Protecting your privacy
Events Australasia Pty Limited (“body art directory”, “we”, “our”, “us”) is committed to providing you with the highest levels of customer service and to protecting your privacy. We are bound by the Privacy Act 1988 (Cth) (“Privacy Act”), which sets out a number of principles concerning the protection of your personal information known as the Australian Privacy Principles.
This privacy statement sets out the type of information we collect, how we use it and who we may share it with. It may be amended from time to time and a current version is available at this weblink
About Body art Directory
Body Art Directory is a wholly owned subsidiary of Events Australasia Pty Ltd (“Events Australasia”), and is responsible for the Body Art Directory. In this statement a reference to “related companies” means Events Australasia and its subsidiary companies.
What personal information do we collect?
The personal information we collect and store may include your name, birth date, current and previous addresses, phone numbers, email addresses, work-related information, occupation, preferences for using our websites, driver’s license details, web log, computer, device and connection information and your Body Art Directory user name and password, and (depending on the service) banking and credit card details. We also hold details of your Body Art Directory services, including their status, as well as certain details about your personal interests.
Sometimes we’ll need you to provide personal information about another person (for example, if you’d like to give someone access to your Body Art Directory services). If that happens, we’ll need you to tell that person you’ve provided their personal information to us, and that we can be contacted for more information.
How do we collect personal information?
We collect personal information in a number of ways, including:
directly from you through our websites, via phone, via application forms or when you download and use digital applications;
from other parties (such as your representatives, credit reporting agencies, social media sites, our related companies, our syndication partners);
from publicly available sources;
from organisations identified under (“When do we disclose your personal information” see below);
from our own records of when you visit us online or where we have an online presence (such as Facebook or Twitter);
when we are required by law; and
when you are online, we collect information regarding the pages within our network that you have visited and what you click on.
This is not an exhaustive list of information we may collect or store as it may depend on the service or product being offered. If you don’t provide us with this information, unfortunately we may not be able to provide you with the service you require.
We usually collect personal information directly from you although sometimes we may use agents or service providers to do this for us. We may also get lists and business information that include personal information from other sources, both from other companies and from other public documents.
How do we use your personal information?
Your personal information may be used to;
verify your identity;
provide, manage and administer your services;
provide our products and services, including directory services and advertising through a number of media;
conduct credit checks and to help prevent fraud;
performing research and analysis aimed at improving our products, services and technologies;
help us deliver better services to you;
help us maintain and develop our business systems and infrastructure; and
promote and market services to you(sometimes even after you leave us) either by ourselves, or our related companies.
If you do not want Body Art Directory to contact you to promote and market our products, services and special offers to you, please email email@example.com. If you’ve subscribed to receive specific emails or SMS/MMS from us, you’ll continue receiving them unless you unsubscribe by following the instructions in these messages to cancel your subscription.
When do we disclose your personal information?
We may disclose your personal information to other organisations, but we’ll only do this in relation to us providing our services to you or as otherwise set out in this policy. We take all reasonable steps to maintain the security of your personal information and to protect it from unauthorised disclosures.
Body Art Directory has processes in place that require organisations to adhere to confidentiality obligations to protect your personal information
These organisations may be based locally or overseas. They may carry out functions for us such as:
billing and debt-recovery functions;
information technology services;
data verification services;
managing your advertising;
marketing, telemarketing and sales services;
market research; and
website usage analysis.
In addition, we may disclose your personal information to:
your authorised representatives or advisers(when requested by you to do so);
credit-reporting and fraud-prevention organisations;
credit providers(for credit related purposes);
our related companies;
our professional advisers;
government, regulatory authorities and other organisations, as required by law;
organisations who manage our business and corporate strategies, including those involved in a transfer/sale of all or part of our assets or business and those involved in managing our corporate risk and funding functions; and
our directories and syndication partners.
When we share your information with a third party, we will require that the third party only use, store and disclose your information in a way that is consistent with this policy.
Disclosure of your personal information outside of Australia
There are some circumstances where your personal information is disclosed outside of Australia including for information management and storage purposes such as cloud computing.The countries were these disclosures occur are primarily Philippines, India, United States of America, Canada and Israel.This list is not exhaustive and may change from time to time depending on who we partner with.We will endeavour to update this list on a periodic basis.
We take active steps to ensure that any overseas located organisation we disclose your personal information to complies with the Australian Privacy Principles or is subjected to laws which are substantially similar to the Australian Privacy Principles.
Your personal information and our related companies
We may share your personal information with our related companies to assist them with their business development and to market their own products and services to you and may continue to do so after you cease acquiring services from us. Our related companies will use and disclose your personal information in accordance with their privacy policies. If you want to know more about our related companies, their areas of business and their commitment to privacy, please contact us as set out below.
About our websites, applications, IP addresses and’cookies’
When you visit our sites our web servers record anonymous information such as the time, date and URL of the request. This information assists us to improve the structure of our websites and monitor their performance. Sometimes we also use third parties to analyse this information.
Sometimes cookies may collect and store personal information about you. We treat this information in the same way as any other personal information you provide. You can adjust your internet browser to disable cookies or to warn you when cookies are being used. However, if you disable cookies, you may not be able to access certain areas or experience the added features offered with the enablement of cookies.
We also collect and manage Internet Protocol (IP) addresses – the unique identifier on your computer or device. It’s used for the purpose of providing internet session management and to detect any misuse or fraudulent activities involving our websites.
Body Art Directory may use third parties to analyse usage statistics. Such analysis is performed using data collected from our websites. The technology is not intended to collect personally identifiable information, however in limited circumstances some personally identifiable information is collected, for example, an email address incorporated into a URL string. Personally identifiable information collected in this way is not used by the third party or Body Art Directory for any purpose.
Digital advertising may be included on our site. To make this advertising more relevant to you, anonymous information about the previous web browsing activity on your computer’s or device’s internet browser on sites within the Body Art Directory network is collected and used to associate your computer or device with one or more pre-defined interest categories.
Additional terms in relation to Body Art Directory applications
In addition to Body Art Directory’s obligations under the Privacy Act, and Body Art Directory’s privacy statement and practices, Body Art Directory develops its applications in accordance with the guidelines set by the relevant device manufacturer, which include guidelines relating to privacy.
Body Art Directory will only collect, use and disclose your personal information provided to us through your download and use of Body Art Directory applications in the ways set out in this privacy statement.
Some Body Art Directory applications may collect information about your location at a given time in order to assist us in providing you with the service offered through that application. You may choose to opt out of having Body Art Directory collect information about your location by turning off the location services feature on your mobile device. However, please note that this may result in Body Art Directory being unable to provide you with the service (or all parts of the service) offered through the application.
Credit reporting policy
In the process of providing credit to you in connection with our products and services, we may collect ‘credit information’ and ‘credit eligibility information’ about you as referred to in the Privacy Act.
Third party sites
You may click-through to third party sites from our sites, in which case we recommend that you refer to the privacy statement of the sites you visit. Body Art Directory’s privacy statement applies to the Body Art Directory websites only and Body Art Directory assumes no responsibility for information and content of third party sites.
How accurate is your information?
We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up to date. However, the accuracy of that information largely depends on the details you give us. Please let us know if there are any errors and keep us up to date with any changes.
Access to your personal information and privacy complaints
We take the protection of our customer’s privacy very seriously. If you have any privacy concerns or believe that your personal information is inaccurate or has been collected, used or disclosed in a manner contrary to privacy law we encourage you to raise any concerns you have with us by emailing firstname.lastname@example.org so that we can take steps to address them.
In most cases we will ask that you put your request in writing to us. We will investigate your complaint and will use reasonable endeavours to respond to you in writing within 30 days of receiving the written complaint. If we fail to respond to your complaint within 30 days of receiving it in writing or if you are dissatisfied with the response that you receive from us, you may have the right, depending on the jurisdiction, to make a complaint to the applicable regulator.
Further information on privacy is available at the website of the Office of the Australian Information Commissioner http://www.oaic.gov.au/.
Terms & Conditions
Standard Business Listings Terms and Conditions
These Terms and Conditions are applicable to all business listings and advertising (paid or free) provided by Events Australasia Pty Ltd and Body art Directory or any associated websites (EA).
EA maintains a comprehensive business listing database of both paid advertisers and free listings and reserves the right to publish, or not publish, such listings to ensure the database is a comprehensive list of Australian businesses and services. To make the database as comprehensive as we can, it is not limited to businesses which have commercial arrangements with EA. Particularly, a free listing for a business does not mean that the listed business has any commercial arrangement with EA.
Advertising Products Terms and Conditions
Acceptance of Terms
1.1. All Advertisers agree to be bound by the Terms & Conditions set out on www.bodyartdirectory.com.au, terms and conditions agreed to over the phone as well as these additional terms and conditions, as applicable.
1.2. The terms that apply to your Contract and Service are set out in:
1.2.a. these terms including any attachments;
1.2.b. the approved and authorised order form or equivalent contract, over the phone with a sales person or otherwise;
1.2.c. where applicable; the commercial credit application;
1.2.e. any advertising rules and/or guidelines which apply to your Service; and
1.2.f. any equivalent approved and authorised document received by EA.
1.3. These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or by Events Australasia Pty Ltd 1.4. EA, in its sole discretion, may vary these terms and conditions at any time without notice.
Term of Advertising Contract
2.1. The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by EA.
2.2. The Contract will continue for the period set out in the order form or equivalent contract.
Changes to the Contract, Product or Terms
3.1. Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by EA without any prior warning or notice.
3.2. The changes will be effective as soon as they have been posted on the Website.
3.3. You should check the terms and conditions from time to time so you are aware of any changes to the site and services.
3.4. Your continued use of Body art directory after any modifications indicates you have accepted the new terms and conditions.
4.1. Advertiser is responsible for uploading and maintaining any and all relevant material (Advertiser Material) for use on the Website, in accordance with any requirements of EA including as to deadlines and delivery formats
4.2. EA takes no responsibility for any of the Advertiser Material.
4.3. EA will determine the utilisation of all keywords, categories and other material used to describe or categorise a business listing for all purposes relating to the Directory.
4.4. EA may remove, revise or refuse to publish any Advertiser Material.
4.5. EA reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to EA;
4.6. Recognition of advertising in other media channels:
4.6.a. EA may present advertisements of businesses that EA advertise in other media channels in a different position and in a different format to that of other advertisements.
4.6.b. This variance in presentation is solely at the discretion of EA and Advertisers may assume no right of entitlement to this based on their other advertising. EA may choose to apply this variance in presentation to some advertisers but not to others and may alter the duration of any such variance in presentation at its discretion.
4.7. The Advertiser acknowledges and agrees that EA may provide the Directory from time to time to other commercial enterprises including for publication on another website. EA does not warrant that the Advertiser’s listing in the Directory will be published or continue to be published on an internet site that is a distribution partner of EA. The Advertiser acknowledges and agrees that:
4.7.a. The failure of an internet site to publish or continue to publish the Advertiser’s listing or Advertiser Material in any form will not affect the parties’ rights and obligations under this Contract;
4.7.b. EA is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and
4.7.c. EA retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser’s listing or Advertiser Material will be distributed by any particular distribution partner for any particular period.
Termination of Contract
5.1. This Contract may be terminated in the following ways:
5.1.a. At any time the Advertiser and EA agree;
5.1.b. By EA without notice if:
5.1.b.i. the Advertiser (being an individual) is declared bankrupt; or
5.1.b.ii. any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for EA to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy.
5.2. EA may without notice terminate this Contract and all its obligations to an Advertiser if the Advertiser fails to comply with any of its obligations to EA including, without limitation, the Advertiser’s obligations to:
5.2.a. make any payment to EA in cleared funds by the due date for payment.: and
5.2.b. if applicable, maintain sufficient funds as required by clause 12.2
From termination EA ceases to have any obligation to supply services to the Advertiser. Clause 6.5 survives termination by EA.
Liability and Indemnity
6.1. The Advertiser indemnifies EA against any successful claim by any third party against EA in respect of any matter arising from the operation, use, transfer of data or money to and from EA by the Advertiser.
6.2. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with EA, the Advertiser indemnifies EA and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and,
Without limiting the generality of the above, Advertisers and or advertising agencies indemnify EA and its directors, employees and agents against any claims arising from:
6.2.a. defamation, libel, slander of title;
6.2.b. infringement of copyright;
6.2.c. infringement of trade marks or names of publication titles;
6.2.d. unfair competition;
6.2.e. breach of trade practices, privacy or fair trading legislation; and
6.2.f. violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.
6.3. Advertiser indemnity: The Advertiser indemnifies EA for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.
6.4. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with EA without the prior written consent of EA.
7.1. All intellectual property in relation to material included on the Website belongs to EA or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
7.2. Apart from fair dealing permitted by the Copyright Act 1968, EA grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
7.3. Maps and map data:
7.3.a. All content and material relating to the maps included on or linked to the Website are the copyright of the mapping provider.
7.3.c. EA provide the Google Maps product on an ’as is’ basis as provided by Google. Google Maps is a product of Google Inc. The user hereby agrees not to make any claims against EA or Google pertaining to the suitability for any given purpose and performance of Google Maps.
9.1. Severability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected.
9.2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in New South Wales. These terms and conditions shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
9.3. Any notice to be served to EA under this Contract must be served personally by post, facsimile or email to EA at:
Attention: Body art directory Customer Service Department
PO BOX 6680
Silverwater NSW 2128
“person” includes a corporation;”month” means calendar month;”Advertiser”
means the business or their authorised representative (including an advertising agency) that has entered into an agreement with EA in relation to the inclusion on the Website of listing or other advertising content, including through the use of this website to upload information into the Directory;
means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be;
has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in Company Contracts are inclusive of GST.
means such of EA products or services purchased by the Advertiser as indicated in the invoice from time to time;
A stand-alone Listing is any listing product that is not bundled with a Top of List, Strip, or Tile advertisement;
means users of the Website including, where appropriate, Advertisers.
means documents or recording including:
- these terms including any attachments;
- the approved and authorised Order Form or equivalent Contract;
- where applicable; the commercial credit application;
- any advertising rules and/or guidelines which apply to your Service;
- any equivalent approved and authorised document Contract received by EA
- the approved and authorised voice recording of order or equivalent contract.
Additional Business Listings Terms and Conditions
The following Additional Terms and Conditions are applicable to all paid business listings or advertising purchased directly from Events Australasia Pty Ltd (EA). Other terms and conditions may apply to business listings or advertising purchased through an agent or partner of EA. Advertisers should carefully review all applicable terms and conditions before purchasing any listing or advertising.
Term of Advertising Contract
11.1.1. The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by EA.
11.1.2. The Contract will continue for the period set out in the order form or equivalent contract, or if no period is specified, will continue automatically for successive follow-on terms unless and until it is terminated in accordance with Clause 6.
Fees and Charges
12.1. Invoicing and payment:
12.1.a. Upon receipt of the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract by EA, the Advertiser will be issued with a tax invoice inclusive of GST. Payment is required as set out in clause 5.1.f
12.1.b. The Advertiser must pay all fees and charges as set out in an approved and authorised order form, as stated over the phone by a sales person or equivalent contract upon receipt of a tax invoice on the payment dates set out in that document.
12.1.c. EA reserves the right to make changes to the prices at any time, on 30 days notice to the Advertiser
12.1.d. The Advertiser acknowledges that the fee and other charges are exclusive of GST. GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by the Advertiser and the Advertiser agrees to pay this increase from the changed date.
12.1.e. The Advertiser is expected to adhere to the payment terms and payment method agreed to on the order form, as agreed to over the phone with a sales person, or equivalent document.
12.1.f. Payment methods and payment terms accepted by EA are as follows: credit card and direct debit are cash on the due date. For contracts of $4,000 plus gst per annum paid by credit card or direct debit EA require a completed credit application; cheque and electronic funds transfer are strictly 30 days from date of tax invoice. Customers paying by cheque and electronic funds transfer are required to fill out a credit application.
12.1.g. Should the Advertiser elect to pay by credit card then EA reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. The Advertiser acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
12.1.h. Should the Advertiser’s account exceed EA’s payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor’s fees and any out of pocket expense will be the liability of the Advertiser.
12.1.i. If the Advertiser at anytime exceeds EA’s payment terms and as a result is passed on for collection and or legal action EA may place a default against the Advertiser with a credit reporting agency.
12.1.j. For those Advertisers applying for a commercial credit account the payment terms will be 30 days from invoice date.
12.1.k. Approval of a commercial credit account is subject to the assessment of the Advertiser’s credit worthiness and ability to meet EA’s terms and conditions.
12.1.l. In consideration of EA having agreed at the directors’ request to supply its services and to give credit to the Advertiser, the directors unconditionally and irrevocably guarantee, jointly and severally, the due and punctual payment to EA on demand of all monies now or in the future payable to EA by the Advertiser.
12.1.m. This guarantee shall be a continuing guarantee and shall not be affected by any payment of monies or settlement of account, EA granting time or any other indulgence to the Advertiser or any other person; any arrangement between EA and the Advertiser or any other person, EA failure or neglect to recover monies, any lack of power on any director’s part to give this guarantee; release, discharge or transfer of any security held by EA; any director not executing this guarantee; or any other event, act or omission on EA’s part whatsoever. This guarantee is a principal obligation and is enforceable. Notwithstanding that the monies guaranteed are irrecoverable from the buyer.
12.2. If required by the payment arrangements agreed between EA and the Advertiser, the Advertiser must at all times maintain sufficient funds in the Advertiser’s credit card account or the bank account (as the case may be) to cover all fees or charges payable to EA as and when they are due.
12.3. Confidential account information: The Advertiser acknowledge and agree: (a) where the Advertiser is a partnership, by each of its partners: (b) where the Advertiser is a company, by each of its directors that:
12.3.a. EA may, at any time, in relation to either the advertiser, a partner or director:
12.3.a.i. disclose information contained in this Commercial Credit Application and or order form, including verbal order form, concerning that person to:
12.3.a.i.1. a credit reporting agency in accordance with section18E (8)c of the Privacy Act 1988(Cth);
12.3.a.i.2. another credit provider;
12.3.a.ii. obtain a credit report from another credit provider about that person’s credit worthiness;
12.3.a.iii. disclose information to another credit provider about that person’s consumer credit worthiness;
12.3.a.iv. use information that concerns that person’s commercial activities or commercial credit worthiness pursuant to Section18L(4) of the Privacy Act 1988(Cth) following the receipt of a credit report for the purpose of assessing the Commercial Credit Application;
12.3.a.v. disclose a report , including a verbal report, concerning that person, or any information derived from such a report, to another credit provider who requests the report or information for the purpose of assessing an application by that person for credit:
12.3.a.vi. disclose this information to our Solicitors or Collection Agency in the event of the account being delinquent in accordance with Section 18K(1)g of the Privacy Act 1988(Cth).
12.3.b. A credit reporting agency in possession or control of a credit information file relating to either the applicant or a partner or director of the applicant may disclose personal information contained in the file to EA:
12.3.b.i. pursuant to Section 18K(1)b of the Privacy Act 1988 (Cth).
12.3.b.ii. pursuant to Section 18K(1)c of the Privacy Act 1988 (Cth). Terms 1a & 1b apply equally to the reassessment of an account in accordance with Section 18E(8)c of the Privacy Act 1988 (Cth).
12.4. Nothing prevents EA from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.
12.5. If the Advertiser at anytime exceeds the companies payment terms and as a result is passed on for collection and or legal action EA may place a default against the advertiser with a credit reporting agency.
13.1. If the Advertiser wants to terminate their contract within the period of the term of the contract there will be no refunds
13.1.e. A cooling off period of five (5) business days will apply to all Contracts where an advertiser may cancel their booking. No cancellation fees will be incurred as a result of cancellation during the five (5) business day cooling off period. All cancellations within the cooling off period should be made via email
13.1.g. Any refund due and payable will be paid less any applicable cancellation fees.
An advertising proposal does not constitute an agreement between EA and the advertiser. All advertising proposal expire within 14 days of the proposal being presented unless stated otherwise in writing. Should an advertising proposal include position availabilities these will expire within two (2) days of the proposal being presented unless stated otherwise in writing.
Welcome to the Body art directory site (the Site). These are our Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the internet, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the site, regardless of how you access the Site.
Use of this site
- Events Australasia Pty Ltd (ABN 59119020156) (EA) is the owner and operator of the Site.
- Users of the Site, including Advertisers and Members (Users or you) agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the Site (Terms & Conditions), which are subject to change at EA’s sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
- The Site is made available for personal use only. You may not use the Site or the directory contained on the Site for any commercial purpose (other than for the adding to or correcting of information contained in the directory), in accordance with the Terms & Conditions, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from EA.
- Content (Content) refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the Site or directory.
- Additional terms and conditions for Body art directory Advertising Products can be found at http://www.bodyartdirectory.com.au/
- Users will not:
- use the Site for any purpose or in any way which is contrary to the Terms & Conditions or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
- submit or otherwise link to the directory, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
- damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to EA or do anything that compromises the security and/or stability of the Site or the directory;
- 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; or
- send automated queries of any kind to the Site or the directory without EA’s express written permission.
- Users agree:
- to abide by the Terms & Conditions;
- to provide accurate, current and complete information at all times;
- to maintain the security of passwords and/or identification;
- to be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other material whether publicly posted or privately transmitted to and from the account;
- not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;
- not to post or upload Content which contains hidden code or images which do not relate to or which alter the intended meaning of the original Content; and
- that EA has the right to suspend or terminate an Account and refuse any and all current or future use of the site or directory. Where it is possible for EA to contact Users directly, EA will notify the User of any suspension or termination and the reasons for it and the User has 5 days to provide a written response as to why the suspension or termination should be reversed. EA will give due and reasonable consideration to that response and provide a written response to the User within 10 days of receiving those reasons as to its decision.
- In signing up as a Business Owner you:
- agree that you are the registered business owner or authorised representative of the business being registered;
- agree that your business, like all businesses displayed on the Site are subject to receive ratings and reviews from Users;
- acknowledge that, to the extent permitted by law, EA is not liable for any Content that causes you or your business any loss or damage;
- acknowledge that EA reserves the right to include or exclude entry to, or remove a business from the Site and the directory; and
- understand that EA at its sole discretion will determine the utilisation of all keywords, categories, Content and other material used to describe or categorise a business listing for all purposes relating to the Site and the directory.
Liability & Indemnity
- EA does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (as incorporated in the Competition and Consumer Act 2010 and equivalent State or Territory legislation) which cannot be excluded, restricted or modified. However, EA otherwise excludes all rights, remedies, conditions and warranties in respect of goods or services provided through the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible, the following clauses 18 – 22 apply.
- EA does not warrant the accuracy of the Content and the directory on the Site, including but not limited to any maps displayed on the site and any third party sites or resources. All Content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. Content represents the views of the writer only and not the views of EA. All Content on the Site may be changed and/or removed at EA’ sole discretion and without notice.
- EA will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject to clause 21.
- EA does not warrant that functions contained in the Site Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that EA or the server that makes it available, are free of viruses or bugs.
- Liability of EA, for any breach of a term or condition implied by law, or any statutory guarantee, is limited at EA’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
- You indemnify EA and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Third Party Content & Links
- This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that Content.
- This Site may include links to third party sites which are not related to EA and in relation to which EA has no control or interest. The appearance of those links on this Site does not indicate any relationship between EA and that third party or any endorsement by EA of that third party, its site or the products or services which it is advertising on this Site.
- When you submit Content to EA in any format, including any text, photographs, graphics, video or audio, you grant EA and each of its related bodies corporate a non-exclusive, royalty-free, perpetual licence to publish or otherwise use that Content in any way, at any time.
- EA reserves the right not to use the Content you submit.
- You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law.
- You indemnify EA against any and all legal fees, damages and other expenses that may be incurred by EA as a result of a breach of the above warranty.
- Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.
- These Terms & Condition shall be governed by and interpreted in accordance with the laws of New South Wales.
- Any notice to be served to the Company under this agreement must be served personally by post, facsimile or email to the Company at:
Attention: Body art directory Customer Service Department
PO BOX 6680
Silverwater NSW 2128