TERMS AND CONDITIONS – 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
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
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
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
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).
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
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 email@example.com.
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
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
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
(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
(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
Marketers against any and all legal fees, damages and other expenses that may be incurred by Performance
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
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
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.
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
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
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
intended by these Terms and Conditions, your use of the website or your use of iiSpy
9. CASA (CIVIL AVIATION SAFETY AUTHORITY) CERTIFICATION
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.
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 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
or terminate your membership and refuse to provide services to you without giving reasons for doing so.
13. TERMINATION OF YOUR ACCOUNT
(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
(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
14. CUSTOMER SUPPORT & 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 firstname.lastname@example.org.
(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
(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
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
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
16. CANCELLATIONS OF SERVICE PROVIDER MEMBERSHIPS
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.
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
19. PROMOTIONS & COMPETITIONS
may or may not be communicated to you by posting them on the website at the time of such promotions and
20. THIRD PARTY LINKS & ADVERTISING
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.
22. APPLICABLE LAW
jurisdiction of the courts of New South Wales, Australia.
The iiSpy website is © Copyright iiSpy Pty Ltd 2015.