1. Customer agrees to be bound
BDBT Pty Ltd ACN 564 499 887 (the “Supplier”) carries on business under the registered name of mobiledirectory.com.au. The Supplier is responsible for providing the Services to the Customer as advertised and provided for by www.mobiledirectory.com.au and agreed between the Customer and the Supplier (the “Services”).
These standard terms and conditions are to be read in conjunction with any other agreements entered into between the Customer, named in the agreement, and the Supplier. The Supplier’s Privacy Policy forms part of these standard terms and conditions. These standard terms and conditions apply to all agreements entered into by the Supplier in respect of the Services.
The Customer agrees to be bound by these terms and conditions and the Customer confirms that he/she has read and understood the terms and conditions fully and is duly authorised to enter into an agreement with the Supplier.
2. Variation and Location of Terms and Conditions
The Supplier reserves the right to vary these terms and conditions at any time and without notice. The current terms and conditions and Privacy Policy are located on our website www.mobiledirectory.com.au.
The Supplier will notify the Customer of any variation to these standard terms and conditions that it believes may materially affect the Customer’s agreement with www.mobiledirectory.com.au at the Customer's address as nominated in the 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
The Customer warrants ownership of and/or authority to supply all text, trademarks, artworks and other material or information given to the Supplier. The Customer warrants that all such information or material supplied to www.mobiledirectory.com.au is accurate and such supply does not breach any right or interest of a third party (including but not limited to intellectual property rights).
4. Licence
The Customer grants the Supplier a licence to copy, display and modify the Customer’s information and material for the purposes of providing the Services to the Customer.
5. No Intellectual Property
No intellectual property rights are created by the Customer’s use of the Services provided by the Supplier, use of the www.mobiledirectory.com.au website (“Site”) or use of any other websites displaying the Services and/or products or displaying links to the Site.
6. Terms of payment
The Customer must make all payments in respect of the Services to the Supplier in advance and in accordance with the agreement entered into between the parties.
If the Customer cancels the agreement the Supplier reserves the right to retain any money paid in advance, whether cancelling through any electronics means or process as permitted by the terms and conditions of the agreement.
7. Customer’s material to comply with Editorial Policy
Customers agree to comply with the Supplier’s Editorial Policy at clause 23 of these standard terms and conditions and the Supplier may remove, revise or refuse to publish any material supplied by a Customer.
8. Guarantee
The Supplier does not guarantee the success or use by a third party of any of the Services provided.
9. Username
The Supplier reserves the right to cancel any username where sums due to the Supplier remain unpaid for a period of 30 days whether before or after expiry or cancellation of the agreement and that username becomes available for another Customer to use 30 days from the expiry date of the agreement. On the Customer accepting the terms and conditions the username shall be reserved for a period of 30 days to allow adequate time for the processing of the new agreement after which time if the agreement is not satisfactorily completed, the username is then released.
10 Confidentiality of account details
All account information provided by the Customer to the Supplier will be kept confidential. The Supplier will use reasonable endeavours to ensure that information provided to the Supplier by the Customer is kept secure unless otherwise authorised by the Customer or necessary for the proper provision of the Services or required to be disclosed by law. The Supplier will use reasonable endeavours to ensure that employees or agents who have access to information about the Customer do not make unauthorised use, modification, reproduction or disclosure of that information.
11. Copyright and Important Terms and Conditions
11.1 This clause 11.1 and the following subclauses apply to all agreements that provide Customer access to the Site.
(a) The Customer agrees to be bound by the following terms and acknowledges that the Supplier may amend these terms at any time and from time to time as deemed necessary. Amendments will become effective when posted on the Site or on such later date as the Supplier may specify whether or not the Supplier gives the Customer specific notice of any particular change. It is the Customer’s responsibility to regularly review the terms.
11.2 Copyright (Maps and Map Data)
If possible, the Supplier will display on the Site a map showing the location of the Customer’s nominated place of business. The Supplier will make reasonable efforts to ensure the map is accurate. However, the Supplier is unable to guarantee the accuracy of the map.
12 Disclaimers
(a) There may be technical inaccuracies, errors, programming bugs or computer viruses in the Site where the Customer’s information is displayed, or its content. The Supplier and its respective contractors, employees or agents, make no representations or guarantees with respect to:
(i) the accuracy, completeness, currency or suitability of the information, links or other resources provided on the Site
(ii) the general public’s access to the Site being uninterrupted or error-free
(iii) the Site or the server/s which store and transmit data to the user are free of viruses or any other harmful computer errors or components.
(b) The Supplier 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, the Supplier and its contractors, employees, agents or authorised representatives exclude liability (including negligence):
(i) for 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 Site or any partner website; and
(ii) 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 the Customer’s information 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, the Supplier and their 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 Customer and a range of other sources, the Supplier 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 accurate. Please refer any inaccuracies to the attention of support@mobiledirectory.com.au.
13 Links to Third Party Information and Sites
(a) The Site 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. The Supplier and its contractors, employees or agents take no responsibility for the content of Third Party Resources or websites that link from, or to, the Site or Directory and any other website displaying all or part of the Directory and associated products and services.
(c) The Supplier does not monitor or make inquiries about the content of Third Party Resources and is not responsible for, nor endorse and makes no representations either expressly or impliedly concerning Third Party Resources, their content or any products or services which they offer.
14 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, the Supplier does not guarantee that the information will be complete or accurate, or that the links associated with any websites will be active at the particular time of any search.
(b) The Supplier does not screen all listings included in the Directory. For these reasons, the Suppliers assumes no 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.
(c) The Supplier reserves the right to address such requests to remove listings from the Directory on a case-by-case basis. Such requests should be addressed to our website at customerservice@mobiledirectory.com.au
15 What the Customer is not permitted to do
The Customer will not:
(a) submit to the Supplier 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 Supplier 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 to the Supplier 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 the Supplier 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 in any way part or all of the Site or any other website linked to the Site or use of, or access to, the Directory as displayed on the Site or any other website;
(h) without the express written permission of the Supplier, take the results from the Directory or any other information displayed in the Directory and reformat and display them;
(i) mirror the Directory’s home page or results pages on any other website; or
(j) do anything to permit other parties to send automated queries of any kind to the Site or the Directory without express written permission of the Supplier.
(k) do anything to bring the Site or the Supplier into disrepute.
16. Customer indemnifies Supplier
(a) In addition to and subject to any specific indemnity in an agreement between the Customer and Supplier , the Customer acknowledges that the Supplier will not be liable for any direct or indirect or consequential loss or damage (including legal fees and other costs incurred) arising out of or in any way connected with the Service or this agreement, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a listing in the Directory, on the Site or any of its printed material.
(b) If a Customer signs a credit card debit authority in any agreement the Customer further indemnifies the Supplier and acknowledges that the Supplier 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:
(i) 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;
(ii) any claim by any third party against the Supplier in respect of any matter arising from the operation, use, transfer of data or money to and from the Site by the Customer; or
(iii) the Customer’s general conduct.
(c) The Customer indemnifies the Supplier for direct or indirect or consequential loss or damage (including legal fees and other costs incurred) arising out of or in any way connected with the content of the Customer’s listing included in the Directory, regardless of whether such content was screened by the Supplier or not.
17. No Customer assignment or transfer of agreement
(a) The Customer may not assign its rights or obligations under any agreement with the Supplier without first obtaining written consent of the Supplier.
(b) The Supplier may, without requiring the Customer’s consent, assign the benefit of or any of its rights under these terms and conditions and/or the agreement.
18. Dispute
(a) 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.
(b) 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.
(c) 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.
(d) The expert shall not be the same person as the mediator.
This clause shall survive termination of the agreement with the Customer.
19. Privacy
(a) By entering into an agreement with the Supplier, the Customer authorises the Supplier to do certain things without reference to the Customer. It is the Customer’s responsibility to ensure that they are happy with the Supplier’s power to do such things.
(b) For clarity, the Supplier will only disclose information that it holds about the Customer:
(i) to the extent specifically required by law; or
(ii) for the purposes of fulfilling the agreement for Services (including disclosing information in connection with any query or claim).
(c) The Supplier will collect, use and disclose any personal information in accordance with Privacy Policy which is available for viewing on the Site. The Customer acknowledges that he/she has read the Privacy Policy and consents to the collection, use and disclosure of personal information in accordance with the Policy.
(d) The Supplier does not agree to withhold any information about the Customer that is already in the public domain.
20. Severability of some clauses
If any part of these terms and conditions are unenforceable the remainder will not be affected.
21. Termination
(a) Either party may terminate this agreement at any time in accordance with the procedure set out in the agreement for Services.
(b) If either party validly terminates this agreement in accordance with sub-paragraph (a) above, the Customer must immediately pay all fees and charges outstanding and owing under the terms and conditions up to the date the termination takes effect and the Customer acknowledges that the Supplier may take legal action to recover fees and charges not paid in accordance with this clause and the agreement.
(c) The Supplier may terminate this agreement immediately and without prior notice to the Customer if the Customer breaches any of these terms and conditions.
22. GST
(a) “GST” has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted on the Site or by the Supplier 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.
(b) The Customer may request a tax invoice or a receipt from Customerservice@mobiledirectory.com.au .
(c) The Customer acknowledges that prices are subject to change without notice.
23. Editorial Policy
(a) The Supplier reserves the right to include or exclude entry to, or remove a Customer or business from the Directory and to control the content of a Customer or business’ entry in the Directory according to the following guidelines:
(i) the Supplier 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.
(ii) the Supplier reserves the right to include or exclude entry to, or remove all listing and advertising information on the Directory based on the Supplier’s legal and ethical standards. The Supplier 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 other websites, as noted in our terms and conditions.
(iii) the Supplier encourages the Customer to utilise trademarks correctly in accordance with IP Australia guidelines.
(iv) 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 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”.
(v) 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.
(vi) 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.
(vii) 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 the Supplier to be necessary to convey an appropriate advertising message.
(b) The Supplier 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
(i) Be illegal in nature including without limitation information encouraging conduct that would constitute a criminal offence.
(ii) 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.
(iii) Be defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable in any way.
(iv) Be misleading or deceptive or likely to mislead or deceive.
(v) Contain references to unapproved, banned, illicit or otherwise illegal drugs or pharmaceuticals.
(vi) Contain information that features or advertises or otherwise lists off-shore or online casinos or gambling services.
(c) The Supplier reserves the right to control the content of a businesses entry in the Directory according to the following guidelines.
(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 “directory!” is not allowed).
(iii) The Customer's ad or text may not contain any exclamation points.
(iv) The company name will be shown in Proper Case when displayed within the Directory (e.g. “DIRECTORY”).
(v) With the exception of the company name, no excessive capitalisation such as “FREE” or “FOR A LIMITED TIME”.
(vi) No capitalisation of any letter within the Customer's displayed URL is permitted.
(vii) Repetition will be allowed if it is part of a place or registered business name or brand (e.g. “Wagga Wagga”).
(viii) Repetition that is considered by the Supplier as gimmicky will not be allowed.
(ix) Spelling will be Australian Standard English unless as required by the business name or address information.
(x) All content in sentence form must be a logically correct sentence or phrase.
(xi) Sentences must contain grammatically correct spacing.
(xii) Sentences must contain correct grammar.
(xiii) All keyword information must be single or double words separated by a comma or equivalent character.
(xiv) Content must keep within the specified text limits.
(xv) Pithy and concise text provides a great user experience and ultimately contributes to the Customer's success.
(xvi) The Customer's text and keywords must directly relate to the Customer's businesses special and regular services.
(xvii) Text and links should be kept up-to-date and accurate.
(xviii)Keywords must be specific and accurately reflect the Customer's business’s area of specialisation and operation.
(d) The Supplier reserves the right to decide whether, where and how a website or information is listed on the Site or in the Directory. If the Supplier accepts the Customer's listing for inclusion in the Directory, the Supplier reserves the right to list the Customer's website or information in any category or subcategory that the Supplier deems appropriate in its sole discretion. Once the Supplier accepts a website or information for inclusion in the Directory, it reserves the right not to include any specific keywords, comments, or annotations with the listing.
(e) The Supplier also reserves the right, in its sole discretion, to remove the Customer's listing from the Directory or Site, 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.
(f) Any and all press releases and other public announcements related to the Customer's inclusion or possible inclusion in the Site or Directory, including the method and timing of such announcements, must first be approved in writing by the Supplier. The Supplier reserves the right to withhold approval of any public announcement in its sole discretion. No client may use the expression “Mobile Directory” or refer to the Supplier or the Site in any press release or public announcement without the express written permission of the Supplier.
(g) If the Customer's website is a commercial website, the following apply
(i) the official business name must be visible to all visitors to the website.
(ii) The linked website must only be for the business against which it is listed.
(iii) The website must clearly define its purpose, products, and/or services.
(iv) The website must contain substantively unique content, as determined by the Supplier (for example, a business that submits multiple URLs to the same content is not submitting substantively unique content).
(v) If the website is applicable to a specific geographic region, the address must be visible to any visitor to that site.
(vi) The website must not contain any parts under construction.
(vii) All links on the website must work (and must link to relevant content).
(viii) The website must be in the English language (or have an English version available).
(ix) The website must support multiple browsers and capabilities (e.g., no Java-only websites).
(x) The website must be accessible and available to the public 24 hours a day, 7 days a week.
(xi) The website link cannot be used for additional advertising.
(xii) The URL must be a complete address including a domain extension (e.g. “.com.au”).
(h) If any email addresses are displayed on the Directory or the Site:
(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 domain extension (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.
(j) The Supplier is passionate and determined to maintain the user experience on its Site and on other related websites. Consequently, websites that open a pop-up when entering or leaving the linked website’s landing page will not be included.
(j) The Site will not link to any website that is associated with dialers in any way.
(k) The Supplier will not link to any website that is associated with scumware in any way.
(l) In keeping with the Site’s desire to maintain and improve the user experience, the Supplier requires that the back-buttons on all websites linked to a listing remain functional. Websites that disable, directly or indirectly, the function of the back-button on the users browser will not be included.
(m) The Supplier recommends that the Customer use a secure server (i.e. https://) when collecting personal information from users on the Customer's website.
(n) The Editorial Policy contained in this clause 23 may be amended by the Supplier at any time without the need to give the Customer prior notification.
(o) If the Customer breaches any of the terms of the Editorial Policy, or any of the standard terms and conditions the Supplier 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 the Supplier may have in respect of the agreement or these terms and conditions.
24. 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 the Supplier. 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 the Supplier about anything in these terms and conditions the Customer should write to BDBT Pty Ltd at GPO Box 1189 Sydney NSW 2001 or email their changes through the update details area of www.mobiledirectory.com.au.
|