Terms of Service

WEBSITE TERMS AND CONDITIONS - LISNIC

1. DEFINITIONS
   Account means an account created by a Business Expert, Business Listing Owner, a Business Advisee or a (general) User of the Lisnic Website.

   Agreed Price means the price relating to Business Expert Services agreed between the Business Expert and the Business Advisee.

   Australian Consumer Law means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

   Business Day means a day that is not a Saturday, Sunday or a public holiday in Melbourne, Australia.

   Consumer Rights means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to become void.

   Force Majeure Event means anything affecting Lisnic that is outside of Lisnic’s reasonable control, including but not limited to fire, storm or other extreme weather event, flood, earthquake, epidemic, pandemic, war, invasion, terrorism, civil commotion, blockade or embargo, labour dispute, labour shortage, failure or delay in transportation or supply, or any law, order, proclamation, regulation, ordinance, demand, requisition or requirement or any other act of any government authority.

   GST means the goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended or replaced from time to time.

   Intellectual Property Rights mean all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property owned by Lisnic.

   Intellectual Property Laws means all laws relating to Intellectual Property Rights in Australia.

   Lisnic, we, us, means Lisnic Pty Ltd (ACN 641 515 504) c/o Level 6, 534 Church Street, Cremorne, Vic 3121, Australia

   Lisnic Platform means the Website, Lisnic smartphone app, and any other affiliated platform that may be introduced.

   Business Advisee means a user that posts a Public or Private Request on the Lisnic Platform in search of particular Business Expert Services.

   Business Expert means a user that provides a Service to a Business Advisee.

   Business Expert Services means the services to be rendered as described in the Posted Request, including any amendments or variations agreed before the creation of a Request Contract.

   User means a customer using Lisnic to search for and/or Review professional service providers which they have transacted with.

   User Content means any submitted, posted, and/or uploaded (via Website, email, phone, online survey or otherwise), content (reviews, questions, messages or other) that may or may not be public to other users.

   Business Listing means the online profile of a professional services provider that displays their legal trading name, address, phone number and other key details.

   Business Owner means the legal proprietor of a business or an authorised person who has permission to claim or list a business on Lisnic.

   Review means the summary and rating of a paying customer’s experience with a professional services provider (Business Listing) posted on Lisnic.

   Notice of Completion means a notice posted by a Business Advisee on the Website that a Posted Request has been completed.

   Personal information is any information about a person where their identity is apparent, or can reasonably be ascertained, and includes Sensitive Information.

   Policies means the policies posted by Lisnic on the Lisnic Platform.

   Verified means that information has been validated as true, accurate or justified by Lisnic.

   Posted Request means the Business Advisee’s request for Business Expert Services published on the Website and includes a description of the Business Expert Services requested.

   Privacy Act means the Privacy Act 1988 (Cth), as amended from time to time.

   Request Contract means a contract formed between the Business Expert and the Business Advisee.

   Request Fee means the fee including GST payable by the Business Advisee to Lisnic as consideration for using the Lisnic Platform.

   Quote Request means a User requests Lisnic to get free, no-obligation quotes from listed Business Profiles based on their specified budget and requirements.

   Free (Standard) Subscription means a Business Owner that has access to the free and basic features of a business listing.

   Premium Subscription means a Business Owner that is billed (monthly or annually) to access the advanced features of a business listing.

   Sensitive Information is information or an opinion about a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences, health or medical information or criminal records.

   You and your means any user of the Website.

   Website means the website with URL www.lisnic.com.
2. SCOPE OF SERVICES - BUSINESS EXPERT SERVICES
   1. This Lisnic service is a two-party agreement through which Business Advisees can publish Posted Requests and Business Experts can make an offer in response to a Posted Request.
   2. A Business Advisee who has registered with the Website and created an Account may create a Posted Request. Segments of the Posted Request will be publicly available on the Website.
   3. Business Advisees can post a public or private Request on the Website. Business Experts who have registered with the Website and created an Account can browse Posted Requests and apply for a Posted Request. Business Advisees can ask a Business Expert questions prior to awarding them a Request Contract.
   4. Business Advisees can search for a Business Expert on the Website (by name, industry, experience, etc). If a Business Advisee finds a Business Expert that meets their requirements, the Business Advisee can invite them to respond to a Posted Request they have posted or book them directly for a Request Contract.
   5. The Business Expert and the Business Advisee will enter into a Request Contract for the provision of the Business Expert Services (see clause 10.1 below).
3. SCOPE OF SERVICES - BUSINESS LISTING DIRECTORY
   1. This Lisnic service is a two-sided platform through which Users can search for and Review professional service providers (which they have transacted with) and Business Owners can claim or list their business.
   2. A User who has registered with the Website and created an Account may post a Review. Segments of the Review will be publicly available on the Website.
   3. Business Owners who have registered with the Website, created an Account and claimed a Business Listing can respond and manage Customer Reviews.
   4. Users can search for a Business on the Website (by name, services, location, budget etc). If a User finds a Business that meets their requirements, the User can either visit the Business’s website or directly contact the Business using information provided on their Lisnic listing.
   5. All Website Users should note that Lisnic does not favour or endorse any one or group of Business Listings and does not receive a fee in any capacity as a broker, representative, agent or other related party. Any payment received by Lisnic is solely in connection with our Premium subscription model.
   6. Quote Requests that are determined inappropriate, at the sole discretion of Lisnic, will not be actioned.
4. USER CONTENT
   You are responsible for the User Content you submit
   1. You acknowledge and accept that you are solely responsible for any and all User Content you submit. Any User Content you submit must be accurate, truthful and up to date.
   2. You accept all risk for any User Content you submit which may expose you and only you to liability if you submit User Content that is false, misleading, defamatory, violates any third party right or contains unlawful material. You agree that you will hold Lisnic harmless for any and all claims resulting from User Content that you have submitted, including but not limited to defamation and copyright.
   3. You further acknowledge and accept that we reserve the right, at our sole discretion, to reject, edit or remove any User Content that we have reason to believe is fake, false, unfair or in breach of our community guidelines. Lisnic has no obligation to retain or provide you with copies of User Content that has been removed or edited.
   Rely on User Content at your own risk
   4. Lisnic is committed to verifying User Content but we cannot guarantee that all data displayed on the Lisnic Platform is correct. By using Lisnic, you bear all risks associated with relying on User Content posted by others, inclusive but not limited to products, services, reviews and/or profile information. User Content and rankings consist of the opinions of third-parties and may contain inaccuracies.
   Lisnic’s Licence over User Content
   5. When you submit User Content to the Lisnic Platform, you grant Lisnic worldwide, permanent, irreversible, royalty-free, universal and sub-licensable (subject to these Terms), access to re-use the User Content for any purpose. This includes but is not limited to publishing, reformatting, adapting, translating, distributing and editing in whole or any part, in any format or medium, without any consent, notice and/or compensation to you or to any third party. By submitting User Content, you grant Lisnic worldwide, permanent, irreversible, royalty-free, universal and sub-licensable permission to repurpose review content into PDF case studies that Business Listings on Lisnic may use and share to advertise their previous work and services.
   6. You are not entitled to any compensation should your User Content be used for advertising purposes.
   Feedback
   7. Any and all of your Feedback (suggestions, corrections, updates, alterations, changes or modifications) to do with the Lisnic Platform is the property of Lisnic and you hereby disown any rights in such feedback to Lisnic without payment to you.
5. THIRD PARTY DATA
   1. By using Lisnic, Business Owners grant us the right to collect and display additional third party profile data prior and after their business has been claimed. This includes data available via open source research and data collected from credit reporting agencies.
6. REGISTRATION AND ACCOUNTS - BUSINESS EXPERT SERVICES
   1. Business Advisees will be required to register and create an Account with Lisnic to post a Posted Request.
   2. Business Experts will be required to register and create an Account to apply for Posted Requests.
   3. Registration requires you to provide certain registration information including your username, phone number, email address and password. You are required to keep this information up to date. If registration details are not kept up to date we reserve the right to cancel or suspend your Account. Your username, name or email address must not be (a) a duplicate Account (b) offensive, or obscene in any way, or (c) deliberately incorrect.
   4. You acknowledge and agree that you are solely responsible for any activity and use of your Account and maintaining confidentiality of your password. You are only permitted to have a single active Account on the Website. You must notify Lisnic immediately if you suspect your Account has been misused or accessed by a third party.
7. REGISTRATION AND ACCOUNTS - BUSINESS LISTING DIRECTORY
   1. Users will be required to register and create an Account with Lisnic to post a Review.
   2. Business Owners will be required to register and create an Account to claim or list a business.
   3. Registration requires you to provide certain registration information including your username, phone number, email address and password. You are required to keep this information up to date. If registration details are not kept up to date we reserve the right to cancel or suspend your Account. Your username, name or email address must not be (a) a duplicate Account (b) offensive, or obscene in any way, or (c) deliberately incorrect.
   4. You acknowledge and agree that you are solely responsible for any activity and use of your Account and maintaining confidentiality of your password. You are only permitted to have a single active Account on the Website. You must notify Lisnic immediately if you suspect your Account has been misused or accessed by a third party.
8. QUALIFICATIONS OF EXPERTS
   1. In using the Website and applying for a Posted Request, Business Experts represent and warrant to the Business Advisee and Lisnic that they have the appropriate skills and qualifications to undertake the Posted Request, and hold any licences, permits, registrations or equivalent required under any applicable law to provide the Business Expert Services.
   2. Lisnic reserves the right to request copies of a Business Expert’s qualifications and suspend a Business Expert’s Account if for any reason, Lisnic believes on reasonable grounds that the Business Expert’s qualification is inadequate or has been falsified or fabricated.
9. QUALIFICATIONS OF BUSINESS OWNERS
   1. In using the Website and applying for a Business Listing, Business Owners represent and warrant to Users and Lisnic that they (and their business) have the appropriate documentation to provide professional services and hold any licences, permits, registrations, certificates or equivalent required under any applicable law to provide professional services.
   2. Lisnic reserves the right to request copies of a Business Owner’s registration/certification and suspend a Business Owner’s Account (and Business Listing) if for any reason, Lisnic believes on reasonable grounds that the Business Owner’s registration is inadequate or has been falsified or fabricated.
10. BUSINESS EXPERT ADVICE CONTRACT AND PAYMENT
    1. The Business Advisee and the Business Expert shall enter into a Request Contract when the Business Expert makes an offer in response to a Posted Request to perform the Business Expert Services and this is accepted by the Business Advisee at the Agreed Price (Request Contract). A Request Contract will only be formed when the Business Advisee has transferred the Agreed Price and the Request Fee to Lisnic to hold in escrow pending completion of the Business Expert Services. Lisnic will not be a party to the Request Contract.
    2. The Agreed Price for a Request Contract must be paid by the Business Advisee in accordance with the process outlined in this clause 10. Payment of the Request Fee is non-refundable.
    3. Once a Request Contract is accepted, the Business Advisee and Business Expert will need to book in a time via the Website’s messaging service. Once the session time is confirmed, the Business Advisee and Business Expert will be sent a link to access the Website’s secure video conferencing facilities to conduct the session. The Business Expert Services must be conducted via the Website’s secure video conferencing facilities.
    4. The Business Advisee must submit a Notice of Completion to Lisnic when the Posted Request is completed. The Business Advisee will immediately be prompted to leave a rating and review for the Business Expert.
    5. Once a Notice of Completion has been submitted and verified, the Business Advisee will be prompted to book another session (the Business Advisee can purchase a single session or discounted bulk sessions).
    6. Lisnic accepts no responsibility for any aspect of the Business Advisee and Business Expert’s interaction, including but not limited to the description, performance or delivery of the Business Expert Services under a Request Contract.
    7. To the extent permitted by the applicable law, the Lisnic Platform is provided on an “as is” basis without any express or implied warranty or condition, including but not limited to implied warranties of acceptable care and skill, fitness for purpose, merchantability and title.
    8. The amount of the Request Fee may be revised at Lisnic’s discretion from time to time. If Lisnic varies the amount of the Request Fee, the revised Request Fee will be posted on the Website, and Business Advisee and Business Experts will be notified in writing of the revised Request Fee via email.
    9. Lisnic reserves the right to change the Lisnic fee structure at any time by posting such changes on the Website and/ or advising Business Advisees and Business Experts who hold accounts via email.
11. BUSINESS LISTING SUBSCRIPTION MODEL AND PAYMENT
    1. As a Business Owner, you can select to enjoy the Lisnic Platform on either a Free (standard) or Premium Subscription. No credit card details are required to use the Free Subscription.
    2. If you purchase a Premium Subscription or any other paid Lisnic Services, you agree to have the payment and all related taxes (as set forth at the time of purchase) directly debited from your account on a month-to-month or annual basis as per your subscription.
    3. The monthly subscription payment will be billed at the beginning of your subscription and on the 1st of every month thereafter unless you cancel your subscription via email at support@lisnic.com or the Lisnic Dashboard. Likewise, the annual subscription will be billed at the beginning of your subscription and on July 1 every year thereafter unless you cancel your subscription.
    4. If the payment method you have selected for Lisnic, such as a credit card, reaches its expiration date and you do not update your payment information or cancel your subscription, you authorise Lisnic to continue billing that payment method and you remain responsible for any overdue amounts.
    5. Lisnic reserves the right to restrict, suspend or terminate your access to the Premium Subscription at any time without prior notice or liability if you (1) breach these Terms or (2) fail to pay your subscription.
12. CONDITIONS FOR BUSINESS ADVISEES
    1. By using this Website, a Business Advisee acknowledges and agrees that:
       1. you will comply with these Terms and the Policies;
       2. you are 18 years of age or over;
       3. you are willing and able to produce a copy of your proof of identity (e.g. drivers license or passport) if requested by Lisnic; and
       4. all information entered by you on the Website is correct, including your contact details and information provided when creating an Account in relation to Posted Requests. If for any reason, Lisnic believes on reasonable grounds that a Business Advisee has not complied with these Terms, Lisnic may remove a Posted Request.
13. CONDITIONS FOR BUSINESS EXPERT
    1. By using this Website, a Business Expert acknowledges and agrees that:
       1. you will comply with these Terms and the Policies;
       2. you are 18 years of age or over;
       3. you are willing and able to produce a copy of your proof of identity (e.g. drivers licence or passport) if requested by Lisnic;
       4. all information entered by you on the Website is correct, including your contact details and information provided when creating an Account and applying for Posted Requests; and
       5. you will personally perform the Business Expert Services and will not subcontract the Business Expert Services under a Request Contract to a third party.
14. CONDITIONS FOR USERS
    1. By using this Website, a User acknowledges and agrees that:
       1. you will comply with these Terms and the Policies;
       2. you are 18 years of age or over;
       3. you are willing and able to produce a copy of your proof of identity (e.g. drivers licence or passport) if requested by Lisnic;
       4. all information entered by you on the Website is correct, including your contact details and information provided when creating an Account and posting a Review; and
       5. you will only submit Reviews for businesses that you have transacted with and are able to prove your transaction if requested by Lisnic for verification.
15. CONDITIONS FOR BUSINESS OWNERS
    1. By using this Website, a Business Owner acknowledges and agrees that:
       1. you will comply with these Terms and the Policies;
       2. you are 18 years of age or over;
       3. you are willing and able to produce a copy of your proof of identity (e.g. drivers licence or passport) and Business Registration (ABN or an equivalent) if requested by Lisnic;
       4. all information entered by you on the Website is correct, including your contact details, information provided when creating an Account and listing your business; and
       5. you are able to provide evidence to validate all the information (services, case studies, team members, address etc) displayed in your Business Listing if requested by Lisnic for verification.
16. USE OF THE WEBSITE
    1. Use of this Website by you is at your own risk.
    2. Lisnic will endeavour to ensure that all content provided on this Website is accurate and up to date. However, Lisnic does not warrant or represent that the material displayed on this Website is free from human or mechanical error, technical inaccuracies or other errors or defects.
    3. You agree not to use the Lisnic Platform for any unlawful purpose. You acknowledge and agree that you are solely responsible for your Account and will not submit or allow any third party to submit any content that:
       1. you know is false, misleading, inaccurate, or deceptive;
       2. is inappropriate and or prohibited under the Policies;
       3. is unauthorised advertising or spam; or
       4. is an invasion of another person’s privacy.
    4. You agree that you will not (i) directly or indirectly contact or solicit any other individual or entity on or through this Website or the Lisnic Platform for any purpose other than to perform and receive Business Expert Services, search for and Review businesses or claim and manage your Business Listing on the Website and in accordance with these Terms (ii) disclose private contact details or share third party links in any public areas of the Website (iii) create duplicate Accounts (v) access or use the Website with another user’s username, password or email (v) post any information to incite hatred or violence, discriminate, harass or troll (vi) collect or disseminate information about other users, or (viii) use the Website to market or solicit services which are unlawful.
    5. You agree that you will not (nor will you assist or encourage others) to duplicate, license, publish, sell, rebrand, distribute, broadcast or otherwise transfer information found on Lisnic (excluding User Content submitted by you) to third parties.
    6. You agree not (nor will you assist or encourage others) to remove, ignore, or modify any copyright, trademark or other proprietary rights notices that appear on the Website.
    7. You agree not (nor will you assist or encourage others) to override or attempt to override any Lisnic security component.
    8. You agree not (nor will you assist or encourage others) to use manual or automated software, devices, script robots or other means to access, “scrape”, “spider” or otherwise copy any Expert or Business Profiles to or for any service that is competitive (in Lisnic’s sole discretion) with Lisnic or to create a searchable database of reviews or content listed on Lisnic.
    9. Lisnic reserves the right to vary or modify the Website at any time without notice and to cancel or block a user’s Account.
17. INTELLECTUAL PROPERTY
    1. Lisnic reserves all rights of ownership in the contents of this Website and all services featured on the Website and is protected under Intellectual Property Laws. We own all right, title and interest in the Website and its content, including all Intellectual Property Rights.
    2. You agree that you will not use, reproduce, modify, distribute, publish, store, transmit, commercially exploit, modify or create any derivative works from any content in whole or in part or permit or assist any other person to do so.
18. COPYRIGHT POLICY
    1. Lisnic respects the intellectual property of others and expects all Lisnic Users to do the same. Lisnic will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to our designated copyright agent in accordance with the Copyright Act 1968.
    2. Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding User Content that appears on Lisnic is: Lisa Teh, lisa@lisnic.com
19. PRIVACY
    1. All Personal Information will be dealt with in accordance with our Privacy Policy. Our Privacy Policy is accessible at lisnic.com/privacy-policy.
20. STATUTORY REMEDIES
    1. You have certain Consumer Rights under the Australian Consumer Law and other similar state and territory legislation, including the consumer guarantees, which cannot be excluded.
    2. To the extent permitted by law, Lisnic’s liability in relation to your Consumer Rights will be limited to providing, at Lisnic’s discretion, a replacement of the services provided to the Business Advisee, Business Expert, User or Business Owner (where possible) or payment of the cost of having goods or services supplied again, or is otherwise limited to the remedies required of Lisnic under the Australian Consumer Law or other applicable law.
21. LIMITATION OF LIABILITY
    1. This clause must be read subject to any local laws in your jurisdiction.
    2. You acknowledge and agree that, to the extent permitted by the applicable law, Lisnic shall not be liable to you for any loss (whether direct, indirect, or consequential) which may be incurred by you in connection with:
       1. your access to and use of the Lisnic Platform and/or if certain information on the Lisnic Platform is incorrect, incomplete or not up to date;
       2. your failure to keep your password or Account details secure and confidential;
       3. any unauthorised use or access to the Lisnic Platform, including but not limited to any hacking or security breach;
       4. any changes to any Policies;
       5. any aspect of the Business Advisee and Business Expert interaction, including but not limited to the description, performance or delivery of a Posted Request or Request Contract;
       6. any aspect of the User and Business Owner interaction, including but not limited to email and phone enquiries directly made from a Business Listing page;
       7. any damage, loss, injury or death to or of a person or property;
       8. any defects or faults in the work or as a consequence of the Business Expert undertaking a Request Contract;
       9. any defects, faults or contract cancellations in the work produced by a Business listed on Lisnic or;
       10. a Force Majeure Event.
    3. Your use of this Website and services is solely at your own risk. To the extent permitted by the applicable law, Lisnic:
       1. excludes all representations and warranties relating to the Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the Website and/or our literature and marketing materials; and
       2. excludes damage or loss if the Website or service is not available at any particular time or location, is interrupted, crashes or generally unsecure.
    4. By accepting these Terms you agree to indemnify Lisnic (and our employees, officers, directors and affiliates) from any claims, liabilities, obligations, losses, debts and expenses including legal fees, arising from (a) your access, use or misuse of the Website by you or any third party using your Account (b) your infringement of these Terms or any Policies (c) your infringement of any Intellectual Property Rights of Lisnic or any third party (d) your infringement of any applicable law (e) any third party misuse of your Personal Information, including username and password, in accessing the Lisnic Platform.
    5. You indemnify and hold Lisnic (and our officers, directors, agents, subsidiaries, partners, and employees) harmless from any claim or demand (including solicitor’s fees on an indemnity basis) made by any third party due to or arising out of your breach of these Terms or your violation of any applicable law to the rights of a third party.
22. DISPUTES
    1. In the first instance, any Business Advisee, Business Experts, User, Business Owner and/or Lisnic agree to attempt to resolve any dispute within 14 days of the dispute arising, by way of informal negotiation.
    2. If the parties cannot resolve the dispute under clause 28.1, Lisnic will make a decision that will be deemed to be binding on both parties.
    3. Nothing in this clause shall prevent a party from seeking urgent equitable relief before an appropriate Court.
23. TERMINATION OF ACCOUNTS
    1. A user of the Website may terminate their Account at any time by sending an email to support@lisnic.com. We reserve the right to cancel a user’s profile for inappropriate behaviour, misuse of the Lisnic platform, from actions that potentially cause damage to the Lisnic Platform, or non-adherence to these Terms or the Policies.
24. GOVERNING LAW
    1. These Terms are governed by the laws of Victoria, Australia. By accessing and using this platform, you agree to submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.
25. GENERAL PROVISIONS
    1. A reference to a 'party' includes a Business Advisee, Business Expert, User, Business Owner or Lisnic.
    2. Unless the context requires otherwise, the singular includes the plural and the plural includes the singular in these Terms.
    3. If a provision (or part of it) of these Terms is held to be unenforceable or invalid, then to the extent possible the provision will be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by the applicable law.
    4. The Lisnic Platform includes links to third party websites which you can choose to access at your own risk. Lisnic is not responsible for and does not endorse any content, services, products or other materials on or available from third party websites. Lisnic is not responsible or liable for any damage or loss caused or believed to be caused directly or indirectly by choosing to rely on a third party website. These Terms do not apply to your use of any third party site who may have their own Terms of Service and Privacy to which you may be bound.
    5. Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provisions of these Terms.
    6. All information exchanged during or in respect of the Business Expert sessions are deemed to be confidential and must be treated so by both parties unless express written consent has been provided by the disclosing party permitting the information to be shared.
26. CUSTOMER SUPPORT
    1. Please submit any questions about our Terms and Conditions here.