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ourbrisbane.com Directory Terms and Conditions for Directory Listing

The entire Terms and Conditions for Directory Listing (“these Terms and Conditions”) are comprised of:

the Terms and Conditions for Directory Listing set out below:
the “How To Register your Directory Listing” instructions located within the Directory;
to the extent applicable, the ourbrisbane.com Terms and Conditions of Use, Privacy Statement and Policy, Copyright and Trade Mark Notice and any other terms contained on this website.

These Terms and Conditions govern all Directory Listings posted on the Directory.

If there is any inconsistency or contradiction between the various terms and conditions that comprise these Terms and Conditions, the ourbrisbane.com Directory Terms and Conditions for Directory Listing prevail to the extent of any inconsistency or contradiction.

When the terminology:

“Listing Owner” or “you” is used, it refers to the business or community group seeking to be listed or who is listed on the Directory, as the context allows;
“we” or “us” is used, it refers to Brisbane City Council acting through its ourbrisbane.com Project; and
“the Directory” is used, it refers to the ourbrisbane.com Directory

Directory Listing

Some Directory Listings and the information contained therein may have been externally sourced by us and are posted in the Directory in an unsolicited manner.

Please note that the Directory is for listings of businesses and community groups; not individuals.

If your business or community group is listed and you do not wish to remain on the Directory or do not accept these Terms and Conditions please notify us so that we may remove your Directory Listing.

Rejection, or Removal
We reserve the right to reject, refuse or remove a Directory Listing at any time for any reason and without being obliged to provide any reasons to you.

Security Access Password
If you wish to directly make changes to any information contained in your Directory Listing, you first need to obtain a security access password from us. Your Security Access Password is obtained via the “Add/Edit a Listing” function located within the Directory.
You must keep secure the Security Access Password and ensure that only persons authorised by you have access to and use of the Security Access Password for the purpose only for which it was provided to you.

Promotions
From time to time, we may undertake promotions and make special offers in relation to the Directory ('Promotions'). All Promotions are offered subject to their own terms and conditions and may be withdrawn or altered at our discretion. The terms and conditions of a Promotion will override these Terms and Conditions to the extent of any inconsistency.

Warning
You acknowledge that we cannot control who will view a Directory Listing. For safety and security, you are encouraged to take measures and precautions against providing personal information in your Directory Listing that could place you or your staff or members in danger (whether real, threatened or potential).

Your Obligations

You must not include information in your Directory Listing that:

is unlawful, threatening, abusive, defamatory, obscene, vulgar, objectionable, pornographic, profane or indecent;
is false, misleading or deceptive or contains any misrepresentations;
interferes with or inhibits other users or listing owners from enjoying or using the Directory;
constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
violates or infringes upon the intellectual property rights or other proprietary rights of any other person;
not disclose confidential information of any other person without that person’s written consent;
is an invasion of any privacy or publicity rights of any person; or
exposes us to liability.

The information contained in your Directory Listing must:

be for a business or community group with a physical location and active presence within the City of Brisbane Region;
offer only products or services that complies with all applicable laws;
comply with the Australian Broadcasting legislation, regulations, guidelines, rules and relevant industry codes of practice;
relate only to the entity the subject of the Directory Listing; and
be true and accurate and be kept up to date.

In accessing and using your Directory Listing, you must not:

tamper or interfere with or hinder the technical managerial or administrative operations of or make unauthorised modifications to the Directory or the ourbrisbane.com website generally;
seek to probe, scan or test the vulnerability of the ourbrisbane.com system or network;
breach any security or authentication measures for the Directory or the ourbrisbane.com system or network;
attempt to gain access to or use of any other Directory Listing; and
knowingly transmit any virus or other disabling feature to the Directory or ourbrisbane.com website.

Your Warranties and Consent

You warrant and represent that:

all details and information in your Directory Listing provided by you are true and accurate and are not false misleading or deceptive;
you will keep secure the Security Access Password and only permit authorised persons access to and use of that Security Access Password; and
you will keep the information contained in your Directory Listing accurate and up to date and compliant with these Terms and Conditions.

Our obligations

If we make any additions or changes to the information contained in your Directory Listing, we will use our reasonable endeavours to ensure that information is accurately uploaded onto the Directory.

Our Reserved Rights

In addition to our reserved rights to reject, refuse and remove your Directory Listing for any reason and at any time, we also reserve the rights to, at any and all times and without notice to you:

monitor your Directory Listing to ensure that you are complying with these Terms and Conditions; and
record the outcomes of our monitoring activities, without any obligation to disclose or report the outcomes of our monitoring activities to you.

Charges

Ourbrisbane.com Directory listings are currently provided free of charge.

We reserve the right to introduce and, once introduced, to change, charges for Directory listings, from time to time. If we do so, we will notify you at the address contained in your Directory Listing or at the contact address provided by you, within a reasonable time before the introduction or change takes effect.

If you do not agree with the introduced or changed listing charges, you are required to immediately remove (if you have a Security Access Password) or otherwise notify us by Contacting Us to remove your Directory Listing before the listing charges take effect.

If you do not pay the listing charges within 30 days of such charges coming into effect or being due and payable, we reserve the right to remove immediately and without any further notice to your Directory Listing from the Directory.

Changes to these Terms and Conditions

We may vary any of these Terms & Conditions at any time by giving you reasonable notice by E-mail at the contact address provided by you or as posted on your Directory Listing or by notice on the ourbrisbane.com website or the Directory webpage.

If you object to the changes to these Terms and Conditions, you must (if you have a Security Access Password) immediately remove or (if you do not have a Security Access Password) notify us by Contacting Us so that we may remove your Directory Listing. If you allow or permit your Directory Listing to remain on the Directory subsequent to notification of changes to these Terms and Conditions this will be deemed to constitute acceptance by you of and bind you to these Terms and Conditions as changed.

Our Disclaimer and Liability

We make no warranty or representation:

that the operation of and access to the Directory will be uninterrupted or error-free. You acknowledge and accept that we will not be liable to you for the consequences of any interruptions in accessing or errors contained in the Directory; and
in relation to access or the extent of any access to the Directory by users of the ourbrisbane.com website.

You acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your information from misuse, loss and unauthorised access, we cannot guarantee the security of any information you transmit to us or contained on the Directory. You accept that these activities are conducted at your own risk.

To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred suffered or sustained by you or claims made against you, and you agree not to make any claim against us, due to or arising out of:

the posting of or failure by us to post your Directory Listing (in whole or in part),
any inaccuracies contained in your Directory Listing,
any reliance by any person upon the information contained in your Directory Listing, or
any failure in the operation of or access to the Directory.

To the extent permitted by law, all warranties, conditions and representations by us are excluded. If a term is implied by law into these Terms & Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms & Conditions. However, our liability for breach of such term will be limited, at our option, to one or more of the following:

in relation to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or acquiring equivalent goods; or
payment of the cost of having the goods repaired; and
in relation to services:
the supply of the services again; or
the payment of the cost of having the services supplied again.

Indemnity by You

You indemnify us from and against all losses, damages, liabilities or costs directly or indirectly suffered or incurred by us (including as a result of a claim by a third party) due to or arising out of or in any way connected to:

any breach of these Terms and Conditions (including warranties) by you; or
your use or misuse of the Directory or the Security Access Password issued to you.

Suspension and Termination

We may suspend your Directory Listing immediately at any time without liability to you if you breach these Terms and Conditions (or we reasonably suspect you have breached these Terms and Conditions) or if suspension is required for technical reasons.

If we become aware of or suspect or you notify us that the Security Access Password has become unsecured or unauthorised persons have gained access to that password, we will suspend your Security Access Password immediately without liability to you and, at our option, subject to receiving appropriate verification and authentication documentation from you, provide you with another Security Access Password.

We may terminate and remove your Directory Listing, immediately at any time and without notice to you, if:

you breach any of these Terms and Conditions including any warranties given by you;
you or any person misuses the Directory Listing;
there are reasonable grounds to suspect that any information provided by
you in your Directory Listing is false, misleading, deceptive, incomplete or incorrect;
you have engaged in any conduct or practice that comes to our attention that is detrimental or harmful to our good name, reputation or interests;
we receive a notification or direction from the Australian Broadcasting Authority regarding your Directory Listing; or
you enter into insolvency administration.

You may at any time and for any reason remove your Directory Listing from the Directory by either:

removing your Directory Listing yourself if you have a Security Access Password; or
notify us by Contacting Us so that we may remove your Directory Listing.

Disputes

Prior to resorting to any external dispute resolution process, you and we agree to use best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms and Conditions (including any breach or termination of your Directory Listing). Please notify us of any dispute you may have by Contacting Us .

Governing Law

These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and we and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia and Courts of Appeal from them for determining any dispute concerning the same.

General

If any of these Terms & Conditions are invalid or unenforceable, it will be struck out and the remaining terms and conditions will remain in force.

If we do not act in relation to a breach by you of these Terms & Conditions, this does not waive our right to act with respect to that or subsequent or similar breaches.