Thank you for using FindaConsultant, a trading name of Matchboard Pty Ltd. Following is an overview of how our matching service works and the Terms and Conditions of Use.
FindaConsultant's services. FindaConsultant matches you with Consultants that you wish to engage to meet a specific business need. We strive to enlist the highest quality Consultants but cannot guarantee Consultants' performance.
Your Use of Service. FindaConsultant's sole role is to connect you with the best-fit Consultant(s) matching your requirements. You decide whether to engage any of these Consultants. By lodging a questionnaire on our site, you agree that FindaConsultant and our Consultants may contact you. You should only use the matching service if you have legitimate consulting needs, whether in the short or longer term.
Information you provide to us. You will be asked to provide information regarding your requirements and contact information to allow Consultants to respond to you directly. The information you provide us must be complete and accurate.
Communications. FindaConsultant may, from time to time, send you communications related to your request. You may opt out of these communications at any time.
FindaConsultant Terms and Conditions
Updated: September 1, 2014
Terms and Conditions
Access to and use of the FindaConsultant site is provided subject to the following terms and conditions. Please read these terms and conditions carefully as your use of the site and FindaConsultant's services constitutes acceptance of these terms and conditions. If you do not agree to the terms and conditions, do not use the site or services. FindaConsultant may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page. To the extent permitted by law, you are bound by any such modification or revision and should visit this page periodically to review the terms.
1. Services
FindaConsultant provides a service that allows buyers to submit requests to be matched with Consultants who can meet their needs. We strive to make your experience a positive one. It should be noted that FindaConsultant may not always be able to match your requirements with Consultants. While we screen and seek to enlist only the highest quality Consultants, we do not guarantee the quality or the credentials of the Consultants who respond to you. As FindaConsultant is a conduit for matching buyers with Consultants, we are not responsible for any transaction that may occur between you and/or your organisation and a FindaConsultant participating Consultant. FindaConsultant does not guarantee the quality, safety or legality of the information provided or the products and services sold. You should exercise as much caution as you would typically exercise with any purchase of products or services.
Should you have a dispute with any Consultant, you must address such dispute with the Consultant directly. You hereby agree to release FindaConsultant (and our employees and agents) from any and all damages or claims (including consequential and incidental damages) arising out of or in any way connected with such disputes and your transactions with Consultants.
2. Your use of FindaConsultant Services
FindaConsultant enables you to engage with Consultants for the purchase of their services. However, FindaConsultant is not the Consultant of such products or services, nor is it a third party to any transactions involving such products or services.
You agree that by completing a questionnaire on our site, you are entering into an agreement with FindaConsultant and a business relationship with FindaConsultant's Consultants and thus agree to be contacted by FindaConsultant and its Consultants. You acknowledge that these Consultants can contact you regarding your request and that you are expressly consenting to such contact by them, or FindaConsultant if necessary, to fulfill such request via phone, email, mail or other reasonable means, at any of your contact numbers or addresses.
It is agreed that your use of FindaConsultant’s services is for sourcing purposes and not for any other purpose including advertising or competitive intelligence. You acknowledge that FindaConsultant screens your questionnaire and has the right (but not the obligation) in our sole discretion to deny any request that is in violation of these terms and conditions.
If it is determined or suspected by FindaConsultant in its sole discretion that you are misusing or attempting to misuse or circumvent the FindaConsultant services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, or spamming, FindaConsultant reserves the right, in its sole discretion, to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
3. Information you provide to us
When using FindaConsultant services, you will be prompted to disclose certain information about yourself and your consulting requirements. This information will be sent to matched Consultants who will need this information to respond to you. You agree to only complete a questionnaire for yourself or another person who has authorised you to share his or her contact information. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or FindaConsultant has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FindaConsultant has the right to refuse you any current or future use of the FindaConsultant services. Consultants are responsible for any use of the FindaConsultant services by persons to whom you intentionally or negligently allow access to your password. Your acceptance of these Terms & Conditions indicates that you expressly consent to our use and disclosure of your personal information in accordance with our Privacy Policy.
4. Your use of FindaConsultant Content
FindaConsultant also provides content including but not limited to text, software, photos, graphics, data, and other material ("Content"). The Content includes both content owned or controlled by FindaConsultant and content owned or controlled by third parties and licensed to FindaConsultant. FindaConsultant authorises you to view and download a single copy of the Content on the site solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of FindaConsultant. You agree that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Use of FindaConsultant content for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
5. Links to third party sites
There are links in the FindaConsultant website that will allow you to leave FindaConsultant's website. The linked sites are not under the control of FindaConsultant, and FindaConsultant is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. FindaConsultant is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by FindaConsultant of the site.
6. Communications
FindaConsultant may send you information related to your request. You acknowledge and agree that FindaConsultant has the right to do so. FindaConsultant may also send you information and offers related to FindaConsultant products and services, which you can choose to opt out of by changing your notification preferences as described in our privacy policy.
7. General terms
You acknowledge and agree that the FindaConsultant services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and FindaConsultant's sole obligation to you or any third party for any claim arising out of your use of the FindaConsultant services or the FindaConsultant Website, is that you may terminate use of the FindaConsultant services or the FindaConsultant Website at any time. FINDACONSULTANT AND/OR ITS RESPECTIVE CONSULTANTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FINDACONSULTANT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF FINDACONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT.
You agree to indemnify FindaConsultant, and its subsidiaries, affiliates, officers, employees, agents, and co-branders and hold them each harmless from any and all claims or demands, including legal fees, made by any third party due to or arising from your use of the FindaConsultant services or connection to the FindaConsultant website or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party. The Terms and Conditions will inure to the benefit of FindaConsultant's successors, assignees and licensees. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. The failure of FindaConsultant to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to use of the FindaConsultant services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arises. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FindaConsultant as a result of this Agreement or use of this Website.
This Agreement is governed by the laws of the Commonwealth of Australia. You hereby consent to the exclusive jurisdiction and venue of courts of the State ofNew South Wales, in all disputes arising out of or relating to the use of this site.
This Agreement constitutes the entire agreement between you and FindaConsultant with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and FindaConsultant with respect to this site.