TERMS AND CONDITIONS – iiSpy


The www.iispy.com.au website is owned and operated by iiSpy Pty Ltd (ABN 241 448595 49) (iispy.com.au) (“iiSpy”).
Before you begin to use the services on the website, we need to outline to you for you to read and

understand the Terms and Conditions of your use of the website and iiSpy services

(“Terms and Conditions”).
The Terms and Conditions, together with any additional terms, conditions, notices and disclaimers

published on the website from time to time and any documents available for download on the website

regulate your use of the website and iiSpy services.
By completing the ‘Add my business’ webpage (becoming a “Service Provider”), by submitting an inquiry to

a Service Provider (becoming a “Service User”), or by accessing the website in any way you agree to be a

user bound by the Terms and Conditions below. If you do not agree to the Terms and Conditions you must

not use the website. Your continued use of the website will be deemed to constitute your acceptance of

the Terms and Conditions.
If hyperlinks and other redirection tools taking the user to other websites operated by third parties

appear on the website (“Third Party Websites”), you acknowledge that such Third Party Websites are not

controlled by iiSpy and do not form part the iiSpy website. You agree

that you will not hold iiSpy liable for anything that occurs on Third Party Websites and

release and indemnify iiSpy from any claim arising out of or in connection with your use

of Third Party Websites.
From time to time the website will generate automated emails to Service Providers, or Service Users will

send emails and messages to one another through the website. Emails sent by the website or through the

website are considered part of the iiSpy website.


1. GENERAL INFORMATION ONLY

The information, opinions and other similar statements and content published on the website are providedfor information purposes only and are not intended as, nor do they constitute legal, financial,

taxation, technical or expert advice and should not be relied upon by you in any way without undertaking

your own independent verification. Information provided on the website has been derived from sources

believed to be accurate at the time of compilation and no warranty or representation is made as to the

accuracy or authenticity of the content of the website.
iiSpy and its directors, agents or employees do not accept and are by these Terms and

Conditions released by you of any liability to you arising (whether directly or indirectly) out of the

information provided on the website or anyone else through the website or any errors in, or omissions

from, information on the website.
iiSpy does not make any representation or warranty that:
(a) a Service Provider or Service User is reputable or will act in good faith;
(b) a Service Provider or Service User will act according to their terms of engagement;
(c) any information on the website is complete, reliable or accurate; or
(d) your access to the website is safe, secure, available or uninterrupted.
iiSpy disclaims and will not be liable for loss arising out of (whether directly or

indirectly) any action or decision by you in reliance on the information on or provided to you through

the website or provided by any business you engage on the website, nor any interruption, delay or

impairment in the functioning, operation or availability of the website, exposure to or transmission of

any computer virus, internet access difficulties in connection with the website, or malfunction in

equipment or software.
As a user of the website, you should make your own inquiries and obtain independent advice based on your

specific circumstances prior to making any decisions. Specifically, you should seek legal or other

professional advice before acting or relying on the information set out on or provided to you through

the website or provided by any business you engage on the website.


2. USER INFORMATION

As a user of the website you must provide iiSpy with complete, up to date and accurateinformation as requested and it is your responsibility to inform iiSpy of any changes to

that information. iiSpy reserves the right to modify or delete any information you

submit to the website in order to enhance the services we provide to you and other iiSpy

users.
User accounts are individual in nature and can not be shared by more than one individual or entity.
All personal information you provide to iiSpy as a user will be treated on the basis set

out below.
2.1 Phone Recordings
iiSpy reserves the right to record phone calls between you and iiSpy

contractors, employees or iiSpy agents for training purposes.
2.2 Personal Information & Privacy
iiSpy collects personal information from a variety of sources, including from members of

the public, advertisers, mailing lists, contractors and business partners.
In general, the personal information iiSpy collects includes (but is not limited to)

name, address, contact details and, where relevant, financial information, including credit card

information, banking details and income information.
iiSpy stores the personal information you enter on the website. iiSpy

obtains most personal information through the website registration process. You may, however, provide

information through a variety of different means (for example if you contact iiSpy via

email, respond to a survey published on the website or third party survey used by iiSpy,

or answering questions asked by staff or agents of iiSpy over the phone).
The website uses cookies which contain information by which iiSpy can identify your

computer (or other devices you use to access the website) to our servers and the servers of third

parties contracted by iiSpy including, but not limited to, third parties providing

analytical and advertising services. You may configure your browser so that you are notified before a

cookie is downloaded or so that your browser does not accept cookies. iiSpy may use

information contained in cookies to make assumptions about the user of the device and to provide users

of that device with focused advertising that iiSpy believes may be of interest, based on

that information. You can disable cookies through your Internet browser.
iiSpy endeavours to collect personal information about an individual only from that

individual. In some circumstances iiSpy may obtain personal information from a third

party. If you provide personal information about another person to iiSpy, Performance

Marketers requires that you inform that person you have done so and provide them with access to or a

copy of these Terms and Conditions.
2.3 Use of Personal Information
iiSpy may use your personal information for the primary purpose for which it is

collected and for such other secondary purposes that are related to the primary purpose of collection.
iiSpy generally uses personal information to:
(a) personalise and customise your experience on the website;
(b) help iiSpy manage and enhance its services;
(c) communicate with you by email, SMS message or telephone; and
(d) provide you with ongoing information about opportunities on the website which iiSpy

believes you may be interested by email, SMS message or telephone.
2.4 Disclosure of Personal Information
iiSpy will only use and disclose information relating to a user’s racial or ethnic

origin, membership of political bodies, religion, membership of a trade union or trade association,

sexual preferences, criminal record and health for the purpose for which it was provided, for a directly

related purpose or as required by law (unless the user has agreed otherwise).
2.5 Management & Security of Personal Information
iiSpy protects the personal information iiSpy holds from misuse, loss,

unauthorised access, modification or disclosure by various means including firewalls, password access,

secure servers and data encryption.
iiSpy may retain any personal information you provide during your use of the website,

including, but not limited to, copies of identification documents, for a minimum period of 12 months

after your last interaction with the website.
After 12 months iiSpy will delete or make anonymous specific personal information from

our servers, files, and databases, unless iiSpy are required by law to retain that

information.
2.6 Updating Personal Information
iiSpy endeavours to ensure the personal information it holds is accurate, complete and

up-to-date. You can update your personal information by sending an email to nick@iispy.com.au.
2.7 Accessing Personal Information
You have the right to seek access to the personal information iiSpy holds about you and

to advise iiSpy of any inaccuracy. There are some exceptions to this right set out in

the Privacy Act.
If you make an access request, iiSpy will ask you to verify your identity and specify

what information you require. iiSpy may charge you a fee to cover the costs of meeting

your request.
2.8 Licence to Use Your Information
Solely to enable iiSpy to use the information you supply us with, so that we are not

violating any rights you have in that information, you agree to grant us a non-exclusive, worldwide,

irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights

you have in that information in any format (including, but not limited to, any text, photographs,

graphics, video or audio).
You agree that iiSpy can use that content in any way (including in no way at all), now

and in the future. You 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 iiSpy against any and all legal fees, damages and other expenses that may be

incurred by iiSpy as a result of a breach of this warranty. iiSpy will

only use your information in accordance with these Terms and Conditions.

 


3. YOUR CONDUCT

As a condition of your use of the website or any service provided by iiSpy, you warrantto iiSpy that you will not use the website for any purpose that is prohibited by the

Terms and Conditions or that is illegal or unlawful. You agree to abide by all applicable laws and

regulations and you agree:
(a) not to use the website to offend others (which shall be judged in the absolute opinion of

iiSpy);
(b) not to publish, or in any way distribute or disseminate any information which is unlawful, obscene,

defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of Performance

Marketers);
(c) not to engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain

letters, spamming or unsolicited emailing through the website;
(d) not to use automated scripting tools or software;
(e) not to use the website to make available any material you do not have a right to make available

including any law or which contains viruses, or other computer codes, files or programs designed to

interfere with the functioning of other software or hardware; or breach any laws or regulations

applicable to your use of the website;
(f) not to use the website to supply another service, or to obtain information which you either

incorporate into your service or product to enhance your service or product or your business in any way

such as creating potential customer lists. Any commercial use of the website requires the prior written

approval of iiSpy; and
(g) not to use the website in any manner whatsoever that is inconsistent with a lawful request or

direction made by iiSpy.
iiSpy has no obligation to monitor your or anyone else’s use of the website. However,

iiSpy reserves the right at all times to monitor, retain and disclose any information as

necessary to satisfy any applicable law, regulation, legal process or governmental request.

 


4. GENUINE INQUIRIES ONLY

Service Users agree that any request they submit on the website must be genuine and a legitimateconsumer inquiry. To the extent that a request is not genuine, you release and indemnify Performance

Marketers against any and all legal fees, damages and other expenses that may be incurred by Performance

Marketers.
Service Providers irrevocably acknowledge that iiSpy is unable to verify whether or not

a Service User inquiry is a genuine and legitimate consumer inquiry. Service Providers shall not hold

iiSpy in any way responsible for Service User inquiries that are not genuine and

legitimate consumer inquiries.

 


5. USER INDEMNITY AND ACKNOWLEDGMENT

You will at all times indemnify, and keep indemnified, iiSpy and its directors,officers, employees, agents and related bodies corporate (as that term is defined in the Corporations

Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity

basis) or liability incurred or suffered by you or by iiSpy arising from any claim,

demand, suit, action or proceeding by any person against you or iiSpy where such loss or

liability arose out of, in connection with or in respect of:
(a) your use of the website;
(b) your conduct;
(c) your breach of these Terms and Conditions; or
(d) any arrangements, transactions, or other acts you enter into or are directly or indirectly involved

in as a Service Provider or a Service User (as the case may be and irrespective of whether or not you

were in fact a Service Provider or Service User at the relevant time).

 


6. LIMITATION OF LIABILITY

The Australian Consumer Laws grant you certain rights and protections related to the provision of goodsand services that no one can exclude. Nothing in these Terms and Conditions can exclude or restrict the

application of such laws but, to the extent that it can under these laws, iiSpy does not

give any guarantee or warranties or make any representation of any kind, express or implied, with

respect to use of this website outside these consumer laws. Subject to claims available under consumer

protection laws, neither iiSpy nor its related bodies corporate (as that term is defined

in the Corporations Act 2001) is liable:
(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage

(including any form of consequential loss such as any third party loss, loss of profits, loss of

revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased

operating cost) however caused and which is suffered directly or indirectly in connection with your use

of this website or in respect of any arrangements, transactions, or other acts you enter into or are

directly or indirectly involved in that come about as a result of your use of this website.
(b) for disruptions to this website; and
(c) to you or anyone else if interference with or damage to your computer systems occurs in connection

with use of this website or an external website. You must take your own precautions to ensure that

whatever you select for use from this website is free of viruses or anything else that may interfere

with or damage the operation of your computer systems.
For claims that cannot be excluded or restricted under consumer protection laws, the liability of the

iiSpy for such a claim will (at Performance Marketer’s option and to the extent

permitted by law) be limited to:
(a) in the case of goods:
(i) repairing or replacing those goods; or
(ii) paying the cost of having those goods repaired or replaced; and
(b) if the breach relates to services:
(i) resupplying those or equivalent services; or
(ii) paying the cost of having those services resupplied.

 


7. DISCLAIMER

You irrevocably acknowledge that iiSpy is not involved in the actual transaction betweenService Providers and Service Users who contract their services after first being introduced via the

website and that that any legal relationship between a Service Provider and a Service User arising out

of or in connection with the use of this website shall be governed exclusively by separate agreement

between such parties. iiSpy shall not be a party to those arrangements and shall not be

liable for any claim, demand, suit, action or proceeding by any person in connection with such

arrangements.
iiSpy has no control over the quality, safety or legality of the items or content posted

on the website by any user, the truth or accuracy of any posting, the ability of businesses to provide

services or the ability of customers to buy services. We cannot censure and do not guarantee that a

Service Provider or Service User will actually complete a transaction or act lawfully in using the

website.
iiSpy cannot and does not confirm each Service Provider’s or Service User’s purported

identity or make any representation in respect of it whatsoever.
In the event that you have a dispute with one or more users of the website, you release Performance

Marketers (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees),

from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out

of such dispute.
iiSpy sends emails and notices regarding the status of your matters and your user

account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You

are responsible for completing all transactions in which you participate (including monitoring the

status of, and complying with all relevant legal and other obligations). We do not control, endorse or

approve the services provided by any users of the website.
You acknowledge and release iiSpy in the event that you deal with underage persons or

people acting under false pretence.

 


8. NO AGENCY

You and iiSpy are independent entities and no agency, partnership, joint venture,employee-employer, franchisee-franchisor relationship or implied duty of good faith is created or

intended by these Terms and Conditions, your use of the website or your use of iiSpy

services.

 


9. CASA (CIVIL AVIATION SAFETY AUTHORITY) CERTIFICATION

Only organisations which have a UAS Operator’s Certificate from CASA (Civil Aviation Safety Authority)may become Service Providers.
iiSpy will use reasonable endeavours to ensure that all Service Providers hold a valid a

UAS Operator’s Certificate but makes no representation or warranty that a Service Provider does in fact

hold a valid UAS Operator’s Certificate. Service Users should make their own inquiries to ascertain

whether or not a particular Service Provider holds a valid UAS Operator’s Certificate.

 


10. INSURANCE

iiSpy encourages Service Providers to maintain certain insurance policies including, butnot limited to, public liability and aviation insurance.
While Service Providers may indicate that they maintain insurance in respect of their operations,

iiSpy makes no representation or warranty that a Service Provider does in fact hold such

insurance. Service Users should make their own inquiries to ascertain whether or not a particular

Service Provider holds the relevant insurance.

 


11. FEEDBACK RATINGS & COMMENTS

iiSpy allows users of the website to rate and comment on the performance of ServiceProvider’s whose business services they have contracted.
iiSpy reserves the right to publish or not to publish those ratings and comments

(feedback) on the website at its absolute discretion.
iiSpy reserves the right to delete or modify feedback submitted on the website at any

time for any reason.
iiSpy will delete or modify if it is clear that, in the opinion of Performance

Marketers, the feedback is factually incorrect or does not relate to the provision of business services

by the Service Provider to the user who submitted feedback.
iiSpy reserves the right to aggregate each businesses feedback into a percentage score

and publish that score on the website.
In Australia and other countries, feedback may be considered defamatory of the reputation and standing

of individuals and businesses. You acknowledge and agree that iiSpy accepts no

responsibility for liability, damage, injury or loss that may arise from feedback submitted to or

published on the website, and you, by these Terms and Conditions, release forever and indemnify

iiSpy from any liability it may incur arising out of (whether directly or indirectly)

any feedback you post on the iiSpy website.
Further you agree that, if you or anyone else commences or threatens any action or proceeding against

iiSpy or makes any claim or demand against iiSpy as a result of any

feedback you submit to the website, iiSpy may, in its absolute discretion, without any

notice to you immediately cancel or suspend your membership of the website.

 


12. BREACHING OUR TERMS AND CONDITIONS

Without limiting other remedies available to iiSpy at law, in equity or under theseTerms and Conditions, we may, in our sole discretion, immediately issue a warning, temporarily suspend

or terminate your membership and refuse to provide services to you without giving reasons for doing so.

 


13. TERMINATION OF YOUR ACCOUNT

iiSpy may at its discretion terminate your use of, or access to, the website at any timeand for any reason. If this happens we may notify you by email. If your use of the website is

terminated:
(a) you are no longer authorised to access the website or use any other iiSpy services;
(b) you will continue to be subject to and bound by all restrictions imposed on you by the Terms and

Conditions; and
(c) all licences granted by you and all disclaimers by iiSpy and limitations of

iiSpy’ liability set out in the Terms and Conditions or elsewhere on the website will

survive.

 


14. CUSTOMER SUPPORT & COMPLAINTS

iiSpy makes a considerable investment in staff and technology to help answer customersupport questions and respond to complaints. Our staff will endeavour to process questions or complaints

from Service Providers on the following basis:
(a) iiSpy will attempt to resolve any customer complaints and answer any questions

within 3 business days of the first contact made by a customer by email to nick@donesforhire.com.au.
(b) All complaints and inquiries are logged and managed by the iiSpy Customer

Relationship Management system.
(c) Technical complaints or product development suggestions will be considered for future software

upgrades. Your suggestions may not result in changes to the software or iiSpy business

practices.
(d) All other complaints are reviewed by iiSpy customer support representatives and may

be escalated to a manager for resolution if required.
(e) iiSpy reserves the right not to respond to customer support questions or complaints

that offend iiSpy employees or agents.
(f) iiSpy reserves the right not to respond to questions or complaints made by

individuals who, in the sole opinion of iiSpy, are not current users of the website, or

have been suspended from using the website.

 


15. DISPUTE RESOLUTION

15.1 Mediation
iiSpy will use reasonable endeavours to mediate any dispute concerning the use byparties of the website or controversy or claim arising out of or in connection with these Terms and

Conditions.
15.2 Arbitration
If a matter is not resolved through Mediation it may, at our discretion, be settled by binding

arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the

ruling of such arbitration. The costs of the dispute are borne by the originator of the dispute.
15.3 Third Party Disputes
Disputes in relation to the actual services carried out by a Service Provider or any other issue will be

referred, where appropriate, to external dispute resolution services or authorities. You release and

indemnify iiSpy from all costs and liabilities arising out of or in connection with such

disputes.

 


16. CANCELLATIONS OF SERVICE PROVIDER MEMBERSHIPS

Service Providers can cancel their account at any time by sending an email to nick@iispy.com.aufrom the email address they use as their username to access the site.
Service Providers that have prepaid for any length of time will not be refunded for the unused portion

of their membership in accordance.
Paying businesses who are billed on a recurring cycle will not be charged further provided they cancel

online or advise iiSpy of their intention to cancel their membership before 5pm on the

last business day before their next membership payment is due.

 


17. REFUNDS

Refunds will be given at the sole discretion of iiSpy. If you are given a refund it willbe paid within 60 business days via the same method the payment to be refunded was made to Performance

Marketers in the first instance.
Service Providers who claim a refund from their credit card provider or bank without contacting

iiSpy first will have their paid membership immediately suspended. iiSpy

may issue an invoice to recover up to the full value of any unauthorised refund to the relevant Service

Provider. iiSpy may contract a debt collection agency or use other legal means to

recover unauthorised refunds. iiSpy may charge you interest plus any costs we incur as a

result of collecting your payment.

 


18. UPDATES TO THE WEBSITE

iiSpy may from time to time and at any time change or discontinue any feature of thewebsite including content, hours or availability and equipment required for access.

 


19. PROMOTIONS & COMPETITIONS

If iiSpy runs promotions or competitions involving the awarding of prizes or othergifts, iiSpy may modify the Terms and Conditions and implement additional terms, which

may or may not be communicated to you by posting them on the website at the time of such promotions and

competitions.

 


20. THIRD PARTY LINKS & ADVERTISING

iiSpy may display advertisements, which may or may not contain hyperlinks or buttonswhich take you to websites operated by third parties. iiSpy does not endorse or

recommend its advertisers, their products or services, or the information, products or services of any

website linked to the website.
If you contact a third party through the website, including via email, iiSpy accepts no

responsibility for any actions taken by that third party in connection with you as the user.

 


21. NOTICES

Except as explicitly stated otherwise, any notices shall be given by post to iiSpy, toiiSpy, 25 Glenview Street Paddington NSW 2021.

 


22. APPLICABLE LAW

The Terms and Conditions and all other specific and additional terms which govern your use and access tothe website will be governed by the laws of New South Wales, Australia. You agree to submit to the

jurisdiction of the courts of New South Wales, Australia.

 


23. COPYRIGHT

The iiSpy website is © Copyright iiSpy Pty Ltd 2015.