Please read this agreement carefully and completely before using this site. By entering this site or the links accessible through this site or mobile applications, you expressly agree to be bound by this agreement. The information and the resources contained on and accessible through this site are made available by iseekplant.com.au, and/or its suppliers and vendors, and are subject to your agreement to their terms and conditions.
Copyright Trademarks and Licence
- All materials on iseekplant.com.au and associated servers or mobile applications, including the site's design, layout, organisation, data and images are owned and copyrighted © ISEEKPLANT Pty Ltd 2017, or its suppliers or vendors or members/subscribers, and are protected by Australian and International copyrights. All rights reserved.
iseekplant.com.au makes this web site available for the sole purpose of providing general information on related issues and to provide Internet access to related resources.
All materials on this server and this Internet site or mobile applications, including the site's design, layout, organisation, data and images are owned and copyrighted by iseekplant.com.au, or its suppliers or vendors or members/subscribers, and are protected by Australian and International copyrights.
- iseekplant.com.au and other names of iseekplant.com.au product and/or services referenced herein are trademarks or registered trademarks of ISEEKPLANT Pty Ltd. Other product and company names mentioned on the iseekplant.com.au may be the trademarks of their respective owners.
USE OF ISEEKPLANT.COM.AU WEBSITE AND MOBILE APPLICATIONS
By using this site, you expressly agree to be bound to the foregoing terms and conditions.
- The accuracy of the iseekplant.com.au web site, information, and resources identified are not warranted or guaranteed, or intended to substitute for professional advice or information, to contradict advice or information given, or for further services and information of any kind.
- In using the iseekplant.com.au Website and Mobile Applications, you must not:
- change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site, or through any other iseekplant.com.au properties;
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material from this site;
- use or attempt to use any material published on iseekplant.com.au to create any web site or publication;
- mirror or frame any web site or page within iseekplant.com.au;
- use any automated process of any sort to query, access or copy any material on iseekplant.com.au or generate or compile any document or database based on the material published on iseekplant.com.au; or
- transfer or sell any information, functionality or products or services offered on iseekplant.com.au;
- without the written approval of iseekplant.com.au.
- iseekplant.com.au may terminate your right to access and use iseekplant.com.au at any time.
- iseekplant.com.au makes this site available for the sole purpose of providing general information on related topics and providing Internet access and search engines to identify various resources, products and services listed on the web site.
- This site may not be used as a supplement or alternative for services, and is not intended and does not warrant or guarantee the quality or quantity of any services of any of the advertisers, users or members/subscribers identified; further, the information provided is merely for educational and informational purposes, and its accuracy is not guaranteed. Do not use this site as a substitute for precise information or advice.
- Please consult with our advertisers, users or members/subscribers directly regarding any further information or questions you may have. This site is not maintained by the products and or service providers displayed and should not be used for advice. Do not use this site to disregard any other advice, nor to delay seeking advice or representation, because of something you read or see in this site.
- You understand and agree that neither iseekplant.com.au nor its suppliers or vendors or linked domain names are responsible or liable for any claim, loss, or damage, of any kind, directly or indirectly resulting from your use of this site or the information or the resources contained on or accessible through it.
- iseekplant.com.au expressly disclaims any implied warranty or representation about the information or accuracy, relevance, timeliness, completeness, or appropriateness for any particular purpose of any kind.
- Your use of this site is also subject to all additional disclaimers and caveats that may appear throughout the site.
- iseekplant.com.au may provide you with the ability to communicate with iseekplant.com.au, users, members/subscribers and advertisers through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, SMS, online forums, inbound phone number services and other forms of electronic messaging.
- You acknowledge that communications through iseekplant.com.au may be public and not private communications. Further, you acknowledge that communications should not be considered reviewed, screened, or approved by iseekplant.com.au.
You agree and acknowledge that we provide a concierge answering service for plant suppliers on iseekplant.com.au such that you may communicate with us when you contact a plant supplier. We provide this service to ensure that using iseekplant.com.au is quick and efficient for plant suppliers and contractors searching for plant.
- Use of the iseekplant.com.au communications services is provided on condition that you do not do any of the following:
- transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any defamatory, infringing, obscene, indecent or unlawful information or material;
- use the communications services for any unlawful purpose;
- post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by iseekplant.com.au;
- download any file posted by another user that you know, or reasonably should know, is unlawful or contrary to these terms and conditions;
- excessively use the communications services in a manner which may hinder or prevent iseekplant.com.au from providing services to any other persons or which may threaten the integrity or use by any person of iseekplant.com.au;
- authorise, aid, abet, encourage or incite any person to do any of the above acts.
- iseekplant.com.au may, but has no obligation to do so, review communications by you and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted on iseekplant.com.au.
- You hereby consent to allow iseekplant.com.au and its service providers to send you promotional material from time to time.
- Any software, including HTML code and ActiveX controls, that is made available to download from iseekplant.com.au ("Software") is owned by iseekplant.com.au and/or its suppliers.
- Your use of the Software is governed by the terms of the end user License Agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.
- If there is no License Agreement, iseekplant.com.au grants you a personal, non-transferable license to use the Software for viewing and otherwise using iseekplant.com.au in accordance with these terms and conditions, and for no other purpose. You must not:
- copy, reproduce, translate, adapt, vary or modify in whole or in part the Software;
- reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
- introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
- sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
- You agree to indemnify, defend, and hold harmless iseekplant.com.au and its suppliers and vendors from any liability, loss, claim, and expense (including reasonable solicitors' fees) related to your violation of this agreement or use of this site in any manner.
- Your use of this site shall constitute your acceptance of the terms of this Agreement, as revised and modified, if any, each and every time you access this site. iseekplant.com.au may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement.
WARRANTY AND LIABILITY
- iseekplant.com.au and its suppliers and vendors disclaim all express or implied representations or warranties with regard to the information, services, products, materials, and any other resources contained on or accessible through this site, including without limitation any implied warranties of merchantability or fitness for a particular purpose. All information provided by iseekplant.com.au is made available "as is" and "as available" without warranty of any kind, or any express or implied promise, including, by way of example, its continuing availability.
- To the maximum extent permitted by applicable law, in no event shall iseekplant.com.au or its suppliers or vendors be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss, which by way of example, includes loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the use or performance of this site, with the delay or inability to use this site, or with the provision of or failure to make available any information, services, products, materials, or other resources contained on or accessible through this site, even if advised of the possibility of such damages.
- With respect to products, goods, or services purchased from any entity identified, listed, named or contacted through iseekplant.com.au web sites, or any links to iseekplant.com.au’s web site, in no event shall iseekplant.com.au be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.
- This site also includes links to other Internet sites created and maintained by iseekplant.com.au's suppliers, vendors, affiliates, users or members/subscribers. Be aware that iseekplant.com.au does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any other Internet sites.
- Further, the inclusion of these links is merely for your convenience and is not intended and does not reflect iseekplant.com.au's opinion on the accuracy or the importance of these other sites; further, iseekplant.com.au does not endorse in any manner any of the views expressed in, or products or services offered by this or these other sites.
- All information in any iseekplant.com.au site, or associated or linked site, is extracted, read, used, or relied upon by you at your own risk.
GOODS AND SERVICES PROVIDED BY ISEEKPLANT.COM.AU
- If iseekplant.com.au offers goods or services to you, including advertising, the services may be subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail.
- All payments made to iseekplant.com.au by members/subscribers, users, advertisers, affiliates are non-refundable.
MEMBERSHIP/SUBSCRIPTION TERMS AND CONDITIONS
- iSeekplant offers three levels of membership/subscription and several tiers of membership within those levels. These include a 'Free Listing', a 'Standard Listing' and a 'Premium Package'. These packages allow users different privileges within the system. These privileges are laid out in the membership package information in the ‘Account Tab’ of each user's login.
- If you choose to remain as a Free Listing on the iSeekplant.com.au directory, as opposed to a paid membership/subscription as either as a Standard Listing or Premium Package, there are certain restrictions as laid out below:
- Your company will only appear in the search results if we do not have adequate listings for a machine search from paid members. iSeekplant.com.au reserves the right, through application of its proprietary search algorithm, to decide whether or not your listing will appear in a machine search result. Adaptations to this algorithm happen at iSeekplant.com.au's discretion and iSeekplant.com.au is not required, henceforth, to notify you of any changes to the algorithm that may affect your companies listing within iSeekplant.com.au's machine search results. iSeekplant.com.au does not have to disclose how its search algorithm works or what determines your listing appearing, or not appearing, in the search results.
- Your company listing on iSeekplant.com.au machine search results will rank below paid members in searches that apply to your fleet and locations
- Information about your company, machines and contact details will not be as thoroughly displayed on the search results page
- We will not supply you with the direct contact details of a contractor requesting plant rates through the Rates Request Tool either via email or in your 'Projects Leads' tab in your account.
- In order to respond to a Rates Request – you will need to supply your rates to iseekplant.com.au, not directly to the contractor. Iseekplant.com.au will only pass on your rates and information to the contractor on your behalf if an insufficient number of paid members have submitted their rates by the response deadline.
- Submitting your rates to the contractor, on your behalf, is entirely at the discretion of iseekplant.com.au.
- You will rank below paid members in our suppliers comparison table in the Rates Request Tool with a grey company listing
- iSeekplant reserves the right to change the terms and restrictions of free listings at any time
- If you chose a 'Standard Listing' on iSeekplant.com.au your company profile, there are several differences, privileges and restrictions as compared to a 'Premium Package', as laid out below:
- Your listing will be ranked below a 'Full Package Member' in search results, notwithstanding all search algorithmic factors.
- You will not have access to the 'Project Leads' tab or 'Search for Projects' tab in your login.
- Your listing may or may not appear in the supplier table of the Rates Request tool – meaning you may be selected to price a project within the Rates Request system, if the system or the user, or both, determine you are the best fit for the project.
- We will not supply you with the direct contact details of a contractor requesting plant rates through the Rates Request Tool either via email or in your 'Projects Leads' tab in your account.
- In order to respond to a Rates Request – you will need to supply your rates to iSeekplant.com.au, not directly to the contractor. iSeekplant.com.au will only pass on your rates and information to the contractor on your behalf if an insufficient number of paid members have submitted their rates by the response deadline.
- Submitting your rates to the contractor, on your behalf, is entirely at the discretion of iSeekplant.com.au.
- You will rank below full package members in our suppliers comparison table in the Rates Request Tool with an orange plain text company listing
- iSeekplant.com.au reserves the right to change the terms and restrictions of standard listings at any time.
- If you are offered a free trial or other special offer, that offer may be subject to additional terms and conditions. To the extent of any inconsistency between these terms and the additional terms and conditions, the additional terms shall prevail.
- If you wish to upgrade your membership/subscription you are entitled to the use of the iseekplant.com.au website within the limitations of your upgraded membership/subscription for a further minimum period of 12 months from the date your upgraded membership/subscription fee is paid. By upgrading you are committing to a minimum period of membership at that upgraded level. You are also committing to a payment that covers your updated minimum period or 12 monthly payments to iseekplant.com.au, plus monthly payments thereafter until your membership is terminated. The amounts of such payments are dependent upon and stipulated within your selected membership/subscription when upgrading minus the balance of your existing membership/subscription on a pro-rata basis.
- As part of a membership/subscription with iseekplant.com.au, iseekplant.com.au may provide you with unique URL address for your Company Profile which you may wish to use in other marketing initiatives. This URL and your associated Profile is only provided by iseekplant.com.au so long as your membership/subscription remains current.
- Minimum membership/subscription terms on iseekplant.com.au are 12 months, unless otherwise agreed in writing by the customer and iseekplant.com.au.
- Your minimum membership period starts from the process date of the initial transaction and ends on the anniversary of the initial transaction date.
- iseekplant.com.au may not make your profile visible on the website, until your Company and equipment details have been adequately completed and verified, a signed Order Form is received, and initial membership/subscription fee is received.
- When registering to become a paying member/subscriber of iseekplant.com.au by phone, an iseekplant.com.au representative may ask to record the call. The call recording is kept as a record of contractual agreement between iseekplant.com.au and the customer. If the customer does not wish to be recorded, they can notify the representative, and submit a signed Order Form.
- iseekplant.com.au only except payments via Credit/Debit Card, Direct Debit and EFT, unless otherwise agreed in writing between you and iseekplant.com.au.
- Credit/Debit Card or Direct Debit details must be supplied at the time of sale. Full membership/subscription privileges will not be granted until the Credit/Debit Card details are supplied and payment is processed.
- You warrant that your Credit/Debit Card or bank account supplied for Direct Debit details has adequate limit and available funds to be charged your agreed membership/subscription fee.
- If payment cannot be processed via Credit/Debit Card or Direct Debit, iseekplant.com.au reserves the right to seek payment by any other means, including alternative Credit/Debit Cards, Direct Debit or invoicing for payment. This may attract a $50 administration fee.
- iseekplant.com.au reserves the right to suspend membership/subscription privileges and remove data from the site, at its discretion and specifically until the customer account is paid.
- After processing all payments made to iseekplant.com.au an invoice will be published and available for download from your iseekplant.com.au account once logged in.
- In the case of cancellation, iseekplant.com.au reserves the right to retain the data submitted to the site, and downgrade full membership/subscription privileges and/or remove them entirely from the site.
- Early cancellation of Membership/subscription terms within your minimum membership/subscription period must be made in writing to your iseekplant.com.au representative or by emailing General Enquiries and will not attract a refund of any amount from iseekplant.com.au. if the customer is on a monthly membership/subscription the customer agrees to pay iseekplant.com.au 50% of the full cost of monthly instalments for the unelapsed months in the remainder of initial annual term. At the cancellation of membership/subscription term, iseekplant.com.au will charge the cancellation fees to the supplied Credit/Debit Card.
- Membership/subscription fees can be paid in monthly instalments as agreed with your iseekplant.com.au representative prior to the commencement of full membership/subscription privileges. For clarity, the minimum membership/subscription term is 12 month and as such, by signing up to become a paying member/subscriber you are committing to a minimum of 12 monthly payments to iseekplant.com.au the amounts of which are dependent upon and stipulated within your selected membership/subscription.
- Credit/Debit Card or bank account via Direct Debit will be charged every month, on the same day of the first monthly instalment, or if that date falls on a weekend or public holiday, the next business day.
- Your membership/subscription may be cancelled after the minimum subscsription / membership period has expired by emailing General Enquiries.
- By agreeing to these terms and conditions and listing plant on iseekplant.com.au, you also irrevocably appoint us your agent to handle enquiries directed to you through iseekplant.com.au. You agree and acknowledge that we may reallocate enquiries to other users of iSeekPlant at our sole and absolute discretion where we reasonably determine that there is a delay in responding to the enquiry.
INDIGENOUS OWNERSHIP & AFFILIATION
iseekplant.com.au is committed to supporting efforts to promote and identify indigenous owned and affiliated businesses supplying to mining, resources and infrastructure projects.
- When completing a Company Profile on iseekplant.com.au, as part of registering your business on our website, if you check the box denoted 'Indigenous Ownership & Affiliation' box, the Aboriginal Flag will present on your listing, only if you are a paid member/subscriber.
- To check this box, your business must comply with the following conditions, as recognised by iseekplant.com.au to claim this denotation:
- Be majority owned, or part owned by an indigenous person, group of people, company or Trust
- Have a minimum of 25% of its workforce staffed by indigenous people
- Undertake extensive social and community programs to the benefit of indigenous communities
- iseekplant.com.au reserves the right to determine the validity of your claim through any means possible and to remove the denotation from your listing if it can be substantiated that your business does not comply with these conditions.
- iseekplant.com.au takes no responsibility for the representations made by users and customers on the site, with respect to indigenous ownership or affiliation and does not warrant that these claims are true or correct.
- iseekplant.com.au's failure to insist upon strict enforcement of any provision(s) of this agreement shall not be construed as a waiver of any provision or right.
- This agreement and the resolution of any dispute related to this agreement or this site shall be governed by and construed in accordance with the laws of Queensland, without giving effect to any principles or conflicts of law. Any legal action or proceeding between iseekplant.com.au or its links, suppliers, users, members/subscribers or vendors and you, related to this agreement or this site shall be brought exclusively in a state or federal court of competent jurisdiction sitting in the state of Queensland.
- Members/subscribers consent to iseekplant's handling of personal information, including such recording of calls, as a condition of membership/subscription.
- Members/subscribers must ensure that:
- their staff are aware that telephone calls to those staff made through iseekplant numbers may be recorded; and
- any staff receiving such calls have consented to the recording.
- Members/subscribers agree to indemnify iseekplant.com.au and its agents, staff and contractors for any costs, expenses, losses, damages, claims, demands, proceedings, and other liability they incur or suffer, directly or indirectly, however caused, arising wholly or partially, directly or indirectly in connection with members/subscribers' failure to fulfil their obligations under clause 11.3. This indemnity shall apply to the fullest extent permissible by law, subject to any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.