THE FOLLOWING DESCRIBES THE TERMS ON WHICH FIND® OFFERS YOU ACCESS TO OUR SERVICES.
This User Agreement (“Agreement”) is a contract between you and Find Marketing Pty Limited ABN 19 123 897 030 and applies to your use of the Find® payment service and any related products and services available through www.findmarketing.com.au or www.findfast.com.au or through your mobile phone or other wireless device (collectively the “Service”). Find Marketing Pty Limited (hereafter ‘Find®’) provides the Service to you.
We may amend this Agreement and Policies at any time by providing notice of upcoming changes by posting the amended terms on our site. You can review the current Agreement prior to initiating a transaction at any time on our site.
In this Agreement, “you” or “your” means any person or entity using the Service (“Users”). Unless otherwise stated, ” Find®,” “we”, “our” or “us” will refer collectively to Find Marketing Pty Limited and where relevant its related companies. Unless otherwise specified, all references to a “bank” in this Agreement include banks, credit unions and all entities authorised to carry on general banking business under Australian law, and all references to a “credit card” include Visa- and MasterCard-branded debit cards.
To use the Service you must register as a Customer, Franchisee, Reseller, Non-Profit or Business account. Users may only hold one account. Our Services are only available to individuals or businesses that can form legally-binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), or to persons who are suspended from our Service.
Please review these policies carefully as they are the terms of sale that govern your purchases. They set out your rights and obligations with respect to your product purchases, including important limitations and exclusions. Your placement of an order at one of the Find® sites constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
To learn about Find®’s refund policy, please refer below. Please note there may be limitations on your right to obtain a refund for product purchases.
This Policy was last modified on 16 January 2015.
This Agreement commences on the day you sign the Agreement and, unless you and we agree otherwise, will continue for the period set out in the Agreement details form (if any) or if no period is specified, until termination in accordance with this Agreement has been provided to you.
If you would like product and pricing information, the Find® Reseller Team is available to assist you. Call the Find® Telesales Team during the hours of Mon-Fri 10:00 a.m. – 4:00 p.m. Eastern Standard time, on 1-300-88-38-30.
Find® offers products to end user customers only. You may not purchase products for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing for resale.
Find® will send you a confirmation of your order via email if you have included an email address with your order.
Find® allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order.
Find® will invoice you immediately or at a later stage depending on the type of product you have purchased and once an approved authorized order form, commercial credit application, verbal agreement with a sales person or equivalent contract by Find® has been receipted. The invoice may indicate payment by installments or in full depending on the payment option chosen. You must pay all fees and charges as set out in the approved and authorised order form, as stated over the phone by a sales person or equivalent contract upon receipt of a tax invoice on the payment dates set out in that document. At our discretion, you may receive several invoices or just one invoice if you have purchased more than one product. We reserves the right to decide whether to charge the set up fee/s at the time of entering into an agreement or at a later stage.
Find® reserves the right to change the price for the purchase and ongoing supply of Find® products at any time. You consent to any increased price rises and/or additional charges from time to time. You consent to these price increase and/or additional charges being included in any periodic direct debit authority granted to Find®.
Whether you order online or phone in your order to Find®, you may pay by credit or debit card. When you provide us with your card information, we will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. We will not bill your credit card or process a transaction under your debit or check card until your order is approved.
Find® accepts Visa and MasterCard cards. We are unable to accept credit or debit cards associated with a billing address outside of Australia.
Debit cards may have daily spending limits that could delay the processing of your order substantially.
We require the credit or debit card security code for your card for any telephone or online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the on the back of your card, on the signature panel (if Visa or MasterCard).
We may charge you a payment processing fee if you pay by credit card. Currently the fee is 2% (inclusive of GST) if payment is made by MasterCard or Visa card. This percentage may vary form time to time. We will notify you if these percentages increase.
You acknowledge that it is your sole responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of credit card payments. Should your account exceed the payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor’s fees and any out of pocket expense will be your liability. Alternatively, we may place a default against you with a credit reporting agency.
You, each of your partners (if a partnership), each of your directors (if a company) agree and acknowledge that we may, at any time, disclose your information, whether obtained verbally, or contained in the order form or credit application, to our solicitors, collection agency, credit reporting agency or another credit provider in accordance with the Privacy Act 1988(Cth).
Find® accepts cashier’s checks and money orders as valid forms of payment. Personal or business checks are not accepted. The cashier’s check or money order must be payable to Find Marketing Pty Ltd and include your order number or invoice number. Please mail your payment and a copy of your order acknowledgment to:
Find Marketing Pty Ltd.
PO Box 2122
Ringwood North, VIC 3134
We must receive your payment within 10 calendar days or we will cancel your order. Please allow one business day for order processing after we receive your payment.
A Recurring Payment is a payment in which you provide an advance authorization to a Find® to charge your account directly on a one-time, regular, or sporadic basis. Recurring Payments are sometimes called “Subscriptions” or “Preapproved Payments”
Find® can organise for your Recurring Payment to be direct debited from a specified bank account or credit card nominated by you. If you choose to authorise Find Marketing Pty Ltd to debit fees from your nominated financial institution account. The Direct Debit Service Agreement must be read when completing the Direct Debit Request form.
The Direct Debit Request (DDR) Service Agreement is issued by Find Marketing Pty Ltd (ABN 19 123 897 030). You should direct all enquiries about your direct debit to the Find® Operations Team on 1300 88 44 17 or via email: info@findmarketing.com.au. If you would like to implement a direct debit to pay for your order, please follow these steps:
Contact Find® or a nominated Reseller and place an order.
Obtain the final dollar total of your order including tax and any applicable shipping charges from the Reseller representative.
If direct debiting a bank account, read the Direct Debit Service Agreement (DDSA) and fill in the DDR form that will be supplied, alternatively if direct debited a Credit card, simply fill in the supplied CCR form.
Reference your order number, sign the relevant DDR or CCR and send to:
Find Marketing Pty Ltd
Att: Operations Team
PO Box 2122
Ringwood North, VIC 3134
Please allow at least three business days for the processing of your DDR or CCR as processing time varies among banking institutions can be delayed due to institution policies.
In addition to any other amounts you pay us under this Agreement, if any payment you have made to us is dishonored or otherwise not received by us because of insufficient funds in your account, your nominated bank or we may charge you a dishonor fee. The amount of that fee various between institutions and we charge a $16.50 (including GST), or such other amount as notified to you by us from time to time.
You may cancel a Recurring Payment at any time by contacting your Reseller representative or Find® directly via email or telephone. If you cancel a Recurring Payment you may still be liable to Find® for the payment of products purchased and be required to pay us through alternative means.
If you believe an unauthorized transaction or error has taken place it is your responsibility to notify FIND® by contacting us on 1300-88-38-30 or write to Find Marketing Pty Ltd at PO Box 2122, Ringwood North, VIC 3134 as soon as you can. We must hear from you as soon as possible after the problem or error has appeared on your online statement.
If you initially provide information to us via the telephone, we may require that you send your complaint or question in writing within 10 working days. In this circumstance, please complete the declaration as directed by the FIND® customer service representative and mail it to PO Box 2122, Attn: Error Resolution Department, Ringwood North, VIC 3134 Australia.
We will advise you of the results of our investigation within 10 working days after we hear from you and, if we have made an error, we will correct it promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your Account within 10 days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your question or complaint in writing and we do not receive it within 10 working days, we are not required to provisionally re-credit your Account.
At the end of our investigation, we will advise you of the results within three (3) working days. If we determine that there was no error, we will send you a written explanation and we may debit any provisional credit and any fees in relation to the alleged error. You can ask for copies of the documents that we used in our investigation. However, in some circumstances we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose.
If we do not complete a transaction on time or credit you with the correct amount, according to our agreement with you, we will be liable for your losses or damages directly caused by this failure. However, there are some exceptions. For instance, we will not be liable if:
If we discover a processing error, whether the error is in your or FIND®’s favour, we will rectify the error. If the error results in your receiving less money than you were entitled to, FIND® will credit your account for the amount of money you should have received. If the error results in your receiving more money than you were entitled to, then we reserve the right to correct the transactions that were incorrectly executed, regardless of the nature and cause of the error.
You agree to pay Find the agreed price for products purchased when they fall due. This payment obligation will survive termination (for Whatever reason) or expiry of this Contract.
You agree to pay Find the full amount or installment amount specified on the invoice by the due date.
You agree to pay Find interest, on any unpaid amounts owing, at the current cash rate, from the date the amount becomes due until it is paid in full, if you fail to pay Find the specified amount/s owing by you to Find specified on the invoice by the due date. It is in Find’s absolute discretion to suspend and/or cancel any of or all of your products that you have purchased.
For the purpose of this agreement:
If a party makes a taxable supply in connection with this Agreement for a consideration, which represents its value, then the party liable to pay for the taxable supply must also pay, at the same time and in the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.
If this Agreements requires you to pay, reimburse or contribute to an amount paid or payable by us in respect of an acquisition from a third party for which we are entitled to claim an input tax credit, the amount required to be paid, reimbursed or contributed by you will be the value of the acquisition by us plus, if our recovery from the you is a taxable supply, any GST payable under this agreement.
Where the consideration for a product is payable by installments, You must pay us the entire amount of GST applicable to that product (without deduction or set-off) at the earlier of a demand by us or the due date for payment of the first installment. We will provide you with a Tax Invoice.
The estimated completion date on your order is based on product availability, production time availability, payment processing time, and administration processing time and does not include transit time. FIND® does not begin payment processing until we receive all the information that we need and full payment or a full authorization, in the case of credit card payments.
FIND® will begin payment processing for orders placed on weekends or holidays on the next business day. Business days are Monday through Friday, excluding public holidays.
Please review the Product Availability section below for more information regarding order processing and product availability times.
FIND® endeavors to offer you competitive prices on all current FIND® products. Your total order price will include the price of the product on the day plus any applicable tax and shipping charges. Find reserves the right to change prices for products displayed at FIND® sites at any time and particularly to correct pricing errors that appear on the site.
Should FIND® reduce its price on any product within 14 calendar days of purchase, you may contact the FIND® Sales Support Team at 1-300-88-38-30 to request a refund or credit of the difference between the price you were charged and the current purchase price. To receive the refund or credit you must contact Find within 14 calendar days of the price change.
Should FIND® vary this contract or any product and we reasonably consider that the variation is likely to benefit you or have a neutral impact on you, we can make the variation immediately and do not need to tell you.
Should Find® vary this contract and we reasonably consider that the variation is likely to have a negative impact on you, we will give you 30 days prior written notice of the variation. However, in some circumstances we may need to exercise these rights on an urgent basis, for example, if there is a change in law or regulation or because of security, fraud, technical and related issues. In such circumstances, we will endeavor to give you 3 days prior written notice of the change.
FIND® makes every effort to finalize an order as soon as possible and our Resellers Team will be able to estimate the time it will take to provide you with the finalised purchased product. The estimated times will be in business days (Monday through Friday, excluding public holidays).
Although FIND® makes every effort to finalise your order according to the estimated times provided, these times may change due to unforeseen events in production or in processing your order. If the estimated time for completion of your product changes by more than 5 business days, FIND® or your Reseller representative will contact you via email or phone and provide a revised completion estimate.
FIND® makes every effort to supply you with the products you order, but there may be occasions when FIND® confirms orders but learns that it cannot supply the ordered products. These occasions can include when FIND® learns that the products no longer are available or when there was a pricing error when you ordered. In those circumstances, we will contact you to inform you and, if you are interested, FIND® may suggest alternative products that might meet your needs. If you do not wish to order alternative products, FIND® will cancel your order for products FIND® cannot supply and for any other products that you no longer wish to order as a result, and will refund your purchase price for those products.
Whilst FIND® makes every attempt to ensure that the FIND® service is available to users at all times, it is possible that the FIND® service may be rendered temporarily unavailable to some or all users from time to time. This may be caused by factors outside FIND®’s control (such as general internet connection issues), as well as by FIND®’s own internal systems. If this is the case, we will do our utmost to have the service up and running with in a reasonable time.
WE, OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE, OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FIND® shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and credit cards are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because our service is largely dependent upon many factors outside of our control, such as delays in the banking system or mail services. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control.
FIND® does not accept or bear any liability whatsoever in respect of the operation of the FIND® sites, whether for any breach of a provision of any relevant legislation, negligence, injury, death, lost profits, loss of files, data or use, economic loss, loss of reputation or losses or damages incidental or consequential to the operation of the FIND ® site.
All warranties, express and implied, as to the description, quality, performance or fitness of the purposes for the user of the FIND® site/s or any component of the site/s are disclaimed and excluded.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
IN ANY EVENT, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, RELATED ENTITIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES YOU INCUR.
Third Party Warranties
Non-FIND®-branded, third-party products are, to the greatest extent permitted by law, sold “AS IS” on the FIND® site/s, but may be accompanied by their manufacturers’ standard warranties. FIND® is an intermediary for other businesses and sells “AS IS” products as is, where is, and with all faults, and without express or implied warranties from FIND®. If you have questions about manufacturers’ warranties that accompany such products, please refer to the specific manufacturer’s product description that accompanies the product purchased.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
Products sold through the FIND® site that do not bear the FIND® brand name are serviced and supported exclusively by their manufacturers in accordance with any terms and conditions packaged with the products. Please contact the manufacturer directly for technical support and customer service.
Identity Authentication
We use many techniques to identify our users when they register on our site. A user’s verified status is only an indication of increased likelihood that a user’s identity is correct. You authorise FIND®, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, FIND® cannot and does not guarantee any user’s identity.
Release
If you have a dispute with one or more users, you release FIND® (and our officers, directors, agents, related companies, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Indemnification
You agree to indemnify and hold FIND®, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or of the rights of a third party relating to your use of the Service.
Your warranties
You warrant to FIND® that:
We reserve the right at any time to reject, remove, suspend, delete or withdrawal any Content from the Find sites for any reason with out any liability to Find®, including but not limited to:
Find® reserves the right to change or control the product you purchase, the content of the Find® sites or other means of display of your product, including but not limited too:
Find® may, at it’s discretion, vary the presentation, position and format of your information on the iPhone, newspapers and in other mediums compared to the information displayed on the Find Site. This variance is solely at the discretion of Find and you assume no right of entitlement to the changes that may be made.
We request that you keep your information displayed on the Find site up to date. We take no responsibility for any of your information contained on the Find that is not up to date. If you are not permitted to update certain content yourself, then it is your responsibility to provide the updated information to Find or a Find Reseller so that Find may be able to update your content. However, it is your responsibility to maintain and keep up to date any all of your relevant material for use on the site.
We reserve the right to retain or delete any content relating to you or the relevant product purchased when this contract is terminated or when the product purchased is cancelled.
FIND® does not warrant or forecast that their site/s or any component of their site/s or any services performed in respect of any such site will meet the requirements of any user, or that the operation of the site will be uninterrupted or error free, or that any services performed in respect of the site will be uninterrupted or error-free. Where the Corporations Act 2001, the Australian Securities and Investments Act 2001 or the Trade Practices Act 1974 of the Commonwealth of Australia or any similar State, Territory or overseas legislation implies in these Agreement any term, condition or warranty, and makes void or prohibits excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in these Agreement. However, the liability of FIND® for any breach of such term, condition or warranty will be limited, at the option of FIND®, to any one or more of the following:
if the breach relates to goods supplied (realted to FIND® goods only):
if the breach relates to services:
By purchasing a product from FIND®, whether you place your order online or by telephone, you acknowledge that you have had an opportunity to review FIND®’s warranty terms, have done so to the degree you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers in them.
FIND® Branded Products
If you discover what you believe is a product defect for any FIND®-branded product, please contact FIND® Technical Support at 1-300-88-38-30. If your product does have a defect, your product is covered under the terms of your product’s warranty or return and refund policy. Please refer to the warranty information and other supporting documentation that came with your product. (See the Product Warranty section or Return and Refund Policy section above for specific information about FIND®’s products.)
Non-Find Branded/Third-Party Products
If you discover what you believe is a product defect for any third-party product, please contact the manufacturer of such third-party product directly for information regarding the manufacturer’s warranty. Please note that products sold through the FIND® site that do not bear the FIND® brand name are serviced and supported exclusively by their manufacturers in accordance with the terms and conditions packaged with the products. FIND®’s Limited Warranty does not apply to products that are not FIND®-branded, even if packaged or sold with FIND® products.
You may terminate this Agreement or cancel a product at any time by 30 days written notice to FIND®.
A cancellation fee may be charged and is a genuine pre-estimate of the amount of our loss due to your termination or cancellation.
We may terminate this Agreement or suspend or cancel your product at any time:
Closing Your Account.
You can close your account at any time by giving 30 days written notice to:
Find Marketing Pty Ltd
PO Box 2122
Ringwood North, VIC 3097
When an account closes, any pending transactions will be cancelled. Any funds that we are holding for you at the time of closure, less any applicable fees, will be paid to you by direct deposit to your bank account or should this fail, by cheque, assuming all withdrawal-related authentication requirements have been fulfilled. You cannot use closure of your account as a means of evading investigation: if an investigation is pending at the time you close your account, FIND® may continue to hold your funds for up to 180 days as appropriate to protect FIND® against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, FIND® will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed.
If you terminate this Agreement or cancel a product that is already in production or has been produced, we may require you to pay a cancellation fee (together with any GST on this cancellation fee recoverable from you).
After termination of this Agreement:
You may request that your online listings or online advertisement be removed from the FIND® site/s at any time. However, if the removal from the FIND® site/s is after the finalization of your product and it appears on the FIND® site/s:
You agree that, when you submit content to Find®, you grant us, our associated companies and entities, a non-exclusive, royalty free license to modify, reproduce, adapt, use and publish the content. You agree that Find owns all the content on the sites and can use the information now or in the future, in any way, except for any trademarks, artwork or designs that is owned by you. The content belonging to Find may not be reproduced or permitted to be reproduced without the consent of Find®.
You grant to us, under this agreement, a license to also provide content to any of our contractors where necessary for us to provide a product to you. You also warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law. You indemnify Find against any and all legal fees, damages and other expenses that may be incurred by Find as a result of a breach of the above warranty. Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Find Site.
We view protection of users’ privacy as a very important principle. We understand clearly that you and your information are one of our most important assets. We may store and process your information on computers located in Australia or overseas. By using the FIND® site/s and their services you expressly consent to the transmission and storage of your information outside of Australia. You should only log in to your MyFIND account on a page which begins with https://www.find and then the industry you are searching for i.e. For Takeway search www.findtakeaway.com.au. Do not use any other site that does not begin with FIND®.
You acknowledge that unless your product falls under certain restricted heading, we may use content from your online product in other FIND® site/s and services, to allow users to search for your listing or advertisement. If you do not wish your content to be used for these purposes, you can opt-out by calling 1300 88-38-30.
Dispute Resolution
FIND® is committed to dealing with customer complaints fairly and resolving issues in a timely manner in accordance with its procedures for the handling of complaints.
Complaints will be dealt with primarily by FIND®’s Customer Service Team in Victoria.
Submitting a complaint
If you have a complaint about a business that has listed their products or services, you should file a claim through the Find® website. If you have a complaint about the FIND® service, or believe that your FIND® Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity, you should contact us immediately.
You can report complaints about the FIND® Customer Service Team by:
Handling your complaints
FIND®’s policy is to confirm receipt of a complaint within 10 business days and to propose a resolution of the complaint. Although every effort is made to do so, in some instances it will not be possible to resolve your complaint within this time frame.
We endeavor to resolve all complaints within a maximum time frame of 45 days. This may not be possible in circumstances where we require further time to conduct our investigation, for example, where information is being sought from a relevant credit card issuer. In instances where we cannot resolve your complaint within 10 business days we will send you an email notifying you of the delay and the reason for the delay as well as an indication of when we expect to be able to respond.
If a complaint relates to the suspension of a FIND® Account, we will request the necessary verification details from you, and where appropriate, lift the suspension on the FIND® Account as quickly as possible.
