Business Name Chooser

the fine print…

GENERAL DISCLAIMER

We have an ongoing commitment to the development and support of our products and services and, as such, the mobile application, website and the method of operation of the products are subject to change without notice. All information is provided on an “as is” basis.

Whilst the content of this site is believed to be accurate at the time of publishing, we will not be held liable for errors contained herein and any incidental, or consequential damages which may arise through the furnishing, performance or use of information on this site.

Unless otherwise stated in writing, we reserve all rights to its designs. This means that you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this site.

You may review more detailed disclaimers for specific issues below.

OWNERSHIP OF SEARCH RESULTS

Search requests and results belong to the person making the search.  We seek no ownership or interest in your chosen names, and you will retain any rights you acquire through application processes with the various registration authorities.  We do keep a log of names tested, and successful names, to assist in improving the use of the application, and providing useful information over time to support the application.  By use of our application you do grant us a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sub licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, names in connection with the Business Name Chooser services and Shelf’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. 

RESULTS FROM THIRD PARTY SITES

This application relies on collecting information from a variety of government or third party sites that provide sources of registration information.  The information returned is governed by the Terms and Conditions that those sites provide.  Our application merely returns information delivered from those sites.  To be clear, if the information returned is later found to be inaccurate or out of date, this is due to the information delivered by those publicly accessible sites, not this application.  We will not be held liable for incidental, or consequential damages that come from using information provided from these third party sites.

NO LICENCE GRANTED

Nothing in this application, or your use of the information or Services provided by us, shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of our company.

PRIVACY POLICY

Our company is bound by the National Privacy Principles of Australia under the Privacy Act. This policy sets out how we should treat information that we may hold about you. It also sets out the types of information we may collect, how we may use that information and who we allow to access it.

Collection of Information

Our website does not collect any personal information from you other than information that you provide to us in order forms or enquiry forms. The information collected from these forms is only used to process orders and/or to allow our company to respond directly to you. No contact or personal information provided by you in this way is provided to other companies or individuals. In addition our website’s server stores non-personally identifiable information collected in logs as part of normal server operation. On the current server, this information is: your apparent IP address, the time of your visit, the pages visited and the number of bytes of data transferred during the request. This information is archived by the server and is not used for any purpose nor is it provided to anyone.

Google Analytics

Our application and website use Google Analytics. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so they can improve it. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. For more information on Google Analytics please visit Google’s privacy policy:http://www.google.com/intl/en/analytics/privacyoverview.html

Links to other sites

Please note that the Shelfco website may have links to other websites. You will need to contact any such website directly to ascertain its privacy standards.

Privacy Enquiries

If you wish to make an enquiry about our privacy policy please contact us at:

Shelf Companies Australia

PO Box Z5024, Perth WA, 6831

Ph: +61 8 9221 2477

We reserve the right to change the information contained in this privacy policy without prior notice. 

LIMITED LICENSE; PERSONAL, BUSINESS, AND NON-COMMERCIAL USE LIMITATION

As a application User, you are hereby granted a non-exclusive license to access and use the content on the Application and Website, but only while accessing the Application or Website.  You are also granted a limited license to print copies of any content posted on the Application or Website, but only for your personal use within the Service.  Except as expressly provided above, all rights are reserved.  Among other things, except to the extent required for the limited purpose of reviewing material on the Application or Website, electronic reproduction, adaptation, distribution, performance, or display is prohibited.  Commercial use by you of any of the content for profit is strictly prohibited.  Use of any of our trademarks as metatags on other applications or websites also is strictly prohibited. You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the Application or Website.

Permission to use the Service terminates automatically if you breach any of the terms and conditions of this Agreement.

THIRD PARTY SERVICES AND GEO-ADVERTISING

From time to time, we may use services provided by persons or entities other than us (“Third-Parties”). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third-Parties site, you do so at your own risk. If you choose to login to this service through Facebook or Twitter (or other Third Party OAuth system) -[OAUTH PROVIDERS], you understand and agree that this login is provided through OAUTH PROVIDERS, and that your use of such service and any information that you will be transmitting or receiving pursuant to such service will be subject to the terms and conditions of OAUTH PROVIDERS.  This application and other Third Parties reserve the right to share information, materials and geo-advertising with you, and you consent to the receipt of such information, materials and geo-advertising, unless you expressly opt out, in which case the services may not be available to you. Any link from our Application or Website to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party websites to which you might link from our Application or Website, or which may download or connect with through our Application or Website.  If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.

POSTING CONTENT ON THE APPLICATION

We reserve the right, but not the obligation, to remove any User generated content if it contains or features any of the following unacceptable content: 1) Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech); 2) References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., food poisoning, foreign objects in food, etc.); 3) Content that contains personal attacks or describes physical confrontations and/or sexual harassment;  4)  Language that violates the standards of good taste or the standards of this Application or Website, as determined by us in our sole discretion.  5) Content determined by us to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity; 6) Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;  7) Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or personal information. 

REPORTING

If you see objectionable content or have any questions about this Agreement, please contact us at enquiries@shelfco.com.au

OFFLINE CONDUCT

Although we cannot monitor the conduct of users, it is a violation of this Agreement to use any information obtained from our Application or Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

UNAUTHORISED USE OF THE APPLICATION

Illegal and/or unauthorised uses of the Application or Website, including, but not limited to, unauthorised framing of or linking to the Application or Website or unauthorised use of any robot, spider, or other automated device on the Application or Website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Violation of the Terms

You agree that monetary damages may not provide a sufficient remedy to us for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.

WARRANTIES

THE APPLICATION AND WEBSITE CONTAINS, FACTS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY ORGANISATIONS.  SHELF MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 

LIMITATIONS

 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  No arbitration or other claim under this Agreement may be brought by either party against the other more than one (1) year after the cause of action arises.  Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason of any event beyond its reasonable control, including any act of God, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications. 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:  (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

INDEMNITY

You agree to indemnify, defend, and hold harmless Shelf Companies Australia Pty Ltd, its agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the website and/or software. We reserve the right to take exclusive control and defence of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defences.

DISPUTES

Use in Australia is governed by the laws of the Commonwealth of Australia and the State of New South Wales. We make no representation that this application or website is governed by or operated in accordance with the laws of any other nations.  We nonetheless reserves the right to take legal proceedings in countries other than Australia, to protect its interests or to enforce its rights whenever it deems it appropriate to do so. The prevailing party shall be entitled to reasonable attorney’s fees.

CHANGES TO THIS AGREEMENT

We reserve the right, in our sole discretion, to modify, suspend, or terminate this Agreement, the Service and the Application or Website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of the Application or Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of the Service.

MODIFICATION/TERMINATION OF WEBSITE

In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we shall not be liable to you or any third-party for any termination of your access.

GENERAL LEGAL PROVISIONS

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Service.

If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved.

This Agreement is the entire and final Agreement regarding our Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to such Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Effective as of 31 October 2014

Last Updated on 10 March 2015





© 2018 Shelf Companies Australia

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