Terms of Use

Effective date: [DATE]

Last updated: [DATE]


1. About these Terms


These Terms of Use govern access to and use of askfirebird.com.au and any related AskFirebird services, features and business listings (together, the Service).

In these Terms, “AskFirebird”, “we”, “us” and “our” mean:

[FULL LEGAL ENTITY NAME]

ABN: [ABN]

Address: [BUSINESS OR POSTAL ADDRESS]

By accessing or using the Service, creating an account, submitting or managing a business listing, or purchasing a subscription, you agree to these Terms.

If you use the Service on behalf of a business or other organisation, you confirm that you have authority to accept these Terms on its behalf.

If you do not agree to these Terms, you must not use the Service.

Our Privacy Policy explains how we handle personal information and forms part of these Terms.


2. About AskFirebird


AskFirebird is a multilingual online directory that helps people discover businesses, professionals and service providers in Australia by service, location and language.

The Service may allow:

  • visitors to search for and view business profiles;
  • business owners and authorised representatives to create and manage listings;
  • businesses to describe their services, locations and languages;
  • visitors to access external links or contact options selected by listed businesses; and
  • businesses to purchase subscriptions or additional listing features.

AskFirebird provides directory and discovery services only.

Unless we expressly state otherwise, AskFirebird is not a party to any communication, quotation, booking, purchase, payment, contract or dispute between a visitor and a listed business.


3. Eligibility


You must be at least 18 years old and legally capable of entering into a binding agreement to:

  • create an account;
  • submit or manage a business listing; or
  • purchase a subscription.

A person using AskFirebird only to search or view business listings must use the Service in accordance with these Terms and applicable law.


4. Accounts


When creating an account, you must provide accurate, current and complete information and keep that information updated.

You are responsible for:

  • protecting your login credentials;
  • activity conducted through your account;
  • ensuring that anyone using the account is authorised to do so; and
  • notifying us promptly if you suspect unauthorised access or another security breach.

You must not:

  • create an account using another person’s identity;
  • provide false or misleading account information;
  • access another person’s account without permission; or
  • falsely claim to represent a business.

We may request information reasonably required to confirm your identity or your authority to manage a business listing.


5. Business Listings


AskFirebird does not create business listings using information collected from public registers, business websites, social-media pages or other public sources.

A listing must be submitted voluntarily by:

  • the business owner or operator;
  • an employee authorised to act for the business; or
  • another person who has permission from the business owner.

By submitting or managing a listing, you confirm that:

  • you are authorised to represent the business;
  • all information provided is accurate, current and not misleading;
  • the business genuinely provides the products or services described;
  • you hold any licences, registrations, qualifications and insurance required by law;
  • you have permission to provide and publish information relating to any other person;
  • the listing complies with applicable laws and professional requirements; and
  • the content does not infringe another person’s intellectual-property, privacy or other rights.

You must keep the listing reasonably up to date.

Submitting a listing does not guarantee publication, continued publication or a particular position in search results.


6. Information Displayed in Listings


A business listing may publicly display:

  • the business or trading name;
  • its category and description;
  • its location or service area;
  • languages spoken;
  • opening hours;
  • photographs and logos;
  • website and social-media links; and
  • other information clearly identified as public when submitted.

Telephone numbers and email addresses supplied to AskFirebird are not displayed as openly accessible information or intentionally made available for general search-engine indexing.

They may be made available [TO REGISTERED USERS / AFTER A VISITOR SELECTS A CONTACT OPTION / IN THE FOLLOWING CIRCUMSTANCES: INSERT DETAILS] where the business has chosen to allow this.

Do not submit a residential address, personal contact detail, photograph or other information that you do not want displayed in accordance with the selected listing settings.

Public information may be copied, shared, cached or indexed by third parties. We can update or remove information displayed through AskFirebird, but we cannot guarantee its immediate removal from independent search engines, archives or other third-party services.


7. Listing Review and Removal


We may review, reject, temporarily hide, restrict or remove a listing where we reasonably believe this is necessary to:

  • investigate a complaint;
  • address false, outdated or misleading information;
  • prevent fraud, impersonation or misuse;
  • protect the security or proper operation of the Service;
  • address unlawful or infringing content;
  • comply with a legal requirement; or
  • enforce these Terms.

We may make minor formatting, spelling or technical changes that do not materially alter the meaning of submitted content.

Where reasonably practicable, we will notify the account holder about a material restriction or removal and provide an opportunity to respond. We may take immediate action where reasonably necessary to prevent harm, address fraud or security risks, or comply with law.


8. No Endorsement or Universal Verification


A listing on AskFirebird does not mean that AskFirebird recommends, endorses, certifies or guarantees the listed business.

Unless a listing expressly describes a particular verification process, we do not independently verify every statement made by a business, including its:

  • identity or ownership;
  • licences, registrations or qualifications;
  • insurance;
  • language proficiency;
  • prices or availability;
  • experience;
  • service quality; or
  • suitability for a particular customer.

Any badge or verification statement displayed by AskFirebird applies only to the specific check described and should not be interpreted as a general guarantee of the business.

Visitors should make their own enquiries and decide whether a business is appropriate for their needs. This may include checking licences, qualifications, insurance, pricing and service terms directly with the business.


9. Dealings with Listed Businesses


Communications and transactions following discovery of a business through AskFirebird take place directly between the visitor and the independently operated business.

AskFirebird:

  • does not employ or control listed businesses;
  • does not set their prices or service terms;
  • does not supervise or guarantee their work;
  • does not collect payments for their products or services unless expressly stated; and
  • is not responsible for resolving disputes between businesses and their customers.

Each business is responsible for its own products, services, representations, quotations, contracts, conduct and compliance with applicable law.

Nothing in these Terms limits any rights a customer may have directly against a listed business.

10. Acceptable Use

You must use AskFirebird only for lawful purposes.

You must not:

  • provide false, deceptive or materially misleading information;
  • impersonate another person or business;
  • submit a listing without proper authority;
  • promote unlawful products or services;
  • infringe intellectual-property, privacy or other legal rights;
  • upload defamatory, threatening, discriminatory, obscene or abusive material;
  • introduce viruses, malicious code or other harmful technology;
  • interfere with the security or operation of the Service;
  • attempt to gain unauthorised access to an account, system or data;
  • use the Service to send spam or unsolicited commercial messages;
  • collect personal or contact information without lawful authority;
  • manipulate search results or misrepresent a commercial relationship;
  • scrape, crawl, harvest or systematically extract data without our written permission;
  • use AskFirebird data to build or populate another directory or competing service; or
  • assist another person in doing any of these things.

Reasonable use of individual listings for genuine personal or business enquiries is permitted.

11. Content Submitted to AskFirebird

You retain ownership of business descriptions, photographs, logos and other original content you submit.

By submitting content, you grant AskFirebird a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, display and communicate that content to the extent reasonably necessary to:

  • create and display the relevant listing;
  • operate the Service across different devices;
  • promote the listing and the AskFirebird directory;
  • provide technical support;
  • maintain security and backups; and
  • comply with legal and record-keeping obligations.

This licence continues while the content is displayed and for a reasonable period afterwards where required for backups, legal compliance or dispute resolution.

You confirm that you own the submitted content or have all permissions required to allow AskFirebird to use it in this way.

You may request removal of your listing or personal information in accordance with these Terms and our Privacy Policy.

12. AskFirebird Intellectual Property

AskFirebird owns, or has permission to use, the Service and its original content, including its branding, design, software, graphics, text and database structure.

Using the Service does not transfer ownership of this intellectual property to you.

You must not reproduce, modify, distribute, sell, license or commercially exploit a substantial part of the Service without our written permission.

Business names, logos, images and descriptions appearing in individual listings may belong to the relevant business or another rights holder.

13. Free and Paid Services

AskFirebird may offer free listings, paid subscriptions and optional paid features.

Before a purchase is completed, the applicable subscription or checkout page will identify:

  • the features included;
  • the price and currency;
  • whether GST is included;
  • the billing frequency;
  • whether automatic renewal applies;
  • the initial subscription period, if applicable; and
  • how the subscription can be cancelled.

By purchasing a subscription, you authorise the charges clearly disclosed before purchase.

Payments are processed by [PAYMENT PROVIDER] under that provider’s terms and privacy policy.

Purchasing a subscription or paid feature does not guarantee:

  • a particular search position;
  • a particular number of views or enquiries;
  • new customers;
  • increased revenue; or
  • any other particular business result.

14. Automatic Renewal and Cancellation

Where a subscription is described at checkout as automatically renewing, it will continue for successive billing periods until cancelled.

You may cancel through [ACCOUNT SETTINGS / CANCELLATION METHOD] or by contacting [SUPPORT EMAIL].

Unless otherwise stated before purchase:

  • cancellation prevents future renewals;
  • paid features remain available until the end of the current billing period; and
  • the subscription will not be charged again after cancellation takes effect.

At the end of a paid subscription, the listing may move to the free plan or lose paid features, as explained in the applicable subscription information.

Cancellation of a paid subscription does not automatically delete the account or business listing.

15. Changes to Prices or Paid Features

We may change subscription prices or paid features prospectively.

We will provide affected subscribers with reasonable notice before a material change applies to a future renewal period.

The notice will explain the change, when it takes effect and how to cancel the subscription.

We will not retrospectively increase the price of a billing period that has already been paid.

If a material change substantially reduces prepaid features, we will provide any remedy required by applicable law.

16. Refunds and Australian Consumer Law

Except where required by law or expressly stated in a subscription offer, fees are not refundable merely because a subscriber changes their mind or does not use the Service during a paid billing period.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

Where the Service fails to comply with an applicable consumer guarantee, you may be entitled to cancellation, a refund, the service being supplied again, compensation or another remedy, depending on the circumstances and applicable law.

To request a remedy, contact [SUPPORT EMAIL] and provide the relevant account and payment information.

17. Search Results and Sponsored Listings

Search results may be influenced by factors such as:

  • relevance to the search;
  • location;
  • business category;
  • language;
  • completeness of a listing; and
  • selected paid features.

Paid or sponsored placement will be identified where reasonably necessary to distinguish it from ordinary unpaid results.

Search position may change over time and no position is guaranteed.

18. Third-Party Websites

Listings may contain links to business websites, social-media pages and other services operated by third parties.

We do not control those services and are not responsible for their content, availability, security, privacy practices or terms.

A link does not necessarily mean that AskFirebird endorses or is affiliated with the third party.

Your use of an external website or service is governed by that provider’s own terms and privacy policy.

19. Availability of the Service

We take reasonable steps to keep the Service available and functioning, but continuous or error-free operation cannot be guaranteed.

The Service may be temporarily unavailable because of maintenance, updates, technical problems, security incidents or circumstances outside our reasonable control.

We may introduce, change or discontinue features where reasonably necessary. If a change materially affects a prepaid service, we will provide reasonable notice where practicable and any remedy required by law.

20. Suspension and Termination

You may stop using the Service at any time. You may request closure of an account or removal of a listing by contacting us.

We may restrict or suspend an account or listing while reasonably investigating:

  • a breach of these Terms;
  • false or misleading information;
  • impersonation or lack of authority;
  • unlawful conduct;
  • fraud or security risks;
  • non-payment of applicable fees; or
  • material harm to users, businesses or the Service.

We may terminate an account or remove a listing for a material or repeated breach of these Terms.

Where appropriate, we will provide notice and a reasonable opportunity to address the issue. Immediate action may be taken where reasonably necessary to prevent harm, address a serious security risk or comply with law.

Termination does not affect rights or liabilities that arose before termination.

21. Disclaimers

We take reasonable care in operating AskFirebird. However, business information displayed in the directory is primarily supplied by independent businesses.

To the extent permitted by law, we do not guarantee that:

  • every listing will always be complete, current or free from error;
  • every listed business will be available, suitable or properly qualified;
  • a visitor will receive a response from a listed business;
  • the Service will produce a particular commercial outcome; or
  • third-party websites and services will remain available or secure.

Users should independently confirm important information before relying on it or entering into a transaction.

Nothing in this section limits an obligation that cannot lawfully be excluded.

22. Liability

Nothing in these Terms excludes, restricts or modifies any statutory right, consumer guarantee or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

Subject to those non-excludable rights, AskFirebird is not responsible for loss to the extent it was caused by:

  • the acts or omissions of an independently operated listed business;
  • inaccurate information supplied by a listing owner;
  • reliance on information that the user knew, or reasonably should have known, was inaccurate;
  • unauthorised account use resulting from the account holder’s failure to take reasonable care of login credentials; or
  • a third-party service or event outside our reasonable control.

AskFirebird remains responsible for loss to the extent it is caused by our own breach of these Terms, negligence or other conduct for which liability cannot lawfully be excluded.

23. Responsibility for Submitted Content

If content you submit infringes another person’s intellectual-property or privacy rights, or you submit a listing without authority, you are responsible for reasonably foreseeable loss directly resulting from that conduct.

This responsibility does not apply to the extent that AskFirebird caused or contributed to the loss. It does not require you to compensate us for indirect or unforeseeable loss.

24. Privacy and Communications

We handle personal information in accordance with our Privacy Policy.

By submitting business information, you authorise us to publish information identified as public and handle other information as described in that policy.

Service communications may include account verification, security, billing, subscription and listing-management messages.

Marketing communications will be sent only where we have consent or are otherwise permitted by law. Marketing messages will identify the sender and include a functional method of unsubscribing.

25. Complaints

If you have a complaint concerning AskFirebird, contact us at [SUPPORT EMAIL] and provide:


  1. your name and contact details;
  2. the relevant account or listing;
  3. a description of the issue; and
  4. the outcome you are seeking.

We will consider the complaint in good faith and respond within a reasonable period.

These Terms do not prevent either party from exercising rights available under applicable consumer law or seeking urgent legal relief where appropriate.

26. Changes to These Terms

We may update these Terms to reflect changes to the Service, our business practices or applicable law.

The current version will be published on askfirebird.com.au with its effective date.

Where a change materially affects an existing account or paid subscription, we will provide reasonable advance notice where practicable.

A material change will not apply retrospectively to a completed billing period.

If you do not agree to a material change affecting an ongoing subscription, you may cancel the subscription before the change takes effect.

27. Governing Law

These Terms are governed by the laws of South Australia, Australia.

You and AskFirebird submit to the jurisdiction of the courts of South Australia and courts entitled to hear appeals from them.

Nothing in this section prevents a consumer from exercising a right to bring proceedings in another jurisdiction where that right cannot lawfully be excluded.

28. General Provisions

If any provision of these Terms is invalid or unenforceable, it will be read down to the extent necessary or, if that is not possible, severed without affecting the remaining provisions.

A delay in exercising a right does not waive that right.

You may not transfer your account or rights under these Terms without our written permission.

We may transfer our rights and obligations as part of a genuine sale or restructuring of AskFirebird, provided the transfer does not materially reduce your rights.

These Terms, our Privacy Policy and any subscription terms clearly disclosed before purchase form the agreement between you and AskFirebird concerning the Service.

29. Contact Us

AskFirebird

Legal entity: [FULL LEGAL ENTITY NAME]

ABN: [ABN]

Email: [SUPPORT EMAIL]

Postal address: [POSTAL ADDRESS]

Telephone: [TELEPHONE NUMBER, IF APPLICABLE]