Terms & Conditions
Welcome to Find Yarra Valley (the Platform), owned and operated by Insentiv (ABN 20 054 361 321). These Terms govern the relationship between us and any business, community group, non-profit entity, or authorised representative that creates a listing, claims an existing listing, or purchases advertising space. All users of the Platform are bound by these Terms when accessing or using the site.
By registering an account, claiming a listing, submitting data, or accessing any features, you agree to be bound by these Terms.
1Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria, Australia. By using this Platform, you irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria for the resolution of any disputes.
2Scope of Service, Platform Limits, and Data Ownership
The Platform operates strictly as a presentation and information layer for local businesses and community groups displaying contact details, geographical locations, and where applicable under a paid tier, near-real-time updates to open/closed statuses, operation hours, and daily notices or specials.
- We claim absolutely no ownership rights over your business data, logos, text descriptions, images, or assets.
- We do not sell, stock, or distribute your products or services, and do not act as an agent or broker for your business.
- Visitors may copy, download, or print your public listing details for personal, non-commercial use.
- Systematic reproduction or copying of this directory’s compilation for commercial purposes is strictly prohibited without our prior written consent.
3Intellectual Property and Database Protection
All content, graphics, site design, code, branding, and the specific arrangement, structure, selection, and compilation of directory listings constitute our proprietary database and are protected by Australian and international copyright and database laws. We grant you a limited, non-exclusive, revocable licence to access and use the Platform strictly for personal, non-commercial purposes.
- Use of any automated system — including web scrapers, robots, crawlers, or data-mining tools — to access or aggregate Platform data for commercial purposes constitutes a material breach of these Terms.
- You agree to pay liquidated damages of $10,000 AUD per occurrence, or $1.00 AUD per extracted listing, whichever is greater.
4Commercial vs. Community Group Classification
The Platform hosts both commercial business listings and community-based listings. We reserve the right to determine whether a listing qualifies as commercial or non-commercial.
- Non-commercial community groups may be eligible for altered financial structures, discounted subscription rates, or full fee waivers at our absolute discretion.
- These adjustments are subject to change, review, or revocation at any time.
5Account Registration, User Verification, and Entity Vetting
To register or log in, you may use standard credential verification (email or SMS) or integrated single sign-on (SSO) via Google, WhatsApp, or Meta platforms. We accept no responsibility for the security or availability of these third-party authentication networks.
- We reserve the right to pre-populate and publish listings using information compiled from publicly available records. All such profiles are handled as a free, non-monetised community utility.
- An unclaimed profile remains a zero-cost listing indefinitely until formally claimed. All imports are performed manually — we do not use automated crawlers.
- By registering an account or linking any external social media account, you grant us explicit authority to access your publicly available profile data and to reproduce, format, and display it publicly on your directory listing.
- For listings not using third-party data, we will cross-reference your details against the ABR, ASIC, and relevant non-profit registries.
- 2FA verification is required to permanently or temporarily delete your listing, or to alter Sensitive Entity Data (trading hours, open/closed statuses, daily specials, primary contact emails, payment profiles, or authorised representative details).
- You must maintain the confidentiality of your account login details, social platform permissions, and 2FA methods.
6Geofenced Region, Boundary Changes, and Directory Transfer
To be eligible for an active listing, your physical location or primary service area must fall within our designated geofenced region.
- We will issue at least fourteen (14) days’ notice before any boundary changes.
- If your listing falls outside the primary directory following a boundary change, we reserve the right to move it to our country-wide directory where you retain the same features and obligations.
- A pro-rata refund will be issued if a paid subscription cannot be accommodated in the country-wide directory.
7Authority to Act and Personal Details
By registering, you warrant that you are the authorised representative of the business or community group with the full legal capacity to bind the entity to these Terms.
- You must provide your valid personal contact details, including full name, direct email, and phone number.
8Service Tiers, Fees, and Billing
There is no charge to list basic contact details and physical location on the Platform. A recurring monthly fee unlocks near-real-time data modifications.
- The fee charged for our features is the total comprehensive fee — we absorb all third-party payment gateway fees.
- Monthly fees are billed in advance. If your monthly payment fails, we reserve the right to downgrade your account to a Free Basic Listing until payment is cleared.
- Except where required under the ACL, fees are non-refundable for partial months.
- The Platform utilises a manual “traffic light” status system updated directly by venue operators. These statuses are non-binding visual aids and do not reflect real-time or automated data.
- Venue operators must update their indicators accurately and in good faith. Intentionally maintaining an inaccurate status to artificially drive consumer foot traffic constitutes a material breach of these Terms.
9Website Advertising Spots
Registered listings may purchase dedicated advertising spots on the Platform.
- The price specified is the total transaction fee — we absorb all payment processing costs.
- You must provide all creative assets.
- We reserve the right to reject or pull down any advertisement that is visually disruptive, offensive, misleading, or violates Australian law.
10Content Accuracy and Live Updates
- You are solely responsible for keeping your listed contact details, location, and daily announcements up to date and legally accurate.
- You warrant that your listing, daily specials, announcements, and advertisements do not violate the Australian Consumer Law (ACL) regarding false, misleading, or deceptive representations.
11Limitation of Liability
We are not liable for any loss, damage, or complaints resulting from:
- Incorrect details or inaccurate status updates displayed on your listing.
- Errors arising from third-party data imports or open public records.
- Data scraping or downstream use of your directory information by general users.
- Loss of engagement due to listing transfer following a boundary change (provided 14 days’ notice was given).
- Platform downtime. The Platform is provided on an “as-is” and “as-available” basis.
Nothing in these Terms excludes any guarantee, right, or remedy under the Competition and Consumer Act 2010 (Cth) that cannot be legally excluded.
12Account Dormancy and Inactivity
- Claimed accounts dormant for 90 continuous days will be placed into suspended mode and the public listing may be hidden or marked inactive.
- At 150 days, the account and all associated custom listings will be permanently removed.
- Following permanent removal, data is retained for 60 days (total 210 days from last activity) before permanent erasure.
- This rule applies strictly to registered, claimed accounts and has no bearing on unclaimed publicly sourced profiles.
13Termination and Cancellation
- You have the right to request the immediate removal of your listing from the Platform, subject to 2FA verification.
- We reserve the right to cancel your listing and terminate your account at any time at our sole discretion.
- Following removal, we retain your entity profile information for 60 days before permanent deletion or anonymisation.
- If we cancel a listing due to severe policy breaches or fraud, the public-facing data is removed immediately, but core identifiers (ABN, ACN, or organisation name) are held in a private, encrypted suppression reference file.
- Removal or cancellation does not automatically entitle you to a refund for any pre-paid monthly features, except where required under the ACL or if cancelled by us without cause.
14Complaint Handling and Resolution
- Submit complaints in writing to find@findyarravalley.con.au.
- We will acknowledge and provide an initial response within forty-eight (48) hours, excluding weekends and public holidays in Victoria.
- Both parties agree to act in good faith to resolve grievances through this internal pathway prior to pursuing external legal escalation.