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Terms of Use

Version: 2

Effective Date: March 31, 2023

Welcome to Perths.Guide, a business and community directory service that provides users with information about Perth local businesses and services. It’s worth noting that while our policies may appear stringent and daunting, they are in place to safeguard both you and us. We are typical Australians with a rational outlook, so feel free to approach us if any issues arise. To use our website and services, you must agree to the following terms and conditions of use.

By accessing, browsing and using Perths.Guide website services, information, links including third party links and downloads, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Perths.Guide Terms of Use”). This Agreement is a legally binding agreement between Perths.Guide, the owner and operator of https://www.perths.guide (the “Site”), and you (“you” or “You”), a user of the Site, that governs your access to and use of the Site. Certain features of the Site may be subject to additional guidelines, terms, or rules, which may be posted on the Site from time to time and which are incorporated by reference into these Website Terms of Use.

By accessing or using the Site, you are accepting Perths.Guide Terms of Use (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Website Terms of Use (on behalf of yourself or the entity that you represent).

If you do not agree with all of the provisions of these Website Terms of Use, Do Not acess and/or use this site.

1. ACCESS TO OR USE OF THE SITE

1.1  License. Subject to these Website Terms of Use, Perths.Guide grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Site solely for your own personal use only during the term of this agreement.

1.2  Certain Restrictions. The rights granted to you in these Website Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Website Terms of Use. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

1.3  Modification. Perths.Guide reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Perths.Guide will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

1.4  No Support or Maintenance. You acknowledge and agree that Perths.Guide will have no obligation to provide you with any support or maintenance in connection with the Site.

1.5  Ownership. Excluding any User Generated Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Perths.Guide or Perths.Guide suppliers. Neither these Website Terms of Use (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Perths.Guide and its suppliers reserve all rights not granted in these Website Terms of Use. There are no implied licenses granted under these Website Terms of Use.

2. USER ACCOUNTS

2.1  User Account Creation.  To use certain features of the Site, you may be required to create a user account (“User Account”) by providing certain information about yourself as prompted by an account registration form.  You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your User Account at any time, for any reason, by request to Perths.Guide or by following the instructions on the Site.  Perths.Guide may suspend or terminate your User Account in accordance with Section 10.

2.2  User Account Responsibilities.  You are responsible for maintaining the confidentiality of your User Account login information (e.g. username and password) and are fully responsible for all activities that occur under your User Account.  You agree to immediately notify Perths.Guide of any unauthorised use, or suspected unauthorised use of your User Account or any other breach of security.  Perths.Guide cannot and will not be liable for any loss or damage arising from (i) your failure to comply with the above requirements or (ii) from unauthorised use of your User Account or any other breach of security, either with or without your knowledge.

2.3  Use of Other User Accounts.  You may not use anyone else’s account at any time, without the permission of the account holder.

2.4  Account Security. Perths.Guide cares about the integrity and security of your personal information. However, Perths.Guide cannot guarantee that unauthorised third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

2.5  Cancellation of listing and or account
Send us a message on the contact page https://perths.guide/contact-us and we will remove all information that you require. We may need to contact you to verify you are the authorised owner of the information. You may also delete the listing by claiming the listing and then deleting through the listing administrator page.

3. PRIVACY

For information about how the Perths.Guide collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Site you consent to the collection, use, and sharing (as set forth in the Privacy Policy and under The Australian Privacy Act legislation) of such information.

4. PAID SERVICES

For information about how the Perths.Guide charge and collect fees, please review our Payment Policy.

5. USER GENERATED CONTENT

5.1  User Generated Content. “User Generated Content” means all information and content that a user submits to, or uses with, the Site. You are solely responsible for all your User Generated Content. You assume all risks associated with use of your User Generated Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Generated Content that personally identifies you or any third party. You hereby represent and warrant that your User Generated Content does not violate our Acceptable Use Policy (defined in Section 5.3). You may not represent or imply to others that your User Generated Content is in any way provided, sponsored, or endorsed by Perths.Guide. Because you alone are responsible for your User Generated Content, you may expose yourself to liability if, for example, your User Generated Content violates the Acceptable Use Policy. Perths.Guide is not obligated to backup any User Generated Content, and your User Generated Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Generated Content if you desire.

5.2  License. You hereby grant (and you represent and warrant that you have the right to grant) to Perths.Guide a worldwide, non-exclusive, irrevocable, royalty-free, sub licensable, transferable and fully paid, worldwide license to reproduce, change, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Generated Content solely for the purposes of including your User Generated Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Generated Content.

5.3  Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(a)  You agree not to use the Site to collect, upload, transmit, display, or distribute any User Generated Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b)  In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorised access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

5.4  Enforcement. We reserve the right (but have no obligation) to review any User Generated Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Website Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying your User Generated Content, terminating your User Account and/or reporting you to law enforcement authorities where applicable.

5.5  Feedback. If you provide Perths.Guide with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Perths.Guide all rights in such Feedback and agree that Perths.Guide shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Perths.Guide will treat any Feedback you provide to Perths.Guide as non-confidential and non-proprietary. You agree that you will not submit to Perths.Guide any information or ideas that you consider to be confidential or proprietary.

5.6  Reviews and Ratings. By posting reviews and ratings; you hereby agree (i) you will supply correct and truthful information in your reviews and ratings (ii) you will not post reviews or ratings for any business or service that you have a financial interest in, or for any business or service that you are affiliated with in any way (iii) you will not post reviews or ratings that have personal information, such as phone numbers, email addresses, or physical addresses.

Perths.Guide reserves the right to remove or change any review or rating that violates these guidelines or that we decide, in our sole discretion, to be inappropriate or inaccurate.

6. INDEMNIFICATION

You agree to indemnify and hold Perths.Guide, its directors, its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Website Terms of Use, (c) your violation of applicable laws or regulations or (d) your User Generated Content. Perths.Guide reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Perths.Guide. Perths.Guide will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

7. THIRD-PARTY LINKS & ADS; THIRD-PARTY COMPETITIONS; OTHER USERS

7.1  Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Perths.Guide, and Perths.Guide is not responsible for any Third-Party Links & Ads. Perths.Guide provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads. Perths.Guide disclaims any responsibility or liability related to your access or use of any Third-Party Links & Ads.

7.2  Third-Party Competitions. Some users may promote competitions, promotions, prize draws and other similar opportunities on the Site (“Third-Party Competitions“). Perths.Guide is not the sponsor or promoter of these Third-Party Competitions and does not bear any responsibility or liability for the actions or inactions of any third parties who organise, administer or are otherwise involved in any of promotion of these Third-Party Competitions. If you wish to participate in any of these Third-Party Competitions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in such Third-Party Competitions in your country of residence.

7.3  Other Users. Each Site user is solely responsible for all its own User Generated Content. Because we do not control User Generated Content, you acknowledge and agree that we are not responsible for any User Generated Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Generated Content. Your interactions with other Site users are solely between you and such users. You agree that Perths.Guide will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

7.4  Release. You hereby release and forever discharge Perths.Guide (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).

8. DISCLAIMERS

The site is provided on an “as-is” and “as available” basis, and Perths.Guide (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our Suppliers) make no warranty that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

9. LIMITATION ON LIABILITY

To the maximum extent permitted by law, in no event shall Perths.Guide, its directors, officers, employees, agents, or our suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, including but not limited to direct, indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if Perths.Guide has been advised of the possibility of such damages. This includes damages arising from any errors, inaccuracies, or omissions in our content or any loss or damage of any kinds resulting from the use of our website or services. Access to, and use of, the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

10. TERM AND TERMINATION

Subject to this Section, these Website Terms of Use will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your User Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Website Terms of Use. Upon termination of your rights under these Website Terms of Use, your User Account and right to access and use the Site will terminate immediately. You understand that any termination of your User Account may involve deletion of your User Generated Content associated with your User Account from our live databases. Perths.Guide will not have any liability whatsoever to you for any termination of your rights under these Website Terms of Use, including for termination of your User Account or deletion of your User Generated Content. Even after your rights under these Website Terms of Use are terminated, the provisions of these Website Terms of Use will remain in effect.

11. COPYRIGHT POLICY

Perths.Guide respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please contact Perths.Guide by sending a message through our contact page https://perths.guide/contact-us and pass on the following information:

  1.  Identification of the copyrighted work(s) that you claim to have been infringed
  2.  Identification of the material on our services that you claim is infringing and that you request us to remove.
  3.  Sufficient information to permit us to locate such material.
  4.  Your address, telephone number, and e-mail address.
  5.  A statement that you have a good faith belief that use of the objectionable material is not authorised by the copyright owner, its agent, or under the law; and
  6.  A statement that the information in the notification is accurate, that you are either the owner of the copyright that has allegedly been infringed or that you are authorised to act on behalf of the copyright owner.
  7.  Your physical or electronic signature

Please note that, any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

12. GENERAL

12.1  Changes. These Website Terms of Use are subject to occasional revision, and if we make any substantial changes, we will notify you by prominently posting notice of the changes on our Site. You should look at the terms regularly. Any changes to these Website Terms of Use will be effective upon the earlier of thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

12.2  Electronic Communications. The communications between you and Perths.Guide use electronic means, whether you use the Site or send us emails, or whether Perths.Guide posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Perths.Guide in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Perths.Guide provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

12.3  Entire Terms. These Website Terms of Use constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Website Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Website Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Website Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Website Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Perths.Guide is that of an independent party, and neither party is an agent or partner of the other. These Website Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Perths.Guide prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Perths.Guide may freely assign these Website Terms of Use. The terms and conditions set forth in these Website Terms of Use shall be binding upon assignees.

12.4  Copyright/Trademark Information. Copyright © 2023 Perths.Guide. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

12.5  Contact Information.

You can contact us through our contact page https://perths.guide/contact-us

Perths.Guide is a subsidiary of PLMC Business Services Pty Ltd ABN: 78 167 697 369

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