Terms and Conditions of Use


General

Access to and use of the website www.nearbynerd.com.au is provided by NearbyNerd Pty Ltd (ABN 97 152 609 919) on the following Terms.

Please read the whole of this page carefully. If you do not agree to these Terms, you should not obtain information, services or products from this site.

NearbyNerd reserves the right to review and modify any of the Terms of Use at any time. This page should be reviewed periodically so that you are updated on any changes. NearbyNerd welcomes your comments and feedback.


Disclaimer

The information on this web site is provided in good faith and NearbyNerd believes it to be accurate. However, if you wish to obtain services from NearbyNerd, you should not rely solely on the information in this web site but should make specific inquiry concerning the nature of the services and their suitability for the use to which they will be put. Unless stated otherwise, all information on this web site is supplied without any warranty, condition or other term as to the quality of any services or their suitability for any particular purpose.

NearbyNerd is not liable to you or anyone else for any loss of income, profit, business contracts or goodwill or any indirect or financial loss suffered whether arising in contract, negligence or otherwise arising in connection with use of this web site. To the extent permitted by law, NearbyNerd liability for breach of any implied warranty or condition which cannot be excluded is limited to the supply of the services again or the payment of the cost of having services supplied again.

You indemnify NearbyNerd, its affiliates, employees, agents, contributors, third party content providers and licensees from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of your accessing, using or transacting on this site or your attempts to do so and any breach by you or your agents of these Terms.

Any pricing displayed in nerds listings on this site may not be current, please contact the nerd to confirm that the pricing is current.

Membership

  1. You must be at least 15 years old to become a member of NearbyNerd. You must not attempt to register if you are under 15 years old.
  2. When registering as a member of NearbyNerd, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing the "My Profile" page .
  3. As a member, you are permitted to create one NearbyNerd profile for yourself. You must not create multiple nerd profiles.
  4. All personal information you provide to us will be treated in accordance with our Privacy Policy.

Service

NearbyNerd provides users with listings of, and the ability to easily contact, persons that have chosen to advertise on the Site ("Nerds") so that users may schedule appointments for repair and support services provided by the Nerds (the "Services"). To fully utilize the Site, we may require you to complete the applicable registration forms located at the Site ("Registration Forms"). The information that we may require you to supply on the Registration Forms may include, but is not limited to: 1) your first name; 2) last name; 2) complete mailing address; 3) email address; and 4) home telephone number (collectively, the "Registration Data"). Upon submitting your Registration Data, NearbyNerd may transfer such Registration Data to the applicable Nerds in connection with facilitating your request for the applicable Services.

The Nerds may request additional information from you in order to schedule an appointment and provide their Services. The Services provided and fees charged by any of the Nerds will be determined by that entity. You agree to provide true, accurate, current and complete Registration Data. NearbyNerd and the applicable Nerds each have the right to reject any Registration Data where it is determined, in the sole and exclusive discretion of NearbyNerd and the applicable Nerds, that: 1) you are in breach of the Agreement; and/or 2) the Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. NearbyNerd and the applicable Nerds each may change the Registration Data criteria at any time, in their sole discretion.

Please be advised that NearbyNerd does not itself recommend, endorse, screen, own or operate any repair shops, and that the Nerds are solely responsible for the provision of the Services to you. We are able to provide you with information regarding and the ability to contact the Nerds through the Site because the Nerds have agreed to allow us to advertise their Services on the Site.

You understand and agree that NearbyNerd shall not be liable to you or any third party with respect to any Services offered by any Nerds. If NearbyNerd terminates the Agreement for any of the reasons set forth in the Agreement, NearbyNerd shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with NearbyNerd.

Copyright

This web site is the copyright property of NearbyNerd. You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-commercial use. Apart from any use as permitted under the Copyright Act 1968, you may not, in any form or by any means:

  • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this web site; or
  • commercialise any information, products or services obtained from any part of this web site, without the written permission of NearbyNerd.

Linked Web Sites

This web site may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained.

Links to those web sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of those web sites, or for any information, products or services referred to on those other web sites. Unless stated otherwise, we have:

  • no relationship with the owners or operators of those linked web sites; and
  • no control over or rights in those linked web sites.

User Licence to NearbyNerd

By placing or sending any information or other material to NearbyNerd (including posting messages, uploading files, inputting data or engaging in any other form of communication) you grant to NearbyNerd a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted worldwide license to do the following in respect of the information or material:

  • use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
  • sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trade mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of NearbyNerd and any other party authorized by NearbyNerd all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material.

Licence Grant

As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. NearbyNerd may terminate this license at any time for any reason. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect NearbyNerd related information from the Site or property except as expressly permitted by NearbyNerd. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. NearbyNerd reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on NearbyNerd infrastructure. Your right to use the Site is not transferable.

Notices

Except as otherwise stated in these terms and conditions, NearbyNerd reserves the right to provide notice to you, from time to time, either by mail, e-mail or posting on this Website.

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit and/or delete any documents, information, offers and/or other content appearing on the Site.