- About the Website
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Welcome to phishtrack.net (the 'Website'). The Website provides domain registration discovery (the 'Services').
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The Website is operated by phishtrack.net (ABN 44 565 343 373).
Access to and use of the Website, or any of its associated Products
or Services, is provided by phishtrack.net. Please read these terms
and conditions (the 'Terms') carefully. By using, browsing and/or
reading the Website, this signifies that you have read, understood
and agree to be bound by the Terms. If you do not agree with the
Terms, you must cease usage of the Website, or any of Services,
immediately.
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phishtrack.net reserves the right to review and change any of
the Terms by updating this page at its sole discretion. When
phishtrack.net updates the Terms, it will use reasonable endeavours
to provide you with notice of updates to the Terms. Any changes to
the Terms take immediate effect from the date of their publication.
Before you continue, we recommend you keep a copy of the Terms for
your records.
- Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept
the Terms by clicking to accept or agree to the Terms where this
option is made available to you by phishtrack.net in the user
interface.
- Subscription to use the Services
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In order to access some part of the Services, you must first
purchase a subscription through the Website (the 'Subscription') and
pay the applicable fee for the selected Subscription (the
'Subscription Fee')
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In purchasing the Subscription, you acknowledge and agree that
it is your responsibility to ensure that the Subscription you elect
to purchase is suitable for your use.
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You warrant that any information you give to phishtrack.net in
the course of completing the registration process will always be
accurate, correct and up to date.
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Once you have completed the registration process, you will be a
registered member of the Website ('Member') and agree to be bound
by the Terms. As a Member you will be granted immediate access to
the Services from the time you have completed the registration
process until the subscription period expires (the 'Subscription
Period').
- You may not use the Services and may not accept the Terms if:
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you are not of legal age to form a binding contract with
phishtrack.net; or
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you are a person barred from receiving the Services under the
laws of Australia or other countries including the country in
which you are resident or from which you use the Services.
- Your obligations as a Member
- As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices orguidelines in the relevant jurisdictions;
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you have the sole responsibility for protecting the
confidentiality of your password and/or email address. Use of
your password by any other person may result in the immediate
cancellation of the Services;
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any use of your registration information by any other person,
or third parties, is strictly prohibited. You agree to
immediately notify phishtrack.net of any unauthorised use of
your password or email address or any breach of security of
which you have become aware;
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access and use of the Website is limited, non-transferable
and allows for the sole use of the Website by you for the
purposes of phishtrack.net providing the Services;
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you will not use the Services or the Website in connection
with any commercial endeavours except those that are
specifically endorsed or approved by the management of
phishtrack.net;
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you will not use the Services or Website for any illegal
and/or unauthorised use which includes collecting email
addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorised framing
of the Website;
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you agree that commercial advertisements, affiliate links,
and other forms of solicitation may be removed from the
Website without notice and may result in termination of the
Services. Appropriate legal action will be taken by
phishtrack.net for any illegal or unauthorised use of the
Website; and
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you acknowledge and agree that any automated use of the
Website or its Services is prohibited.
- Payment
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Where the option is given to you, you may make payment of the
Subscription Fee by way of Credit Card Payment ('Credit
Card')
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All payments made in the course of your use of the Services are
made using Stripe. In using the Website, the Services or when
making any payment in relation to your use of the Services, you
warrant that you have read, understood and agree to be bound by
the Stripe terms and conditions which are available on their
website.
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You acknowledge and agree that where a request for the payment
of the Subscription Fee is returned or denied, for whatever
reason, by your financial institution or is unpaid by you for
any other reason, then you are liable for any costs, including
banking fees and charges, associated with the Subscription Fee.
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You agree and acknowledge that phishtrack.net can vary the
Subscription Fee at any time and that the varied Subscription
Fee will come into effect following the conclusion of the
existing Subscription Period.
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Refund Policy
phishtrack.net will only provide you with a refund of the
Subscription Fee in the event they are unable to continue to
provide the Services or if the manager of phishtrack.net makes a
decision, at its absolute discretion, that it is reasonable to do
so under the circumstances. Where this occurs, the refund will be
in the proportional amount of the Subscription Fee that remains
unused by the Member (the 'Refund').
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Copyright and Intellectual Property
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The Website, the Services and all of the related products of
phishtrack.net are subject to copyright. The material on the
Website is protected by copyright under the laws of Australia
and through international treaties. Unless otherwise indicated,
all rights (including copyright) in the Services and
compilation of the Website (including but not limited to text,
graphics, logos, button icons, video images, audio clips,
Website, code, scripts, design elements and interactive
features) or the Services are owned or controlled for these
purposes, and are reserved by phishtrack.net or its
contributors.
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All trademarks, service marks and trade names are owned,
registered and/or licensed by phishtrack.net, who grants to you
a worldwide, non-exclusive, royalty-free, revocable license
whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
phishtrack.net does not grant you any other rights whatsoever
in relation to the Website or the Services. All other rights
are expressly reserved by phishtrack.net.
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phishtrack.net retains all rights, title and interest in and to
the Website and all related Services. Nothing you do on or in
relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
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You may not, without the prior written permission of
phishtrack.net and the permission of any other relevant rights
owners: broadcast, republish, upload to a third party,
transmit, post, distribute, show or play in public, adapt or
change in any way the Services or third party Services for any
purpose, unless otherwise provided by these Terms. This
prohibition does not extend to materials on the Website, which
are freely available for re-use or are in the public domain.
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Privacy
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phishtrack.net takes your privacy seriously and any information
provided through your use of the Website and/or Services are
subject to phishtrack.net's Privacy Policy, which is available
on the Website.
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General Disclaimer
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Nothing in the Terms limits or excludes any guarantees,
warranties, representations or conditions implied or imposed by
law, including the Australian Consumer Law (or any liability
under them) which by law may not be limited or excluded.
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Subject to this clause, and to the extent permitted by law:
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all terms, guarantees, warranties, representations or
conditions which are not expressly stated in the Terms are
excluded; and
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phishtrack.net will not be liable for any special, indirect
or consequential loss or damage (unless such loss or damage
is reasonably foreseeable resulting from our failure to
meet an applicable Consumer Guarantee), loss of profit or
opportunity, or damage to goodwill arising out of or in
connection with the Services or these Terms (including as a
result of not being able to use the Services or the late
supply of the Services), whether at common law, under
contract, tort (including negligence), in equity, pursuant
to statute or otherwise.
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Use of the Website and the Services is at your own risk.
Everything on the Website and the Services is provided to you
"as is" and "as available" without warranty or condition of any
kind. None of the affiliates, directors, officers, employees,
agents, contributors and licensors of phishtrack.net make any
express or implied representation or warranty about the
Services or any products or Services (including the products or
Services of phishtrack.net) referred to on the Website,
includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
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failure of performance, error, omission, interruption,
deletion, defect, failure to correct defects, delay in
operation or transmission, computerv irus or other harmful
component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction,
alteration or unauthorised access to records;
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the accuracy, suitability or currency of any information on
the Website, the Services, or any of its Services related
products (including third party material and advertisements
on the Website);
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costs incurred as a result of you using the Website, the
Services or any of the products of phishtrack.net; and
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the Services or operation in respect to links which are
provided for your convenience.
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Limitation of liability
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phishtrack.net's total liability arising out of or in
connection with the Services or these Terms, however arising,
including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the
resupply of the Services to you.
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You expressly understand and agree that phishtrack.net, its
affiliates, employees, agents, contributors and licensors shall
not be liable to you for any direct, indirect, incidental,
special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of
liability. This shall include, but is not limited to, any loss
of profit (whether incurred directly or indirectly), any loss
of goodwill or business reputation and any other intangible
loss.
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Termination of Contract
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The Terms will continue to apply until terminated by either you
or by phishtrack.net as set out below.
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If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
- providing phishtrack.net with 0 days' notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where phishtrack.net has made this option available to you.
Your notice should be sent, in writing, to phishtrack.net via the 'Contact Us' link on our homepage.
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phishtrack.net may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- phishtrack.net is required to do so by law;
- the provision of the Services to you by phishtrack.net is, in the opinion of phishtrack.net, no longer commercially viable.
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Subject to local applicable laws, phishtrack.net reserves the
right to discontinue or cancel your membership at any time and
may suspend or deny, in its sole discretion, your access to all
or any portion of the Website or the Services without notice if
you breach any provision of the Terms or any applicable law or
if your conduct impacts phishtrack.net's name or reputation or
violates the rights of those of another party.
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Indemnity
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You agree to indemnify phishtrack.net, its affiliates,
employees, agents, contributors, third party content providers
and licensors from and against:
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all actions, suits, claims, demands, liabilities, costs,
expenses, loss and damage (including legal fees on a full
indemnity basis) incurred, suffered or arising out of or in
connection with Your Content;
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any direct or indirect consequences of you accessing, using
or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
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Venue and Jurisdiction
The Services offered by phishtrack.net is intended to be viewed
by residents of Australia. In the event of any dispute arising
out of or in relation to the Website, you agree that the
exclusive venue for resolving any dispute shall be in the courts
of Victoria, Australia.
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Governing Law
The Terms are governed by the laws of Victoria, Australia. Any
dispute, controversy, proceeding or claim of whatever nature
arising out of or in any way relating to the Terms and the rights
created hereby shall be governed, interpreted and construed by,
under and pursuant to the laws of Victoria, Australia, without
reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not
contested. The Terms shall be binding to the benefit of the
parties hereto and their successors and assigns.
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Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms
are fair and reasonable and both parties having taken the
opportunity to obtain independent legal advice and declare the
Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
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Severance
If any part of these Terms is found to be void or unenforceable
by a Court of competent jurisdiction, that part shall be severed
and the rest of the Terms shall remain in force.