Directory Listing User Agreement Terms & Conditions

By registering to list on the northernbeachesdirectory.com.au website, associated services and functionality (“website”) you agree to be bound by this agreement (“agreement”)

The Northern Beaches Directory is a service provided by the business Adspeak Marketing.  This agreement is formed between you, the business/service promoted on this website (northernbeachesdirectory.com.au, which may also be referred to as ‘NBD’) and
Adspeak Marketing (ABN 95 450 604 602) (“Adspeak Marketing”, “we” and “us”).

Adspeak Marketing reserves the right to amend this agreement at any time.  These modifications become effective once updated on the website.  It is recommended that you keep up to date with the current agreement, especially when making changes and/or purchases.

Participation Guidelines

To participate in the NBD, your business must be operated from within the Townsville Northern Beaches or owned by someone who resides within the Townsville Northern Beaches.  For the purposes of this website, the Townsville Northern Beaches is defined as all areas contained within postcode 4818 and extending north as far as Mutarnee.   No discussion will be entered into regarding the associated boundaries.

Community services, sporting and not-for-profit groups listed must service the Townsville Northern Beaches area.

Those businesses and services found to not meet the location guidelines above will be removed immediately and no refunds will be offered.

To join the Northern Beaches Directory web page and promote your business/service you must register online and pay all applicable fees (free for community groups).

We reserve the right to refuse participation of any businesses/ services/ community group.

Membership Registration And Use

$10 from each Beach Pass (which you receive FREE with your paid membership) will be donated to a local school or community centre.  You have the option to choose which when you register.

You will need to be a registered member of the site to submit directory listing content, make changes and access some features of the website.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

You may not use another member’s account without their permission.

You agree to notify us immediately should you suspect or become aware of any unauthorised use of your account or password.

When registering your business/service you must provide personal information such as your name and contact details. You agree to provide complete, and accurate information and to keep this information current.

Use Of The Website

You agree and acknowledge that

  1. All information you provide submitted to this website is true and correct.
  2. You will make every effort to keep all details on your page as up to date and relevant as possible and will remove any materials that are no longer applicable/ accurate i.e. opening times and services provided.
  3. Any pictures used on your page must be a true representation of your business, your product or service and will not be misleading in any way
  4. You agree and acknowledge that, unless indicated otherwise, Northern Beaches Directory/ Adspeak Marketing are not the supplier of the goods and/or services that you are promoting via the NBD website.
  5. You are the provider of the goods / services for which the discounts and special offers are redeemable. As such, it is your responsibility to provide the services promoted through the NBD.
  6. You are not under any obligation to offer preferential treatment to Northern Beaches Directory members.   However, you agree to offer equal service / products to NBD members accessing the discounts offered via the NBD.
  7. You agree to provide a Beach Pass offer of significant value to NBD members.
  8. The prices of services, delivery and other charges shown are to be in Australian dollars and include 10% GST where applicable unless otherwise stated.
  9. Your Beach Pass offer will be exclusive to Northern Beaches Directory members and will not be available to the general public.
  10. You agree not to honour expired Beach Passes.
  11. Your Beach Pass offer will be a genuine discount off your normal products/services.
  12. You will honour your Beach Pass offer on the day it is displayed online.
  13. Beach Pass sales will commence prior to the end of the financial year.  If a customer produces a legitimate Beach Pass that commences the following financial year, you are obliged to honour it PRIOR to and during that financial year.
  14. If you wish to you may change your Beach Pass Member Offer at the beginning of each month.
  15. You understand if you change your website the changes will not take effect until the following week.
  16. All changes/ material submitted is subject to approval by Adspeak Marketing.
  17. Adspeak Marketing reserves the right to disapprove without explanation the publishing of any materials submitted for inclusion in the NBD website.

You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.

You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with written consent from Adspeak Marketing.

You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.

You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the NBD or features that prevent or restrict use or copying of any content or enforce limitations on the use of the NBD or the content therein.

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

To the extent allowed by law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) including consequential loss relating in any way to the content and/or website including, but not limited to, loss or damage you might suffer as a result of:

  1. errors, mistakes or inaccuracies on the website;
  2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
  3. defamatory, harmful, offensive or unlawful conduct of any user of the website;
  4. personal injury or property damage of any nature resulting from your access to, and use of, the website.
  5. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  6. any interruption or cessation of transmission to or from our website;
  7. any bugs, viruses, Trojan horses or other malevolent code or communications which may be transmitted to or through our website by any third party; and/or
  8. failures in relation to the merchantability or fitness for any purpose of any goods or services offered or provided on any linked sites.
  9. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of goods and /or services.
  10. Except if and to the extent only required by law, we do not warrant to you, endorse, guarantee or assume responsibility for any goods or services advertised, offered by or acquired from a third party through the website or any linked website or featured in any banner or other advertising. Where any law (including the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)) implies a warranty into this agreement which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law. To the extent permissible at law that liability will not exceed the price paid to Adspeak Marketing by you for the product in question.

If you are found to be in breach of any of the terms and conditions of this site your page can be removed without notice. No refunds will be given.

Supply/Termination Of Website Services To You

We will provide the services with due care and skill but do not warrant to you that the website will be provided without fault or disruption.

Adspeak Marketing reserves the right to change the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software that you used prior to the change.

We will not be liable to you for the termination of the NBD membership program/ NBD Beach Pass/ NBD website for any reason whatsoever.

Should you fail to comply with these Terms and Conditions;  provide misleading information or make any misrepresentation to us or to any participant in connection with the NBD;  are abusive or offensive to any of our or our Participants’ staff, we may terminate your account or restrict your access to the website.  If happens you may, to the extent permissible at law, be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

You may cancel this service at any time with 30 days’ notice in writing. Cancellation requests are to be made in writing to admin@northernbeachesdirectory.com.au. No cancellation fees are charged.

Additional Information About This Website

You understand and agree that, barring the extent required by law, we do not accept liability for erroneous or inadequate information supplied to us by you.
You are responsible for the material provided to us for display on the website.  Adspeak Marketing in good faith relies upon the information supplied by you and does not independently check the accuracy of the content submitted.

All content submitted will be reviewed prior to being uploaded to the NBD.  We reserve the right to deny the publishing of content as we see fit.

Orders

Children under the age eighteen (18) years cannot place orders with NBD.  By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Adspeak Marketing suffer any damage or other losses as a result of a transaction entered into by a minor, Adspeak Marketing reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Adspeak Marketing.

Price

The prices of services, delivery and other charges shown are in Australian dollars and include 10% GST where applicable unless otherwise stated.

Prices of goods and services are current at time of display but are subject to change without notice.

Payment

All payments must be received in full prior to a page being published.

Refunds And Problems

NBD promotional packages are to the extent permissible at law, non-refundable and cannot be exchanged or redeemed for cash because you have changed your mind or are unable to use the NBD promotional package.

Liability

Except if and to the extent required by law in respect of Adspeak Marketing’s supply under this agreement, Adspeak Marketing accepts no liability for issue of refunds in relation to the goods or services supplied or to be supplied by the third party provider in accordance with a Beach Pass offer. Where Adspeak Marketing is liable, its liability shall be limited to the provision of the minimum remedies required at law.

Adspeak Marketing accepts no liability (including for loss or damage, whether direct or indirect) for any act, omission or default, whether negligent or otherwise of any provider or third party. Where Adspeak Marketing’s liability cannot be excluded, and to the extent permissible at law, such liability is limited to the value of the NBD promotional package purchased or to such other remedy.

Any tax, liability, or duty incurred by a member arising from a member’s participation in the NBD/ NBD membership is the responsibility of the member.

Users of our products, services and web site are advised to do their own due diligence when it comes to making business decisions and all information, products, and services that have been provided should be independently verified by your own qualified professionals.  Our information, products, and services on this web site should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them.

You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.

Content

You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the website are the sole responsibility of the person from whom such content originated.

You understand that we do not control and are not responsible for content made available through the website unless it originates from us. By using the website you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the website at your own risk and to the extent permissible at law we do not accept liability in this regard.

As a member, you agree that you are responsible for any content submitted, posted or made available through the website via your account.  You may not post (or allow) content to be posted through your account that:

  1. you do not have the right to post;
  2. is defamatory or in contempt of any legal or other proceedings;
  3. is misleading or deceptive;
  4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
  5. denounces religious or political beliefs;
  6. includes religious or political material which is or is likely to be offensive;
  7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
  8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
  9. contains any unsolicited or unauthorised advertising or promotional material;
  10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
  11.  impersonates any person or misrepresents your relationship with any person.

We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the website without giving any reasons.

You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

Links To Third Party Websites

Our website may include links to other websites, content or resources. These links may be operated by third parties and we may have no responsibility or control over them.

Adspeak Marketing/ NBD does not endorse these linked websites, content or resources. You acknowledge that we may not have reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.

Intellectual Property

We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us.  You are not permitted to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features without our prior consent.

Other trademarks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.

We do not claim ownership of content members submit. However, by corresponding with us or contributing content to the website in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the website, then you automatically grant, and you represent and warrant to Adspeak Marketing / NBD that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, perform, display and distribute the content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content.

Transfer And Assignment

Should Adspeak Marketing merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

Privacy And Personal Information

  1. We collect personal information through the member registration process and when you place an order with us.
  2. Online payments are handled by PayPal, a secure external third party service provider. We do not see or store your credit card or banking details. Please check the paypal.com.au website for their privacy and security policies.
  3. Our server may log (and we may have access to) details about any computer used to access the website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
  4. Your personal information will only be used for the purpose for which it was provided.  You agree to us using your email address to send you messages concerning your membership account, any orders you place and (where you have opted in to receive it) information generally about the products sold by us.
  5. Please indicate if you would like to discontinue receiving promotional emails about the NBD.
  6. We do not give information about you to government agencies, organisations or anyone else with the following exceptions:
    1. you have consented;
    2. you would expect us to;
    3. it is required or authorised by law;
    4. it will prevent or lessen a serious and imminent threat to somebody’s life or health; or
    5. the disclosure is reasonably necessary for law enforcement.
  7. You may request we remove your personal information from our database by either emailing us or using the contact form on the website.
  8. You consent to the transfer of personal information in the circumstances set out in “links to third party websites”

Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email to admin@northernbeachesdirectory.com.au

General Provisions

We will not be held liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law.

If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.