Website Terms and Conditions of Use
By accessing or otherwise using this website (Website), you agree to be bound by these Terms and Conditions of Use. This Website is owned and operated by Black Book Holdings Pty Ltd (ACN 3646 293 316) T/A Black Book and Black Book App. (Black Book & Black Book App, we, us, our). Black Book’s website is operated on behalf of Black Book and its related entities (together “Black Book”). You acknowledge that Black Book provides access to the Website to you subject to these Terms and Conditions of Use.
Products and Services
- Parts of this Website may enable you to purchase products (Products), submit or upload content (such as reader reviews) (User Content) or subscribe to a data service (a Service). You cannot purchase any Product, submit any User Content or subscribe to any Service available on this Website until you are a registered as a subscriber to this Website.
Claiming a Business and Registration
- If you are claiming a business listing, you must be the business owner or an authorised employee or agent of the business owner in order to claim the listing. Please follow the instructions set on the website, which can be located by finding the heading “Claim your Business” on the footer of the website.
- You may also access certain areas of the Website by logging in with your social media account (such as Facebook). If you choose to log in via your social media account, you confirm that you are the owner of the account. Black Book may collect certain personal information via your social media account (such as your email address, your public profile information (including your profile picture), your location, date of birth and any places that you’ve liked or checked in to, and any other information that you consent from time to time to provide to us).
- You are responsible for ensuring that all information provided to The Black Book is accurate and up to date, and you must update your information as necessary in order to keep it accurate.
- If you are claiming a business listing, then you acknowledge that you are bound by these Terms and Conditions of Use, warrant that you are the owner or authorised employee or agent of that business, and will defend and hold The Black Book harmless from any loss arising from your actions. You must not impersonate someone else, create multiple accounts or business listings (other than as permitted by Black Book), or provide or use false information to obtain access to a business listing.
- Black Book may suspend or terminate your account if you have breached these Terms and Conditions of Use multiple times, or if (in our absolute discretion) you commit a very serious breach. Your passwords and account security
- Access to parts of the Website, including those enabling you to purchase Products or subscribe to a Service, is password protected. If Black Book issues you with a password, you must memorise your password or store your password in a safe and secure place. Do not disclose your password to anyone.
- You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the relevant parts of Website. Accordingly, you agree that you will be solely responsible to The Black Book for all activities that occur under your username or other account details.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify Black Book immediately at email@example.com.
- You understand and agree that all material (excluding User Content), information and data (such as data files, written text, computer software, audio files, photographs, or other images) accessed or used by, or provided to, you through the Website (the Website Content) comprises the intellectual property of Black Book or any relevant third parties from whom the Black Book may license that Website Content.
- You must not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by Black Book or by the owners of that Website Content, in a separate agreement.
- You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.
- Reviews of businesses submitted by registered users of the Website are the opinion of the respective authors and are not necessarily reflective of the views of Black Book. We will not mediate disputes between business owners and registered users. If a business owner disagrees with a review published by a registered user, the business owner should, in an effort to resolve the issue, publish a comment in reply to the user’s review. If a business owner believes that a registered user’s review contradicts these Terms and Conditions of Use, please contact us at firstname.lastname@example.org and provide full details including the nature of the disagreement. Black Book may (in our sole discretion) remove the post in question, if we agree that a breach of these Terms and Conditions of Use has taken place.
- If you are a business owner, you covenant and agree that:
a) Black Book is a platform service provider;
b) to the maximum extent permitted by law, Black Book will not be liable or responsible for any comments or reviews posted on the Website by anyone;
c) any issue or potential legal claim arising from, in relation to or connected with comments or reviews posted on the Website must be resolved between you and the person who has posted or made the comment or review;
d) you release Black Book from any claims, liability, demands, loss, causes of action, suits and costs arising from or connected with any comments or reviews posted on the Website including without limitation any comments or reviews negative to your business and/or which you believe are untruthful or unreasonable.
e) the provisions of these Terms and Conditions of Use (and in particular this clause 15) may be pleaded by Black Book as a complete bar and defence to any claims, liability, demands, loss, causes of action, suits and costs arising from or connected with any comments or reviews posted on the Website.
- Unless otherwise indicated, all intellectual property in the Website is owned or licensed by Black Book. Subject to these Terms and Conditions of Use, Black Book grants you a non-exclusive, non-transferable, limited licence to view, download and use information directly accessible through the Website (Licence).
- You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will embarrass, defame, offend, or infringe on the intellectual property or other rights of Black Book or any other person.
- Any of the trademarks, service marks or logos displayed on the Website may be registered or unregistered marks (Marks) of Black Book or third-party owners. Nothing contained on the Website should be construed as granting any licence or right to use any of the Marks displayed on the Website without the express written permission of Black Book. Any unauthorised uses of the Marks are strictly prohibited.
- Except as provided by law, the Website is provided “as is” and without any warranty or condition, express or implied.
- Black Book does not warrant that the information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses. Black Book does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Black Book’s control. Black Book does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website.
- Subject to the provisions of the Competition and Consumer Act 2010 (Cth), Black Book makes no guarantees, representations or warranties in respect of the information and materials available on the Website or the means of accessing that information and material (including the software operating in connection with the Website). Black Book makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Black Book which are or may become linked or framed to or from the Website.
Use of User Content
a) is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
b) infringes anyone else’s rights (including intellectual property rights);
c) impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Black Book considers to be inappropriate;
d) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms and Conditions of Use;
e) violates any law, statute or regulation;
f) forges information to disguise the origin of any User Content; or
g) encourages or incites any other person to engage in any of the above behaviour.
- You grant to Black Book a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the copyright you have in any User Content, in all media now known or not currently known. By submitting User Content, you also consent to any dealings with your User Content that may otherwise infringe your moral rights. Black Book may copy any User Content, cause it to be seen and/or heard in public, and communicate it to the public. We may also allow third parties to do these things.
- You can edit any User Content you submit via the Website. If you wish to delete some or all of your User Content, send an email to us at email@example.com.
- Users, in generating User Content, using any community forum, or interacting with other Users or the public in any way via the Website or our App, must at all times comply with any Community Guidelines that may be published by Black Book from time to time.
- Black Book encourages intelligent conversation and welcomes questions, comments and debate on the Website and its social media platforms. As an organisation that supports many industries, from food and wine to fashion and entertainment, we focus on constructive contributions, and will not provide a forum for trolling, abuse or personal attacks of any kind. We value the opinion of our readers, but will distinguish between comments that contain constructive, relevant arguments and those that are abusive, offensive or could be construed as an attack. We expect all users to consider the impact of their words and take responsibility for them. If we decide any User Content breaches your obligations under clause 22 or is not in keeping with the spirit of these Terms and Conditions of Use or any Community Guidelines, we may remove it.
- If you see an interaction on the Website, or Black Book’s Facebook or Twitter accounts that concerns you, please let us know via firstname.lastname@example.org.
Limitation of Liability
- You agree that, to the maximum extent permitted by law, Black Book is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms and Conditions of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
a) the use of the Website;
b) the use by Black Book of information provided by you to Black Book through the Website;
c) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
d) the use of your Website password by you or any third party to whom you have made the password available.
- Subject to the Competition and Consumer Act 2010, Black Book expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Black Book’s sole discretion):
- a) in the case of goods, any one or more of the following:
i) the replacement of the goods or supply of equivalent goods;
ii) the repair of the goods;
iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
iv) the payment of the costs of having the goods repaired; and
b) in the case of services:
i) the supply of the services again; or
ii) the payment of the cost of having the services supplied again.
- You indemnify Black Book against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by any members of Black Book, arising from, or which is directly or indirectly, related to:
a) your breach or non-observance of any term of these Terms and Conditions of Use; or
b) any breach or inaccuracy in any representations or warranties made to Black Book.
Terminating your relationship with the Black Book
- These Terms and Conditions of Use will continue to apply until terminated by either you or Black Book as set out below.
- If you have a registered account via the Website and want to terminate your relationship with Black Book, you may do so by notifying Black Book in writing. User Content you have on the Website or our App will not be removed automatically on termination or deactivation of your user account. You may at any time write to Black Book to request that we remove your User Content from the Website or our App.
- Black Book may, at any time, terminate its legal agreement with you if:
a) you have breached any provision of these Terms and Conditions of Use or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms and Conditions of Use; or
b) Black Book is required to do so by law (for example, where the provision of products and services to you through the Website is, or becomes, unlawful).
- If you breach any provision of these Terms and Conditions of Use, Black Book may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.
- Nothing in clauses 33, 34, or 35, above, interferes with Black Book’s rights under clause 23 of these Terms and Conditions of Use.
- You must not establish links on any other website to the Website or any other part or parts of the Website without the prior written consent of Black Book.
- Black Book may alter any of the content on the Website at any time. Amendment of Terms and Conditions of Use
- Black Book may amend, add to or remove any part of these Terms and Conditions of Use at any time without notice. You should periodically read these Terms and Conditions of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms and Conditions of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.
Choice of Law and Use of the Website
- These Terms and Conditions of Use are governed by the laws of the State of Victoria, Australia. Black Book has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia. The Website is available only to people in Australia who can form legally binding contracts under applicable law.
Commission and Fees
- In certain cases, Black Book may have a relationship with a third party whose website is linked to this Website. That third party may pay Black Book either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. The commission and referral fees are normally payable by those third parties on a monthly or quarterly basis, in arrears.