Terms & Condition

Updated: 1 August, 2023

All terms in BOLD are defined at the Definition section located at the end of this document.

THIS TERMS OF USE SETS OUT THE BASIS ON WHICH YOU AGREE TO ACCESS AND USE THE WEBSITE AND/OR ONLINE SERVICES (COLLECTIVELY REFERRED TO AS THE “SERVICES). AS SUCH, PLEASE READ THIS TERMS OF USE CAREFULLY.

TERMS OF USE

Your access to and use of Our Website and/or Online Services (collectively, Services) are subject to:

  • these terms;
  • Our Privacy Policy;
  • Our Review Guidelines; and
  • any other terms, conditions, notices, or disclaimers displayed on Our Website;
    (collectively, Terms of Use).

We make the Services available to You on these Terms of Use. You must only access and use the Services in accordance with these Terms of Use.

By accessing and using the Services You will be deemed to accept these Terms of Use and agree to be bound by it.

Certain legislation, including the Competition and Consumer Act 2010 (Cth) may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded or modified. To the extent that such legislation applies, this Terms of Use must be read subject to those statutory provisions and nothing in this Terms of Use is intended to alter or restrict the operation of those provisions.

Changes to the Terms of Use
We may change the Terms of Use from time to time by publishing an updated version to Our Website.

By continuing to use the Services, You will be deemed to have accepted the updated Terms of Use and agree to be bound by them.

REGISTRATION

We may require You to register with Us in order to access some parts of the Services.

You are solely responsible for the use of Your user account, and must ensure that You keep all passwords secure. You will be responsible for any access to the Services using Your registration details, even if that access is by another person.

ACCESS AND AVAILABILITY

We reserve the right to modify, discontinue, or disable all or part of the Services, on either a permanent or temporary basis, at any time. We will endeavour to provide You with prior notice of any modifications by posting on Our Website, however You accept it may not always be possible to provide prior notice.

We may suspend, terminate or limit Your access to all or part of the Services at any time if You breach the Terms of Use.

USE

No Unlawful, Infringing or Offensive Activity
You must not post, transmit to or via Our Website and/or Online Services any information or content which breaches any laws or regulations, infringes a third party’s rights or privacy or is offensive or contrary to any relevant standards or codes, including generally accepted community standards. You must not permit or enable another person to do any of those things.

You must not transmit any advertising, promotional materials, or similar materials without Our express written permission.

Examples of unlawful, infringing or offensive activity includes, but is not limited to, content or material that:

  • is false or misleading, abusive, harassing, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory, or invasive of another’s privacy;
  • is an infringement of the intellectual property rights of another party;
  • is not owned by You;
  • may encourage criminal activity;
  • contravenes any applicable laws, regulations, codes and standards;
  • disturbs or damages Our Website, Online Services or its Content;
  • damages Us or Our reputation; or
  • otherwise breaches these Terms of Use.

We may withdraw or alter any content or material You provide Us for display on Our Website at our absolute discretion, including, without limitation, if We:

  • reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way a breach of these Terms of Use or any law or third party rights; or
  • are instructed to do so by any third party.

No Viruses or Other Interference
You must not transmit to or via the Services any virus or any other information or material or otherwise use the Services in a way which:

  • tampers with, hinders the operation of, or makes unauthorised modifications to the Services;
  • inhibits any other user from using the Services;
  • violates the security of the Servicesor accesses any other unauthorised areas of the Services.

Share Service
To access and use the Share Service, You must:

  • be the owner of the mobile handset or account from which the Share Service is accessed or have the consent of the owner to access the Share Service from that handset or account; and
  • be the owner of the mobile phone number to which the Share Service is used to send a message or have the consent of the owner to send a message to that number.

The Share Service is provided free however, some charges will apply when accessing our business directory listings.

We may add to, remove or vary any information provided via the Share Service at any time.

You must not and must not attempt to or permit another person to use the Share Service to data mine or conduct automated searches of our website and business directory listings.

Ratings and Reviews

Additional terms and conditions apply in relation to rating and reviewing a business listed on Our Website. Refer to Ratings and reviews and or this guide.

LIABILITY

No Warranties or Representations
To the maximum extent permitted by law, We do not represent or warrant that the Services and/or Content on the Services are accurate, reliable, suitable or complete. In particular, although We use reasonable care and skill in operating the Services, We cannot guarantee that the Services and/or Your access to the Services will be continuously available, uninterrupted, timely, secure or virus or error free.

Except as set out below, We exclude all:

(a) warranties whether express, implied, statutory or otherwise, relating in any way to the Services or Your use of it; and

(b) liability (including for negligence) to You or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with the Services or any use of the information on or use of or access through the Services for any reason whatsoever (including negligence).

Where any statute implies any term into Your use of or any arrangement arising out of the accessing of the Services and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by statute however, Our liability for any breach of such term is limited to the resupply of services.

Our Liability to You
Except as set out under this section, We may be liable to You for breach of contract or negligence under the principles applied by the courts.

We exclude liability for any loss or damage to the extent that it is caused by You.

To the maximum extent permitted by law, We are not liable for damage or loss of any kind arising from or in connection with Your access to, or use of, or inability to use, the Services.

Your Liability to Us
You agree to fully compensate and hold Us harmless for any loss, damage, costs, expenses and penalties arising out of Your material breach of this Terms of Use or any negligence, or any act of fraud by You or on Your behalf.

You are not liable to Us for any loss to the extent that it is caused by Us.

Links to Third Party Sites
The Services may contain links to third party websites. The links are provided for Your convenience only, and do not indicate, expressly or impliedly, any endorsement by Us of the sites or the information, products, or services provided at those sites. You access those sites and use the information made available at those sites, solely at Your own risk.

We and Our contractors make no representation about the accuracy or suitability of the information or links provided on the Services. The information is provided on an ‘as is’ and ‘as available’ basis, without express or implied warranty. You use the information and links at Your own risk. We take no responsibility for the content of Internet sites that link from the Services.

SECURITY

We will endeavour to take all reasonable steps to keep secure any information which We hold about You. Your information is stored on secure servers that are protected in controlled facilities, in accordance with Our Privacy Policy.

INTELLECTUAL PROPERTY NOTICE

You must not do anything which breaches or interferes with Our intellectual property rights.

Copyright
All copyright and other intellectual property rights subsisting in the Services and the Content and material on Our Websites (including, without limitation, the software, design, text and graphics, and the selection and layout of Our Websites) are owned by or licensed to Us and protected by copyright under the laws of Australia and other countries.

You may view the Services and use its Content for personal and non-commercial purposes.

You may not distribute, reproduce, frame, transmit (including broadcast), communicate, adapt, distribute, sell, publish, alter, modify or create derivative works from any part of the Services or the Content on the Services except as permitted by statute or with Our written consent.

Your Content and Your Intellectual Property
This section applies if You submit, post, transmit, or otherwise make any material available via Our Website (Your Content).

Where You do so, You grant to Us a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferrable licence to use, reproduce, modify, adapt, publish or communicate to the public Your Content for the reasonable purposes of Our business, and the right to sublicense those rights to others. You also consent to any act or omission that would otherwise infringe any of Your rights (including Your moral rights) in Your Content.

You warrant that You have the right to grant the above licence, and that Our exercise of the licence rights above will not infringe the intellectual property rights of any third party, and that Your Content is not defamatory and does not breach any law.

We may review Your Content, but are not obliged to do so. We may also alter or remove any of Your Content at any time, including to ensure the functionality of Our Services.

Third Party Copyright – Illegal Downloading or File Sharing
The Copyright Act 1968 (Cth) protects materials such as films, music, books, and computer programs. You break the law if You download, copy, share or distribute this material, unless You are allowed to do so by the Act or You have the copyright owner’s permission.

Please do not use Our Services to do any of these things, because if You do, we may have to cancel Your services and the copyright owner could take legal action against You.

Attribution
You must not obscure, remove, mask or replace any attribution statements or copyright notices or logos which are embedded in any information provided to You.

GENERAL

Inconsistent Terms
To the extent that any terms of this Terms of Use are inconsistent with any other terms displayed on individual pages of Our Website (other terms), the other terms will govern to the extent of the inconsistency only.

No Waiver for Breaches
If We do not act in relation to a breach of the Terms of Use by You, We do not waive any rights to act in relation to that breach or any later breach by You.

If You do not act in relation to a breach of the Terms of Use by Us, You do not waive any rights to act in relation to that breach or any later breach by Us.

Privacy and Personal Information
Any personal information collected by Us through the Services will be handled in accordance with our Privacy Policy.

Unenforceable Provisions
If any provision of the Terms of Use is invalid or unenforceable in a jurisdiction, the provision should be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability. It will not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.

Governing Law
The Terms of Use are governed by the laws in force in New South Wales, Australia.

You and We submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

Definitions
The following terms have the following meanings in this Terms of Use:

(a) Content means content, information or material made available on or via the Services, including but not limited to text, sounds, music, software, photographs, videos, data, graphics, images, logos, button icons, audio clips, messages, links, digital map data, directory listings or any other content made available on the Services.

(b) Online Services means any functions, features, access to and use of the internet, internet information and/or other services, various service and communication channels and facilities through the internet, or communication facilities or services made available by Sensis from time to time subscribed or to be subscribed by You in connection with the Online Services, through the Services, which includes but is not limited to the Share Service, online transactions, messaging services, single sign on, search engines, automated services, e-commerce facilitators, chats, discussion groups and/or emails and any products and/or services offered Best Rated. The list of Online Services may be updated and amended by Best Rated from time to time, in respect of which You shall be bound to this Terms of Use for access to and usage of the new Online Services.

(c) Services includes Our Website and/or Online Services.

(d) Share Service means the “share to mobile” service and its Application version and/or the “share to e-mail service”.

(e) Subsidiary has the meaning given to it under the Corporations Act 2001 (Cth).

(f) Terms of Use refers to these terms and conditions which govern the relationship between You and Sensis for the use of the Services to which You are granted permission to access.

(g) Best Rated refers to Aussie Mascot Pty Ltd (ABN 19 630 919 845) and/or its Subsidiaries, as may be applicable.

(h) Website includes the following websites: the Best Rated websites is https://bestrated.co.nz and/or such other websites operated by Us, which are subject to change from time to time.

(i) We, Our or Us refers to Best Rated.

(j) You and Your refers to the person or entity accessing and using the Services.