Guide to Ballarat Terms and Conditions
DisclaimerThis website is intended as an information directory. The listings and information contained in the website are intended for general use. The Guide to Ballarat Directory assumes no responsibility, whether implied by law or otherwise, for the information provided and disclaims all liability with respect to such information. The existence of listings, reviews and any advertising on this website does not constitute a guarantee or endorsement of the quality, value or suitability of the products or services so listed or advertised.
1. Acceptance of Terms and Conditions
These terms and conditions govern your use of www.guidetoballarat.com.au, as provided by Grant Broadcasters PTY LTD, including use of message boards and notice boards. We may amend or add to these terms and conditions without notice to you, so please check them periodically.
When you register with us you are stating that you are over 18 years of age or are a minor, aged over 13, with parental consent to use the service you are registering for. You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete.
You must keep the password that you use to access www.guidetoballarat.com.au confidential and must not disclose it to or share it with anyone. You will be responsible for all activities that occur under your password.
We ask for your email address when you register and you will get an email from Guide to Ballarat Directory to confirm your registration. After that, we may from time to time send one-off offers, promotions and newsletters that we feel you may be interested in. We will not pass on your personal information to third parties. We recognise the requirement to keep that personal information confidential. Should you ever wish to be removed from our database, simply contact us and we will be happy to fulfill your request.
4. Guide to Ballarat Newsletters
By registering you will agree to receive a Guide to Ballarat newsletter by email once a month. If you do not wish to receive these newsletters you may unsubscribe from the mailing list when you receive the first email.
5. Use of Forum / Message board
If you use a message board or noticeboard, you alone are responsible for the content of your messages, and any consequences arising. By using www.guidetoballarat.com.au you agree to comply with the following:
(a) Guide to Ballarat is to be used by you for your personal use only and may not be used for commercial purposes (to promote a company, product or service or to recruit staff) without prior written permission.
(b) Guide to Ballarat may not be used to send chain letters, junk mail, ‘spam’, solicitations (commercial or non-commercial) or bulk communications of any kind. If a member puts an email address or web address into a message, you may not use it for any purpose other than that which the Member intended.
(e) You may not post to Guide to Ballarat or use Guide to Ballarat to publish, send or distribute any message or material (in any media or form) that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory, offensive, inaccurate, is in breach of confidence or a third party’s intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on Guide to Ballarat.
(f) You (whether acting in your capacity as a journalist in any media or otherwise) must not post appeals for case histories on Guide to Ballarat. All media requests should be sent to [email protected] Unauthorised appeals for information will be removed.
(g) You must not impersonate any other person or entity, whether actual or fictitious.
(h) You must not use Guide to Ballarat in a way that might reasonably be expected to cause the website to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another’s computer.
Guide to Ballarat reserves the right in its absolute discretion at any time to edit, alter, delete or move any material posted to, appearing on or distributed by Guide to Ballarat and you. Guide to Ballarat will not enter into any discussions about its decision to edit, alter, delete or move such material.
(a) Guide to Ballarat may at any time, and without prior or post warning, close discussions within comments or message boards as it feels appropriate. No discussion will be entered into.
b) Guide to Ballarat may with draw membership of www.guidetoballarat.com.au from any member at any time. Attempts to rejoin, may result in legal action. Guide to Ballarat’s decision is final and no discussion will be entered into.
Profanity or advertising in any shape or form is not allowed on the forum or in comment/reviews. Please check the advertising page for promotional opportunities. Any unauthorised posts which advertise or promote anything including personal or commercial websites, products or services will be deleted.
This is a public forum and any information you post can be accessed by anyone from the general public or by internet search engines. This includes any personal details, including your date of birth, name and hometown. Likewise if you add pictures, this is all information which will show up when our website is searched so be careful when mentioning details which, when linked together could lead to people identifying you.
6. Submission of Listings, Reviews & Comments
Guide to Ballarat are understandably concerned about the reputational consequences of negative reviews which may be received on our platform.
As consumers reading online reviews can be presumed to understand that opinions will vary about the same or similar experiences; Guide to Ballarat agrees to forward all reviews made on this website to the reviewed business so that they may be provided with an opportunity to respond directly to the reviewer in an effort to seek a resolution.
The reviewed business understands that it is clearly inappropriate to not respond to negative reviews, and by signing up with Guide to Ballarat, agree’s to be responsive to business concerns and react swiftly by contacting the reviewer to address the concerns communicated.
By adding a listing or comment to the site, you agree to comply with the following terms:
(a) Guide to Ballarat reserves the right in its absolute discretion at any time to to remove comments that are sexist, racist, defamatory to individuals, slanderous or present unsubstantiated libel against individuals or organisations, homophobic or that can be construed as a personal attack on any person or entity.
(b) Guide to Ballarat reserves the right to share material, such as the content of reviews and comments with other organisations who may also publish the material.
(c) Guide to Ballarat reserves the right to email you from time to time if you have indicated that you are the owner of the business, group or event.
You may use Guide to Ballarat to add, amend and/or update a Business Listing (User content), solely on the terms and conditions of this Agreement.
1.1 All User Content must:
(a) be complete, factual and accurate;
(b) be supplied in the manner and format specified;
(c) not be of a nature likely to bring Guide to Ballarat into disrepute; and
(d) comply with all laws, regulations, standards and relevant industry codes.
We assume no responsibility for the accuracy of information provided on The Guide to Ballarat Directory.
1.2 You must not:
(a) use Guide to Ballarat to add or amend a Business Listing where You do not have the express authorisation of that business to do so;
(b) upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;
(c) upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, libelous, profane, defamatory, abusive, threatening, obscene, pornographic, indecent or unlawful Accessible Content;
(d) infringe the intellectual property rights of others; or
(e) breach a law including, without limitation, any law that restricts advertising of a profession;
(f) submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other right owned by a third party without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
1.3 If any of the information in the Business Listing for Your business changes, becomes out of date, or no longer complies with this Agreement, You must:
(a) immediately contact your sales representative and request to amend Your Business Listing so that it complies with this Agreement; and/or
(b) immediately notify Guide to Ballarat.
1.4 The Guide to Ballarat Directory has the right to edit, alter, delete, move or share any material, such as listings or comments (User Content). By submitting User Content to us, you automatically grant to us:
(a) a worldwide, fully-paid, royalty-free, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce and distribute the User Content (in whole or in part) as Guide to Ballarat, in its sole discretion, deems appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
1.5 You acknowledge and agree that by posting User Content onto Guide to Ballarat, if you have indicated that you are the owner of the business, group or event, You consent to being contacted (on an ongoing basis) via any of the contact details contained in that User Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from Guide to Ballarat or any authorised third party.
1.6 We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.
7. Advert booking conditions
Although Guide to Ballarat offers basic listings as a free service, our advertising slots incur a charge. Prices and terms of paid advertising are clearly disclosed prior to booking your advert. Please take care when booking your adverts as they are non refundable.
All adverts are paid for at time of booking. Prices may change from time to time and we may not give notice.
Guide to Ballarat reserves the right to cancel any ad bookings that it feels are not appropriate for the site or are in conflict with any services the site offers. No refund will be given for adverts that contravene our terms and conditions.
8. Intellectual Property
All copyright, trade marks (registered or unregistered) and other intellectual property rights of whatsoever nature arising from all materials, content and information on this site, including the site’s design, layout and organisation, are owned or licensed by Guide to Ballarat.
Except where stated, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Guide to Ballarat.
Permission is granted to access, download, or print such material for your personal, non-commercial use only and is subject to these terms and conditions.
By submitting content to Guide to Ballarat, including your first name, you grant Guide to Ballarat right to use, reproduce, modify, and publish it in other works. You also permit any member to access, display, view, store and reproduce such content for personal use.
9. Third Party Web Sites, Goods and Services
www.guidetocballarat.com.au provides links to third party web sites. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, or any goods or services available from such sites.
All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms are solely between you and the owner of that site and Guide to Ballarat will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against Guide to Ballarat with respect to any such sites.
10. Disclaimer of Warranties
Guide to Ballarat is providing this site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties.
The content on the site and forum has been included in good faith. The Content may contain inaccuracies or typographical errors. Whilst Guide to Ballarat endeavors to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and Guide to Ballarat does not accept any liability for error or omission.
In particular, the support and information in the forum and site does not constitute any form of advice, recommendation or arrangement by Guide to Ballarat and is not intended to be relied upon by users in making (or refraining from making) any specific decisions or to be a substitute for obtaining professional advice. You should consult a doctor, health or appropriate professional if you require specific advice.
You are responsible for checking the accuracy of relevant facts and opinions given on the site before entering into any commitment or taking any other form of action or inaction based upon them.
Guide to Ballarat does not represent or guarantee the truthfulness, accuracy or reliability of postings submitted by users, moderators and users on the website, or endorse any opinions expressed by users, moderators or users.
All conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the provision of the Content and the Site are excluded to the fullest extent permitted by law.
11. Limitation of Liability
Neither Guide to Ballarat nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with your use of this site or any information contained in it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
You agree to indemnify and hold Guide to Ballarat and its directors, employees and agents harmless from any claim or demand made by any third party due to or arising from your use of the Site.
12. Breach of these Terms
Guide to Ballarat will be entitled to restrict, suspend or terminate your membership or deny you access to Guide to Ballarat or take such other action as Guide to Ballarat deems appropriate if Guide to Ballarat determines, in its sole discretion, that you are in breach any of the Terms and Conditions or that your use of Guide to Ballarat is inappropriate or otherwise unacceptable.
The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which Guide to Ballarat may have against you in respect of your breach of these Terms and Conditions.
Guide to Ballarat shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as Guide to Ballarat in its sole discretion considers reasonably necessary or appropriate.
You agree to indemnify and hold each of Guide to Ballarat, its directors, sponsors, representatives, employees and contractors, harmless from any claim or demand, including reasonable solicitors fees, made by any third party due to or arising out of your use of Guide to Ballarat, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, or of any intellectual property or other right of any other person or entity.
14. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of VIC, Australia and shall be subject to the non-exclusive jurisdiction of the courts of VIC, Australia.
Any failure or delay by us to enforce strict performance by you of any of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver to any extent of our rights.