Please note that these terms and conditions are written by us (the Lawyers version of these are at the bottom of this page), however both are legally binding. We try to write in a language we hope you can understand and if challenged on issues are happy to enter into the discussion and make changes. If something has gone wrong or annoyed you, please talk to us, but please be polite as we are only human. So here we go.
Why a listing addition or amendment may not be approved:
There is no local service or product provided. Your web site is just a “link farm” or “ad farm” that redirects visitors to a site that does have local products and services.
Sites that contain adult material and or explicit images that are not adequately warned or in compliance with Australian law.
Listings that link to sites that contain offensive content. Hate sites and “racist” sites fit into this category. Inclusion is completely at the discretion of the The Box Hill Guide owners, project leader and compassionate staff.
If your confirmation email “bounced”.
If the confirmation email is not responded to within 7 days of submission.
Address supplied does not make sense or is not a valid address.
Rude or impolite behavior to our staff who provide this service to all Australian businesses.
Business activities that are deemed illegal by Australian law.
Duplicate listing entries for the same category. You may have different companies operating from the same address and phone number BUT they must provide different goods or services to be listed. No multiple companies from the same location for the same offerings.
Exceptions may be granted for “Partnerships”.
Duplicate listing entries for the same company in different locations. You may have multiple locations BUT they must have separate local contact details (phone or address) ALSO displayed on your company website.
Merely servicing a location does not allow a listing for that location.
Duplicate listing entries for the same company but with different URLs. A second website does not entitle you to a second listing. Please choose your primary website.
Our service is not here to provide SEO back links to all your domains.
Any listing, tag lines, or links that are clearly dishonest or deceptive when reviewed by a typical user.
Failure to maintain email and telephone contact permission for The Box Hill Guide and firms in a partnering relationship with The Box Hill Guide for updates, enhancements and commercial electronic messages that may contain marketing or promotional information.
Other restrictions on the listings are as follows:
Listings must be submitted with an email address of the listing company, unless by prior arrangement with our office.
Please note that we cannot process listings that come to us with a gmail, hotmail or yahoo or other free email account unless you can verify the account is a true and valid account being used for the actual listing company. eg the email address is that shown on the website.
Using html tags in any form fields is disallowed – sorry, everybody gets treated the same.
If a listing contains a link to a web site, the web site must contain local contact details. If no details are provided on the site, we will not include the web site link. Local contact details are phone or address details, an email address alone will not be considered sufficient.
If a listing contains a link to a web site, the web site must contain matching contact details. If the website contact details don’t match the listing details submitted, we will not include the web site link so as not to confuse people.
If a listing contains a link to a web site, the linked page must not create any “pop-ups” or “pop-unders”. If either of these occur, we will not include the web site link. We consider a pop-up/pop-under to be any window, regardless of content, that opens in addition to the original window, without the user initiating it.
Upper case lettering in the organisation name is not allowed unless supported by upper case lettering in the organisation logo or on a supporting web site.
The organisation name used in the listing should be that of either your registered business or trading name. Using your domain name will be subject to our approval.
No “key word” stuffing in the tag line or description fields. Tag lines are preferably your company motto or slogan and the description needs to be a legitimate statement about your goods and services.
You may not enter the url of another business directory as your website entry.
The Box Hill Guide operates this free site as a Wiki, see definition here: http://en.wikipedia.org/wiki/Wiki and as such doesn’t take responsibility for the listing’s accuracy or completeness.
Protecting YOUR Privacy
The privacy of our visitors to theboxhillguide.com.au is important to us.
At theboxhillguide.com.au, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit theboxhillguide.com.au, and how we safeguard your information. We never sell your personal information to third parties.
All of us at The Box Hill Guide are committed to providing you with peace of mind in protecting your privacy. We are bound by the Commonwealth Privacy Act 1998, which sets out a set of principles concerning the protection of your personal information.
Your personal information
Personal information held by The Box Hill Guide may include:
- Your name
- Your business name
- Current address
- Telephone number(s)
- Mobile phone number
- Fax number
- ACN or ABN numbers
- Email address
- Web site address
- Listing renewal dates
- Log on and passwords for listing updates
If you choose to not provide us with the business information we request from you, we may not be able to provide you with the services you require, or you may experience difficulty or delays in the delivery of our services and products.
How we collect personal information
The Box Hill Guide collects personal information in a number of ways, including:
Directly from you via business cards, details provided in correspondence, over the telephone or when submitted by a form on one of our web sites;
From third parties such as our related companies;
Your representatives;
From publicly available sources of information;
When legally required to do so.
How we use your personal information
Your personal information may be used to:
Verify your identity;
Assist you with our products and services;
Provide or improve our service delivery through a range of media;
Administer and manage our services provided to you including charging, billing and collection of debts;
Inform you of ways the products and services provided to you can be improved;
Research and develop our products and services;
Improve our understanding of your business to provide you with better products and services;
Maintain and improve our business systems for improved services and product delivery.
When we disclose personal information
In order to deliver the products and services you require,The Box Hill Guide may disclose your personal information to organisations outside The Box Hill Guide. These organisations carry out our:
Delivery activities;
Web site hosting;
Mailing systems;
Billing and debt collection;
Market research.
Data Based Marketing consulting.
Your personal information is disclosed to these organisations only in relation to The Box Hill Guide providing our products and services to you. The Box Hill Guide takes reasonable steps to ensure these organisations are subject to obligations of confidentiality or privacy in relation to the protection of your personal information.
We may also disclose your personal information to:
Other companies who have a partnering relationship with The Box Hill Guide;
Your authorised representatives, accountants or legal advisers when requested by you to do so;
Credit providers;
Our professional advisors, including our lawyers, accountants and auditors;
Government or regulatory organisations as required or authorised by law;
Help us ensure we hold accurate information
The Box Hill Guide takes all reasonable precautions to ensure the personal information we collect, use and disclose is accurate, complete and up to date. However, the accuracy of the information we hold depends to a large extent on the information you provide.
We recommend that you:
Let us know if there are any errors in your personal information; and
Keep us up to date with changes to personal information such as your address, telephone numbers and email addresses.
You can access your personal information
You have the right to access your personal information. If you would like to do so please let us know. You may be required to provide proof of identity and/or put you request in writing for security reasons. We reserve the right to charge a fee for repetitive requests for and providing access to your information.
Log Files
As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.
Cookies and Web Beacons
We do use cookies to store information, such as your personal preferences when you visit our site. This could include only showing you a popup once in your visit, or the ability to login to some of our features, such as forums.
You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.
Deleting cookies does not mean you are permanently opted out of any advertising program. Unless you have settings that disallow cookies, the next time you visit a site running the advertisements, a new cookie will be added.
DoubleClick DART cookies
We also may use DART cookies for ad serving through Google?s DoubleClick, which places a cookie on your computer when you are browsing the web and visit a site using DoubleClick advertising (including some Google AdSense advertisements). This cookie is used to serve ads specific to you and your interests (?interest based targeting?). The ads served will be targeted based on your previous browsing history (For example, if you have been viewing sites about visiting Las Vegas, you may see Las Vegas hotel advertisements when viewing a non-related site, such as on a site about hockey). DART uses ?non personally identifiable information?. It does NOT track personal information about you, such as your name, email address, physical address, telephone number, social security numbers, bank account numbers or credit card numbers. You can opt-out of this ad serving on all sites using this advertising by visiting https://support.google.com/adsense/answer/2839090?hl=en
How to contact us
If you have any questions in relation to privacy, please contact us on (02) 8077 3441 between 9:00 am and 4:00 pm, Mondays to Friday or email us at info@theboxhillguide.com.au.
Disclaimer
The material available through The Box Hill Guide is provided to give visitors access to relevant contact and business information. You should be aware that in making this material available, we are not providing professional advice and accept no liability arising from reliance upon this material.
The material available through The Box Hill Guide is provided by a variety of international, national and local private bodies. While this allows us to provide a more comprehensive service, it does result in some limitations. These limitations include the following:
There is no single agency responsible for dealings with business contact and product/services provision. In addition, different visitors may have very different business information and/or contact. For these reasons, it is not always possible to ensure that all information and contact relevant to your business requirements are available through The Box Hill Guide.
The material available through The Box Hill Guide may include views and recommendations of third parties, which do not necessarily reflect our views or indicate our commitment to a particular course of action.
The fact that The Box Hill Guide refers to a service or organisation in no way implies any form of endorsement by us of the products or services provided by that person or organisation.
While we strive to provide a high quality service, these limitations mean that we cannot guarantee that the material available through The Box Hill Guide is accurate, complete, or up-to-date.
We make reasonable efforts to ensure that The Box Hill Guide is available for users when required. However, we cannot guarantee to provide continuously available or uninterrupted access to the site or the material available through the site.
Copyright
The Box Hill Guide supports and encourages the dissemination and exchange of information, especially in the area of electronic media and web pages. However, copyright protects material on this web site. The Box Hill Guide does not object to this material being reproduced but asserts its right to be recognised as author of its original material and the right to have its material remain unaltered when redistributed or reproduced
Enquires regarding the reproduction of The Box Hill Guide material should be directed to info@theboxhillguide.com.au.
The Box Hill Guide Terms
1. Your relationship with The Box Hill Guide
1.1 Your use of the The Box Hill Guide web sites (referred to collectively as the “Sites” in this document and excluding any Sites provided to you by The Box Hill Guide under a separate written agreement) is subject to the terms of a legal agreement between you and The Box Hill Guide. “The Box Hill Guide” means David Pulvirenti, Australian Business Number 88 776 838 464, whose principal place of business is at 50 Carrington Rd, Castle Hill, NSW2154 Australia. This document explains how the agreement is made up, and sets out some of the terms of this agreement.
1.2 Unless otherwise agreed in writing with The Box Hill Guide, your agreement with The Box Hill Guide will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as “the Terms”.
1.3 Your agreement with The Box Hill Guide will also include the terms of any Legal Notices applicable to the Sites, in addition to the Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Site, these will be accessible for you to read either within, or through your use of, that Site.
1.4 The Terms form a legally binding agreement between you and The Box Hill Guide in relation to your use of the Sites. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
2. Accepting the Terms
2.1 In order to use the Sites, you must first agree to the Terms. You may not use the Sites if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by The Box Hill Guide in the user interface for any Site; or
(B) by actually using the Sites. In this case, you understand and agree that The Box Hill Guide will treat your use of the Sites as acceptance of the Terms from that point onwards.
2.3 You may not use the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract with The Box Hill Guide, or (b) you are a person barred from receiving the Sites under the laws of Australia or other countries including the country in which you are resident or from which you use the Sites.
2.4 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Use of the Sites by you
3.1 In order to access certain Sites, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Sites, or as part of your continued use of the Sites. You agree that any registration information you give to The Box Hill Guide will always be accurate, correct and up to date.
3.2 You agree to use the Sites only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Australia or other relevant countries).
3.3 You agree not to access (or attempt to access) any of the Sites by any means other than through the interface that is provided by The Box Hill Guide, unless you have been specifically allowed to do so in a separate agreement with The Box Hill Guide. You specifically agree not to access (or attempt to access) any of the Sites through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Sites.
3.4 You agree that you will not engage in any activity that interferes with or disrupts the Sites (or the servers and networks which are connected to the Sites).
3.5 Unless you have been specifically permitted to do so in a separate agreement with The Box Hill Guide, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Sites for any purpose.
3.6 You agree that you are solely responsible for (and that The Box Hill Guide has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which The Box Hill Guide may suffer) of any such breach.
4. Your passwords and account security
4.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Sites.
4.2 Accordingly, you agree that you will be solely responsible to The Box Hill Guide for all activities that occur under your account.
5. Content license from you
5.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Sites. By submitting, posting or displaying the content you give The Box Hill Guide a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Sites. This license is for the sole purpose of enabling The. Box Hill Guide to display, distribute and promote the Sites and may be revoked for certain Sites as defined in the Additional Terms of those Sites.
5.2 You agree that this license includes a right for The Box Hill Guide to make such Content available to other companies, organizations or individuals with whom The Box Hill Guide has relationships for the provision of syndicated Sites, and to use such Content in connection with the provision of those Sites.
5.3 You understand that The Box Hill Guide, in performing the required technical steps to provide the Sites to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, Sites or media. You agree that this license shall permit The Box Hill Guide to take these actions.
5.4 You confirm and warrant to The Box Hill Guide that you have all the rights, power and authority necessary to grant the above license.
6. Ending your relationship with The Box Hill Guide
6.1 The Terms will continue to apply until terminated by either you or The Box Hill Guide as set out below.
6.2 If you want to terminate your legal agreement with The Box Hill Guide, you may do so by (a) notifying The Box Hill Guide at any time and (b) closing your accounts for all of the Sites which you use, where The Box Hill Guide has made this option available to you. Your notice should be sent, in writing, to The Box Hill Guide address which is set out at the beginning of these Terms.
6.3 The Box Hill Guide may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) The Box Hill Guide is required to do so by law (for example, where the provision of the Sites to you is, or becomes, unlawful); or
(C) the partner with whom The Box Hill Guide offered the Sites to you has terminated its relationship with The Box Hill Guide or ceased to offer the Sites to you; or
(D) The Box Hill Guide is transitioning to no longer providing the Sites to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Sites to you by The Box Hill Guide is, in The Box Hill Guide’s opinion, no longer commercially viable.
6.4 Nothing in this Section shall affect The Box Hill Guide’s rights regarding provision of Sites under the Terms.
6.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and The Box Hill Guide have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation .
7. Exclusion of warranties
7.1 Nothing in these terms shall exclude or limit The Box Hill Guide’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
7.2 You expressly understand and agree that your use of the sites is at your sole risk and that the sites are provided “as is” and “as available.”
7.3 In particular, The Box Hill Guide, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
(A) your use of the sites will meet your requirements,
(B) your use of the sites will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the sites will be accurate or reliable, and
(D) that defects in the operation or functionality of any software provided to you as part of the sites will be corrected.
7.4 Any material downloaded or otherwise obtained through the use of the sites is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
7.5 No advice or information, whether oral or written, obtained by you from The Box Hill Guide or through or from the sites shall create any warranty not expressly stated in the terms.
7.6 The Box Hill Guide further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
8. limitation of liability
8.1 Subject to overall provision in paragraph 7.1 above, you expressly understand and agree that The Box Hill Guide, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(A) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. this shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or sites, or other intangible loss;
(B) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the sites;
(ii) any changes which The Box Hill Guide may make to the sites, or for any permanent or temporary cessation in the provision of the sites (or any features within the sites);
(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the sites;
(iv) your failure to provide The Box Hill Guide with accurate account information;
(v) your failure to keep your password or account details secure and confidential;
8.2 The limitations on The Box Hill Guide’s liability to you shall apply whether or notThe Box Hill Guide has been advised of or should have been aware of the possibility of any such losses arising.
9. Advertisements
9.1 Some of the Sites are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Sites, queries made through the Sites or other information.
9.2 The manner, mode and extent of advertising by The Box Hill Guide on the Sites are subject to change without specific notice to you.
9.3 In consideration for The Box Hill Guide granting you access to and use of the Sites, you agree that The Box Hill Guide may place such advertising on the Sites.
10. Other content
10.1 The Sites may include hyperlinks to other web sites or content or resources. The Box Hill Guide may have no control over any web sites or resources which are provided by companies or persons other than The Box Hill Guide.
10.2 You acknowledge and agree that The Box Hill Guide is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that The Box Hill Guide is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11. General legal terms
11.1 Sometimes when you use the Sites, you may (as a result of, or through your use of the Sites) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other Sites, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
11.2 The Terms constitute the whole legal agreement between you and The Box Hill Guide and govern your use of the Sites (but excluding any Sites which The Box Hill Guide may provide to you under a separate written agreement), and completely replace any prior agreements between you and The Box Hill Guide in relation to the Sites.
11.3 You agree that The Box Hill Guide may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Sites.
11.4 You agree that if The Box Hill Guide does not exercise or enforce any legal right or remedy which is contained in the Terms (or which The Box Hill Guide has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Box Hill Guide’s rights and that those rights or remedies will still be available to The Box Hill Guide.
11.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11.6 You acknowledge and agree that each member of the group of companies of which The Box Hill Guide is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
11.7 The Terms, and your relationship with The Box Hill Guide under the Terms, shall be governed by the laws of the State New South Wales, Australia without regard to its conflict of laws provisions. You and The Box Hill Guide agree to submit to the exclusive jurisdiction of the courts located within the city of Sydney, New South Wales, Australia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that The Box Hill Guide shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.