All terms in BOLD are defined in the "Definitions" section at the end of this document. This TERMS OF USE delineates the conditions under which you consent to access and utilize our WEBSITE and/or ONLINE SERVICES (collectively referred to as "SERVICES").
Please review this TERMS OF USE thoroughly.
Your access to and usage of our Website and/or Online Services (Services) are subject to the following:
• These terms;
• Our Privacy Policy;
• Any additional terms, conditions, notices, or disclaimers displayed on our Website; (collectively, Terms of Use).
We make the Services accessible to you on these Terms of Use. Please ensure that your access to and usage of the Services are in accordance with these Terms of Use.
By accessing and using the Services, it will be understood that you accept these Terms of Use and are bound by them.
Certain legislation, including the Competition and Consumer Act 2010 (Cth) may impose warranties, conditions, or guarantees or demand obligations or remedies which cannot be negated or altered. If such legislation is applicable, this
Terms of Use must be interpreted with due regard to those statutory provisions and nothing in this Terms of Use is intended to modify or limit the application of those provisions.
We may occasionally revise the Terms of Use by posting an updated version on our Website.
Continued use of the Services implies your acceptance of the updated Terms of Use and your agreement to adhere to them.
To access certain sections of the Services, we may necessitate your registration with us.
You are solely responsible for your user account, including keeping all passwords confidential. You will be held responsible for any access to the Services using your registration details, even if that access is by another individual.
We reserve the right to adjust, discontinue, or disable all or parts of the Services, either permanently or temporarily, at any time. While we aim to provide you with prior notification of any changes by posting on our Website, you understand that this may not always be feasible.
If you violate the Terms of Use, we may suspend, terminate, or limit your access to all or parts of the Services at any time.
No Unlawful, Infringing or Offensive Activity You must refrain from posting, transmitting to, or via our Website and/or Online Services any information or content that breaches any laws or regulations, infringes upon a third party’s rights or privacy, or is offensive or contradictory to any relevant standards or codes, including generally accepted community standards. You must also prevent or dissuade another person from committing any of these acts.
You may not disseminate any advertising, promotional materials, or similar materials without our express written consent.
We retain the right to withdraw or modify any content or material you provide us for display on our Website at our discretion, particularly if we find it inappropriate, offensive, misleading, deceptive, defamatory, incorrect, or in any other way a breach of these Terms of Use or any law or third party rights.
No Viruses or Other Interference You must refrain from transmitting any viruses or any other information or material to or via the Services, or otherwise use the Services in a way that hinders their operation, or gains unauthorized access to the Services.
To access and use the Sharing Service, you must comply with the following requirements.
Additional terms and conditions apply in relation to rating and reviewing a business listed on our Website.
No Warranties or Representations To the maximum extent permitted by law, we do not assure or warrant that the Services and/or Content on the Services are accurate, reliable, suitable, or complete. In particular, although we use reasonable care and skill in operating the Services, we cannot guarantee that the Services will be continuously available, uninterrupted, timely, secure, or free of viruses or errors.
The Services may contain links to third party websites. The links are provided for your convenience only, and do not imply any endorsement by us of the sites or the information, products, or services provided at those sites. You access those sites and use the information made available at those sites, solely at your own risk.
We will endeavour to take all reasonable steps to keep secure any information which we hold about you. Your information is stored on secure servers that are protected in controlled facilities, in accordance with our Privacy Policy.
You must not do anything which infringes upon or interferes with our intellectual property rights.
All copyright and other intellectual property rights associated with the Services and the Content and material on our Websites (including, without limitation, the software, design, text and graphics, and the selection and layout of our Websites) are owned by or licensed to us and protected by copyright under the laws of Australia and other countries.
Inconsistent Terms
To the extent that any terms of this Terms of Use are inconsistent with any other terms displayed on individual pages of our Website (other terms), the other terms will govern to the extent of the inconsistency only.
Privacy and Personal Information
Any personal information collected by us through the Services will be handled in accordance with our Privacy Policy.
Unenforceable Provisions
If any provision of the Terms of Use is invalid or unenforceable in a jurisdiction, the provision should be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability. It will not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions
Certain laws, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions, or impose obligations or remedies which cannot be excluded or modified. If such laws apply, these Terms of Use must be read subject to those statutory provisions, and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions.
Changes to the Terms of Use
We may update these Terms of Use from time to time and publish the updated version on our website.
By continuing to use the Services, you accept these updates and agree to be bound by them.
We may require you to register with us to access certain parts of our Services.
You are solely responsible for your user account and must ensure all passwords are secure. You will be responsible for any access to the Services using your registration details, even if this access is by another person.
We reserve the right to modify, discontinue, or disable all or part of our Services, permanently or temporarily, at any time. While we strive to provide prior notice of such modifications by posting on our website, we acknowledge that it may not always be possible to provide such notice.
We may suspend, terminate, or limit your access to all or part of the Services at any time if you breach the Terms of Use.
Unlawful, Infringing, or Offensive Activity
You must not post or transmit to our website or Online Services any information or content that violates any laws or regulations, infringes upon a third party’s rights or privacy, or is offensive or contrary to any relevant standards or codes, including generally accepted community standards. You must not permit or enable another person to do any of those things.
You must not transmit any advertising, promotional materials, or similar materials without our express written permission.
Your activity is considered unlawful, infringing or offensive if it includes, but is not limited to, content or material that:
Is false or misleading, abusive, harassing, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory, or invasive of another’s privacy;
We reserve the right to remove or alter any content or material you provide us for display on our website at our discretion, including, but not limited to, if we:
You must not transmit to or via the Services any virus or any other information or material or otherwise use the Services in a way which:
To access and use the Share Service, you must:
We provide the Share Service free of charge but your standard network charges will apply when accessing Australia Online Advertising.
We reserve the right to modify, add or remove any information provided via the Share Service at any time.
You must not use or attempt to use the Share Service to data mine or conduct automated searches of the Australia Online Advertising Mobile site and any data contained in it.
Ratings and Reviews
Additional terms and conditions apply when you rate and review a business listed on our website.
No Warranties or Representations
To the maximum extent permitted by law, we do not represent or warrant that the Services and/or content on the Services are accurate, reliable, suitable, or complete. Despite our efforts, we cannot guarantee that the Services and/or your access to the Services will be continuously available, uninterrupted, timely, secure, or virus or error-free.
We exclude all:
(a) Warranties, whether express, implied, statutory or otherwise, relating to the Services or your use of it; and
(b) Liability (including for negligence) to you or anyone else in respect of any loss or damage (including Terms of Use)
The use and access of our Website and/or Online Services (collectively referred to as "Services") are subject to:
These terms;
These are collectively referred to as "Terms of Use". We provide the Services to you based on these Terms of Use. You must access and use the Services in compliance with these terms.
By accessing and using the Services, you are deemed to accept these Terms of Use and agree to be bound by them.
Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions, or guarantees, or impose obligations or remedies which cannot be excluded or modified. If such legislation applies, these Terms of Use must be read in conjunction with those statutory provisions. Nothing in these Terms of Use is intended to alter or restrict the operation of those provisions.
To the maximum extent permitted by law, we do not represent or warrant that the Services and/or Content on the Services are accurate, reliable, suitable, or complete. In particular, although we use reasonable care and skill in operating the Services, we cannot guarantee that the Services and/or your access to the Services will be continuously available, uninterrupted, timely, secure, or virus or error-free.
Except as set out below, we exclude all:
(a) Warranties, whether express, implied, statutory, or otherwise, relating in any way to the Services or your use of it; and
(b) Liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirector consequential loss or damage), costs or expenses suffered, incurred or arising out of or in connection with the Services:
Limitation of Liability
Our total aggregate liability to you in connection with these Terms of Use and the Services, whether arising under contract, tort (including negligence), statute or otherwise, will not exceed the total amount paid by you to us for access to the Services in the 12 months immediately preceding the date on which the claim arose.
Indemnity
You agree to indemnify us and our officers, employees, and agents against all claims, demands, damages, costs, penalties, suits, and liabilities of any kind (including legal fees) resulting from your or a third party's use of our Services, your breach of these Terms of Use or the rights of any third party.
DEFINITIONS
“Services” refers to our Website and Online Services.
“Website” refers to the website where these Terms of Use are found.
"Online Services" includes any online platform, tool, application, or other service we provide.
“Share Service” refers to the functionality that enables users to share content from our Services via third party services.
“Content” refers to any content, including text, data, information, images, graphics, videos, and other materials, on or provided through our Services.
Severability
If any part of these Terms of Use is found to be invalid or unenforceable, it will be removed from the Terms of Use and the remaining terms will remain in full force and effect.
Waiver
No failure or delay by us in exercising any right, power, or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy.
Governing Law
These Terms of Use are governed by and construed in accordance with the laws of Australia and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in Australia.
If you have any questions or concerns about these Terms of Use, please contact us.