:
a. you do not have the right to disclose or make available under any law or
b. publicly reveals your identity or sensitive or confidential personal under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
c. information about yourself or others such as an email address, phone number or address; and;
d. would infringe the intellectual property rights of third parties.
By submitting Your Content through the Site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium and for any purpose, including commercial purposes, and to authorise others to do so.
12. USE OF CONTENT
Your Content may be seen and used by other Users and Local Businesses. We are not
responsible for misuse or misappropriation of any of Your Content.
We do not endorse, support, sanction, encourage, verify or agree with Your Content including without limitation the comments, opinions, or statements posted or otherwise contained on the Site.
We reserve the right, but have no obligation to, amend, supplement, delete or update Our Content and Your Content, without notice to you and at our sole discretion. However, if we become aware of any defamatory, misleading, false or offensive material in Your Content, we will remove such material.
13. OUTBOUND LINKS
The Site may contain links to third party websites which in turn may contain hyperlinks
to further third party sites (known collectively as Linked Sites,). These are provided
for your convenience only and you are responsible for evaluating whether you want to use a
We do not control, we are not responsible for and we do not endorse any features, content, advertising, products or other materials on or available from a Linked Site.
You acknowledge that we may receive payments and/or commissions from operators of Linked Sites as a result of your click-throughs to the Linked Site from our Site.
14. LOCAL BUSINESS LISTINGS
If you are a Local Business, you acknowledge by submitting or claiming a business
listing to the Site (Listing)that:
a. you are a director of the company, the business owner, or have authority to speak directly on behalf of the company director or business owner;
b. all information you submit is correct, accurate to the best of your knowledge and that you agree to its publication without conditions;
c. you will be held responsible for the accuracy of all data that you submit;
d. you are the rightful and legal owner of any trade mark, logo or other insignia that you provide for publishing on the Site; and
e. you are legally responsible for everything the you submit and indemnify us against any claim in law, equity or otherwise which may arise from you posting any content on to the Site.
A Local Business may request removal of the Listing at any time.
15. SUBMISSION OF RECOMMENDATION, REVIEW, VOTE UP AND VOTE DOWN
You acknowledge and agree that the recommendation, review and voting
(Ratings)system (Ratings System) is in place for Users to inform other
Users about the experiences Users have had with a Local Business.
By submitting a Rating, Users acknowledge and agree to the following:
a. that everything the User posts in the Rating is true and accurate to the best of the User's honest knowledge and belief;
b. that the User has been a customer of the Local Business for which the User is submitting a Rating and the User has no connection (other than a customer-business relationship) to the owner or any employee of the Local Business or any trade competitor of that business;
c. that the vote down system on the Site is only to be used to indicate the User's displeasure with a particular business;
d. that the User's Rating may, or may not, affect a Local Businesses rating;
e. that the User may submit as many Ratings as the User wishes, but the User may only submit one Rating for each Local Business during a 12 month period;
f. that the User is legally responsible for everything the User submits and indemnifies us against any claim in law, equity or otherwise which may arise from the posting of the User's Rating on the Site; and
g. that the User must not identify the name of any employee or agent of the Local Business.
Any comments a User submits with a vote down rating will be sent to the Site administration team and will not be published until investigated, but your Rating will contribute to the overall rating of that business. The User's comments including any Personal Information of the User, may be released where a claim is made that the User has breached any law.
16. PAYMENT FOR PREMIUM SERVICES
If you purchase any services that we offer for a fee, either on a one-off or subscription
basis (Premium Services) you agree to pay the applicable fees, as they become due
plus all related taxes, and to reimburse us for all collection costs and interest for any overdue
Your obligation to pay fees continues through to the date you cancel your subscription to the Premium Services.
All fees and charges are non-refundable and there are no refunds or credits for partially used periods.
You acknowledge that the Site is a venue only and we are not a party to, and do not participate in any transaction between you and any Local Business or other User. So if a dispute arises in relation to a transaction, please seek professional advice rather than contacting us.
18. OWNERSHIP OF INTELLECTUAL PROPERTY
You acknowledge that all materials displayed on the Site, including without limitation all
information, text, materials, graphics, software, tools, results derived from the use of software
and tools, advertisements, names, logos and trademarks on the Site (Intellectual
Property Rights) are our property or the property of their respective owners and are
protected by copyright, trademark and other intellectual property laws unless expressly
indicated otherwise on the Site.
You may not contact any business listed on this Site, using the contact details they have published on this Site, to approach them in regards to offering online advertising packages.
19. LIABILITY AND INDEMNIFICATION
To the extent the law permits, neither we, nor our directors, officers, agents, employees
or contactors will be liable for any loss or damage, however, arising (whether in negligence
or otherwise), in connection with your use of the Site, any Linked Site or Our Content or any
omissions from Our Content.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal costs) related to all third party claims, charges, liabilities and investigations caused by:
b. any activity in which you engage yourself, or through us.
To the extent permitted by law, the Site is provided to you 'as is' without warranty, either
express or implied, statutory or otherwise, including but not limited to the implied warranties
of truth, accuracy, reliability, title, merchantability, non-infringement of third parties' rights,
and fitness for any particular purpose, or any other warranty, condition, guarantee or
representation (whether oral or in writing), including but not limited to the accuracy or
completeness of any information contained therein or provided by Us.
You acknowledge that your use of the Site, your Content, Our Content, Listings and Linked Sites is entirely at your own risk.
We do not accept responsibility for any interference or damage to your computer system or data which arises in connection with your use of the Site.
Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Site.