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Terms and Conditions
1. Customer agrees to be bound
These standard terms and conditions are to be read in conjunction with any service agreement the Customer and www.phonebook.com.au a service provided by Ansearch Pty Limited. A division of OPTUM Limited ("phonebook.com.au") may enter into. These standard terms and conditions apply to all phonebook.com.au agreements.
2. phonebook.com.au’s right to change the Terms and Conditions at any time
2.1 phonebook.com.au reserves the right to vary these terms and conditions without notice.
2.2 phonebook.com.au’s current terms and conditions can be found at our website www.phonebook.com.au.
2.3 phonebook.com.au will notify the Customer of changes to these standard terms and conditions that we believe materially affect the Customer’s service agreement with phonebook.com.au at the address nominated in the Customer's service agreement. The Customer will be bound by any varied standard terms and conditions upon deemed receipt of the notice. Any non-material changes will apply upon them being posted on our website.
3. Customer Warranty
Customer warrants ownership of or authority to supply all text, trademarks, artworks and other material given to Phonebook.
4. Licence
Customer grants phonebook.com.au a licence to copy, display and modify the Customer’s material for the purposes of the service only.
5. No Intellectual Property
No intellectual property rights are created by the Customer’s use of phonebook.com.au’s service, the phonebook.com.au site (“Site”) or any partner sites displaying phonebook.com.au services and/or products.
6. Terms of payment
All payments to phonebook.com.au Pty Limited ACN 109 286 351, the representative of phonebook.com.au must be made in advance according to the terms of the Customer service agreement.
7. Customer’s material to comply with Editorial Policy
Customers agree to comply with phonebook.com.au’s Editorial Policy which forms part of these standard terms and conditions. phonebook.com.au may remove, revise or refuse to publish any material supplied by a Customer.
8. Guarantee
Phonebook does not guarantee the success of any phonebook.com.au service.
9. Confidentiality of account details
All account information provided by the Customer to phonebook.com.au will be kept confidential. phonebook.com.au will use reasonable efforts to keep information phonebook.com.au has about the Customer secure and ensure that phonebook.com.au’s employees or agents who have access to information about the Customer do not make unauthorised use, modification, reproduction or disclosure of that information.
10. Copyright and Important Terms and Conditions
10.1 This clause 10.1 and the following subclauses apply to all agreements that provide Customer access to the phonebook.com.au site.
(a) The Customer agrees to be bound by the following terms and phonebook.com.au may amend these terms at any time and from time to time. Amendments will become effective when posted on the phonebook.com.au Site or on such later date as phonebook.com.au may specify whether or not phonebook.com.au gives the Customer specific notice of any particular change. The Customer should regularly review the terms.
10.2 Disclaimers
(a) There may be technical inaccuracies, errors, programming bugs or computer viruses in the Site where the Customer’s business information is displayed, or its content. phonebook.com.au and its respective contractors, employees or agents, make no representations (a) about the accuracy, completeness, currency or suitability of the information, links or other resources provided on the Site (b) that the general public’s access to the Site will be uninterrupted or error-free (c) that the Site or the server/s which store and transmit data to the user is free of viruses or any other harmful components.
(b) phonebook.com.au takes no responsibility for use of listings in its local search directory (“Directory”) by persons engaged in mass email, spamming activities, denial of service attacks or other like activities.
(c) Except as expressly provided in these terms and conditions, phonebook.com.au and their contractors, employees or agents exclude: (a) warranties whether express, implied, statutory or otherwise, relating in any way to the Directory or use of the Directory including information accessed at or via the phonebook.com.au or any partner Site; and (b) liability (including for negligence) to the Customer or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss or corruption of data) arising from, or in connection with, any use of the information on, or accessed through, the Site, or any place where Customer data is displayed, for any reason whatsoever.
(d) Where any statute implies any term into the Customer’s use of, or any arrangement arising out of, the use of the Directory and that statute prohibits exclusion of that term, then that term is included. However, to the extent permitted by the statute, phonebook.com.au and their partners, contractors', employees' or agents ' liability for any breach of such term is limited to the re-supply of the information or links or associated data.
(e) Care has been taken in compiling the Directory. However, as the Directory is compiled using information provided by Customers and a range of other sources, phonebook.com.au does not warrant or represent that the Directory is free from errors or omissions, duplicate data, that the statements made by or attributed to a party are accurate or that the published address of any party is the address at which a telephone call directed to that party is answered.
10.3 Links to 3rd Party Information and Sites
(a) The Directory contains, among other things, information provided by third parties as well as links to third party websites and/or other third party resources ("Third Party Resources").
(b) All information accessed at or via the Directory is provided 'as is' without any express or implied warranty. phonebook.com.au and their contractors, employees or agents take no responsibility for the content, Third Party Resources or Internet sites that link from, or to, the Directory and any partner site displaying all or part of the Directory and associated products and services.
(c) phonebook.com.au does not have a practice of monitoring or making inquiries about the content of Third Party Resources. phonebook.com.au is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Resources, their content or any products or services which they offer. Content contained on Third Party Resources does not represent the views of Phonebook.
10.4 Directory Content
(a) The information contained in the Directory is created through various techniques including automatic techniques, with little or no human intervention. Due to the combination of human and automatic index creation and the ever-changing nature of the web, phonebook.com.au does not and cannot guarantee that the information will be complete or accurate, or that the links associated with any websites will be active at the time of any search.
(b) phonebook.com.au cannot and does not screen all listings included in the Directory. For these reasons, phonebook.com.au does not assume any responsibility for the content of any listing included in the Directory, and will not be responsible for any errors or omissions contained in the Directory, or any unlawful, offensive or otherwise objectionable content contained in the Directory.
10.5 What the Customer is not permitted to do
The Customer will not:
(a) submit to the Directory any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether registered or unregistered) or other rights of any person in any jurisdiction in the world;
(b) submit to the Directory or, if applicable, any website linked to a listing in the Directory, any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
(c) submit or otherwise link to the Directory or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
(d) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to phonebook.com.au or do anything that compromises the security and/or stability of the Site or the Directory;
(e) use the Directory to engage in conduct (including on-line marketing practices) that is misleading or deceptive or likely to mislead or deceive;
(f) use the Directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email;
(g) resell, rent or lease phonebook.com.au’s Directory as displayed on phonebook.com.au’s Site or any partner website or use of, or access to, phonebook.com.au’s Directory as displayed on phonebook.com.au’s Site or any partner website;
(h) without the express written permission of Phonebook, take the results from the Directory and reformat and display them;
(i) mirror the Directory’s home page or results pages on any other website; or
(j) data mine send automated queries of any kind to the Site or the Directory without express written permission of Phonebook.
11. Customer indemnifies Phonebook
11.1 In addition to and subject to any specific indemnity in an phonebook.com.au agreement the Customer acknowledges that phonebook.com.au will not be liable for any indirect or consequential loss or damage (including legal fees and other costs incurred) arising out of or in any way connected with the supply of the service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in an phonebook.com.au Directory, on phonebook.com.au’s website or any of its printed material.
11.2 If a Customer signs a credit card debit authority in any agreement the Customer further indemnifies phonebook.com.au and acknowledges that phonebook.com.au will not be liable for any loss or damage, direct, indirect or consequential (including legal fees and other costs incurred) arising out of or in any way connected to:
(a) a breach by the Customer of the standard terms and conditions including any act, neglect or default by the Customer, its employees, licensees or clients;
(b) any successful claim by any third party against phonebook.com.au in respect of any matter arising from the operation, use, transfer of data or money to and from phonebook.com.au by the Customer; or
(c) the Customer’s general conduct.
12. No Customer assignment or transfer of agreement
12.1 The Customer may not assign its rights or obligations under any agreement with phonebook.com.au without the written consent of Phonebook.
12.2 phonebook.com.au may, without requiring the Customer’s consent, assign the benefit of or any of its rights under these terms and conditions.
13. Dispute
13.1 If a dispute arises out of or relates to these standard terms and conditions, or the breach, termination, validity or subject matter of them, or as to any related claim in restitution or at law, in equity or pursuant to any statute, the parties to the specific agreement and the dispute expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (“ACDC”) and in the event that the mediation is unsuccessful to submit the dispute to expert determination.
(a) The mediation shall be conducted in accordance with the ACDC Guidelines for Commercial Mediation (Guidelines) which are operating at the time the dispute is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are deemed incorporated into this clause.
(b) In the event that the dispute has not settled within twenty-eight (28) days after appointment of the mediator, or such other period as agreed to in writing between the parties, the dispute shall be submitted to expert determination in Sydney, New South Wales administered by ACDC conducted in accordance with the ACDC Rules for Expert Determination (Rules), which are operating at the time the dispute is referred to ACDC. The Rules set out the procedures to be adopted, the process of selection of the expert and the costs involved. The terms of the Rules are deemed incorporated into this clause.
(c) The expert shall not be the same person as the mediator.
13.2 This clause shall survive termination of the specific Customer service agreement.
14. Privacy
14.1 The Customer authorises phonebook.com.au to do certain things without reference to the Customer when the Customer enters into an agreement with Phonebook. For clarity, phonebook.com.au will only disclose information that it holds about the Customer:
(a) to the extent specifically required by law; or
(b) for the purposes of the phonebook.com.au agreement (including disclosing information in connection with any query or claim).
14.2 phonebook.com.au will collect, use and disclose any personal information in accordance with phonebook.com.au’s privacy policy which is available for viewing at www.phonebook.com.au. The Customer acknowledges phonebook.com.au’s privacy policy and consents to the collection, use and disclosure of personal information in accordance with our privacy policy.
14.3 Despite this clause , phonebook.com.au does not agree to withhold any information about the Customer that is already in the public domain.
15. Severability of some clauses
If any part of these terms and conditions are unenforceable the remainder will not be affected.
16. Termination
16.1 Either party may terminate this agreement at any time in accordance with the procedure set out in the Customer service agreement.
16.2 If the Customer validly terminates this agreement, it must immediately pay all fees and charges outstanding and owing up to the date the termination takes effect and the Customer acknowledges that phonebook.com.au may take legal action to recover fees and charges not paid in accordance with this clause and the Customer service agreement.
16.3 phonebook.com.au may terminate this agreement immediately and without prior notice to the Customer if the Customer breaches any of these terms and conditions.
16.4 If phonebook.com.au terminates this agreement accordingly to this clause, then, without affecting any other rights phonebook.com.au may have, the Customer must immediately pay to phonebook.com.au all outstanding fees and charges owing under these terms and conditions and incurred up until the date of termination.
17. GST
17.1 “GST” has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in phonebook.com.au’s agreements are inclusive of GST. Where the prevailing rate of GST changes, the new rate will be applied to the prices and the GST inclusive price for the service will be adjusted to account for the new prevailing rate of GST.
17.2 A representative of phonebook.com.au, will issue a tax invoice to the Customer in accordance with any specific terms and conditions in the Customer service agreement.
17.3 The Customer acknowledges that prices are subject to change without notice.
18. Editorial Policy
18.1 Introduction
Phonebook reserves the right to include or exclude entry to, or remove a business from the Directory and to control the content of a business entry in the Directory according to the following guidelines.
Phonebook has the sole right to control the utilisation of all keywords, category and other material used to describe a business for all purposes relating to the Directory.
18.2 Acceptable Content:
(a) Maintaining and Improving phonebook.com.au Standards
Phonebook reserves the right to include or exclude entry to, or remove all listing and advertising information on the Directory based on phonebook.com.au’s legal and ethical standards. phonebook.com.au may choose to refuse text, ads, or keywords containing or relating to certain products or services and to refuse or modify material intended for listing on the Directory and on any partner sites, as noted in our terms and conditions.
(b) Correct Use of Trademarks
Trademarks are important business assets that can diminish in value if they are not used correctly. phonebook.com.au encourages the Customer to utilise trademarks correctly in accordance with IP Australia guidelines.
(c) Support Competitive Claims and Guarantees
If the Customer's ad or text contains comparative language regarding competitors, support for this claim or a guarantee for this claim must be included within the same portion of text as the statement or guarantee.
Example:
Words like “Best”, “Number 1”, etc and should be followed by a supporting statement or source.
Words like “Cheapest”, “Fastest” etc should be followed by a performance guarantee such as “Lowest Price in town for mobile phones or we’ll refund the difference”.
(d) Support for Special Offers
If the Customer's ad or text includes a price, special discount, or 'free' offer, it must be clearly and accurately displayed on the Customer's website within 1-2 clicks of the Customer's website’s landing page or on the Customer’s Business Information or listing page within the Directory.
(e) Unacceptable Phrases
The Customer's ad and text must not contain universal call-to-action phrases such as “click here”, “link here”, “visit this business”, “this listing is”, or other similar phrases that could apply to any ad, listing or business, regardless of content, the type of business or its location.
(f) Adult Content
The Customer's ad and/or text may only contain adult content if it is appropriate for general publication and viewing and is considered by phonebook.com.au to be necessary to convey an appropriate advertising message.
18.3 Unacceptable Content
Phonebook may refuse to include or may remove any content on the Directory that it deems to be unacceptable including content that is or has the potential to:
(a) Illegal Material
Be illegal in nature including without limitation information encouraging conduct that would constitute a criminal offence.
(b) Intellectual Property Right Violation
Violate any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether registrable, registered or unregistered) or other rights of any person in any jurisdiction in the world.
(c) Offensive Language / Material / Adult Content
Be defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable in any way.
(d) Deceptive or Misleading Material
Be misleading or deceptive or likely to mislead or deceive.
(e) Drugs and Drug References
Contain references to unapproved, banned, illicit or otherwise illegal drugs or pharmaceuticals.
(f) Gambling and Casinos
Contain information that features or advertises or otherwise lists off-shore or online casinos or gambling services.
18.4 Style and Grammar
Phonebook reserves the right to control the content of a businesses entry in the Directory according to the following guidelines.
(a) Punctuation
(i) No repeated and unnecessary punctuation or symbols.
(ii) The Customer's title may not contain an exclamation point unless it is part of the Customer's branding (e.g. “Yahoo!” is ok but “phonebook!” is not allowed).
(iii) The Customer's ad or text may not contain any exclamation points.
(b) Capital Letters
(i) The company name will be shown in Proper Case when displayed within the Directory (e.g. “PHONEBOOK”).
(ii) With the exception of the company name, no excessive capitalisation such as “FREE” or “FOR A LIMITED TIME”.
(iii) No capitalisation of any letter within the Customer's displayed URL is permitted.
(c) Repetition
(i) Repetition will be allowed if it is part of a place or registered business name or brand (e.g. “Wagga Wagga”).
(ii) Repetition that is considered by phonebook.com.au as gimmicky will not be allowed.
(d) Spelling
(i) Spelling will be Australian Standard English unless as required by the business name or address information.
(e) Grammar
(i) All content in sentence form must be a logically correct sentence or phrase.
(ii) Sentences must contain grammatically correct spacing.
(iii) Sentences must contain correct grammar.
(iv) All keyword information must be single or double words separated by a comma or equivalent character.
(f) Keeping it Concise
(i) Content must keep within the specified text limits.
(ii) Pithy and concise text provides a great user experience and ultimately contributes to the Customer's success.
(g) Text Accuracy
(i) The Customer's text and keywords must directly relate to the Customer's businesses special and regular services.
(ii) Text and links should be kept up-to-date and accurate.
18.5 Specific Keywords Reflecting the Customer's Business
Keywords must be specific and accurately reflect the Customer's business’s area of specialisation and operation.
18.6 Category / Heading Allocation
(a) phonebook.com.au reserves the right to decide whether, where and how a site is listed in the Directory. If phonebook.com.au accepts the Customer's listing for inclusion in the Directory, phonebook.com.au will consider the Customer's preferences, but reserves the right to list the Customer's site in any category or subcategory that phonebook.com.au deems appropriate in its sole discretion. Once phonebook.com.au accepts a site for inclusion in the Directory, it reserves the right not to include any specific keywords, comments, or annotations with the listing.
(b) phonebook.com.au also reserves the right, in its sole discretion, to remove the Customer's listing from the Directory, move the listing to a different category or subcategory, and change or remove any keywords, comments, or annotations at any time, for any reason, including but not limited to, a change in the nature, business, goods, or services or content available on the site.
18.7 Press Release Regarding Inclusion
Any and all press releases and other public announcements related to the Customer's inclusion or possible inclusion in the Directory, including the method and timing of such announcements, must first be approved in advance by phonebook.com.au in writing. phonebook.com.au reserves the right to withhold approval of any public announcement in its sole discretion. No client may use the expression “Phonebook” or refer to “Phonebook” without the express written permission of Phonebook.
18.8 Links
(a) Websites
(i) If the Customer's website (site) is a commercial site, the official business name must be visible to all visitors to the site.
(ii) The linked site must only be for the business against which it is listed.
(iii) The site must clearly define its purpose, products, and/or services.
(iv) The site must contain substantively unique content, as determined by phonebook.com.au’s editorial staff (for example, a business that submits multiple URLs to the same content is not submitting substantively unique content).
(v) If the site is applicable to a specific geographic region, the address must be visible to any visitor to that site.
(vi) The site must not contain any parts under construction.
(vii) All links on the site must work (and must link to relevant content).
(viii) The site must be in the English language (or have an English version available).
(ix) The site must support multiple browsers and capabilities (e.g., no Java-only sites).
(x) The site must be up and running 24 hours a day, 7 days a week.
(xi) The site link cannot be used for additional advertising.
(xii) The URL must be a complete address including a domain extension (e.g. “.com.au”).
(b) Email Addresses
(i) The displayed email address must be that of the business against which it is listed.
(ii) The email address or link cannot be used for additional advertising.
(iii) The email address must be complete including an “@” and a domainextension (e.g. “.com.au”)
(iv) The email address must work without exception at the time of inclusion and must be maintained accordingly or removed from the site.
(c) No Pop-Ups
(i) phonebook.com.au is passionate and determined to maintain the user experience on its Directory and on its partner sites. Consequently, websites that open a pop-up when entering or leaving the linked website’s landing page will not be included.
(d) No Dialers
(i) phonebook.com.au will not link to any website that is associated with dialers in any way.
(e) No scumware
(i) phonebook.com.au will not link to any website that is associated with scumware in any way.
(f) Working Back Buttons
(i) In keeping with phonebook.com.au’s desire to maintain and improve the user experience, phonebook.com.au requires that the back-buttons on all sites linked to a listing remain functional. Sites that disable, directly or indirectly, the function of the back-button on the users browser will not be included.
(g) Secure Servers for Collecting User Information
(i) phonebook.com.au recommends that the Customer use a secure server (i.e. https://) when collecting personal information from users on the Customer's site.
(h) These editorial policy guidelines may be amended by phonebook.com.au at any time without the need to give the Customer prior notification.
(i) If the Customer breaches any of these editorial policy terms, or any of these standard terms and conditions phonebook.com.au reserves the right to disable any service the subject of the breach. All payments due under the specific Customer agreement will be due and payable from the date of disabling without set-off or deduction and without prejudice to any rights phonebook.com.au may have in respect of the agreement or these terms and conditions.
19. Service of Notices
Notice under any agreement shall be deemed to be served on a party to the agreement if given by mail, facsimile or email to the latest address for service as notified in writing to Phonebook. If a party’s current address for service changes that party must notify the other party of the change. In the case of service by mail, service shall be deemed to be effected three business days from the date of posting. In the case of facsimile service, service will be deemed to be effected on the date and time as recorded on the facsimile report and the case of email service shall be deemed to be effected on the date and time of transmission of the message by the sender if the message is not rejected. If the Customer wishes to notify phonebook.com.au about anything in these terms and conditions the Customer should write to phonebook.com.au at phonebook@ansearch.com.au.
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