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Terms of use

 

Updated March 2014

1 Website Terms of use

1.1 In these Terms, Sensis is referred to as “we”, “us”, or “our”, as appropriate.

1.2 Sensis Pty Ltd (ABN 30 007 423 912) (“Sensis”) operates websites and applications, including:

(a) www.yellowpages.com.au (“Yellow Pages® Website”) and the Yellow Pages App (“Yellow Pages App”);
(b) www.whitepages.com.au (“White Pages® Website”) and the White Pages App (“White Pages App”); and
(c) www.whereis.com (“Whereis® Website”) and any version of the Whereis App (“Whereis App”),

 (each a “Website” and “App” and collectively, the “Websites” and the “Apps”).

1.4 Your access to and use of the Websites (including any mobile version of the Websites) and the Applications and certain services available on the Websites is governed by these terms of use, consisting of:

(a) the terms of use set out in this clause 1;

(b) the general terms of use set out in clause 2 (“General Terms”);

(c) any product specific terms of use which apply in respect of your access to and use of the following Sensis websites and products as set out in clauses 3 to 6 and may be accessed by clicking the following hyperlinks below (together, the “Specific Terms”):

(i) the Yellow Pages® Send to Mobile Service

(ii) the White Pages® Share Service; and

(iii) Whereis® Website and Whereis Application  Specific terms relating to third party material and links from this website are  here; and

(d) our Privacy Statement

(together, the “Terms”).

1.5 By using and continuing to use a Website of an App, you agree to the Terms. If you do not agree to any of the Terms, you should not continue to use the Website.

1.6 If there is any inconsistency between the General Terms and the Specific Terms, the Specific Terms will prevail to the extent of the inconsistency.

1.7 Please see our Privacy Statement for more information on how we manage personal information and for details about who to contact for privacy related queries.

Changes to the Terms
1.8 From time to
time, we may need to change the Terms to reflect our changing business, if we are required by law, for security reasons or for technical or infrastructure reasons. We may change the Terms at any time without notice to you and you agree to be bound by such changes. The changed Terms will apply from the date on which we post them on the sensis.com.au website.

2 General Terms

Intellectual property

2.1 The Websites and Apps and the material contained on the Websites and Apps (including without limitation the software, design, text, data, graphics and any copyright work) are owned or licensed by us or our related or affiliated entities (unless otherwise specified), and are supplied solely for reference purposes and informational use.

2.2  You may download a single permanent copy and print individual listings, maps or other content appearing on a Website or App for private, non-commercial use only.

2.3  Apart from the private, non-commercial use permitted by clause 2.2and any fair dealing permitted under Part III, Division 3 of the Copyright Act 1968 (Cth), you must not do any of the following unless you have received the prior permission of Sensis:

(a) reproduce, reformat, reuse, transmit (including broadcast), communicate, adapt, distribute, sell, modify, store in a retrieval system or publish or otherwise use any of the material on a Website (including any underlying source code, data, listings or maps), for any purpose whatsoever;
(b) use any of the content on a Website for commercial purposes or gain or to establish or operate your own product or offering;
(c) data mine, scrape or conduct automated searches on a Website or the material contained on it (including, for example, by using spiders or robots); or
(d) interfere with, or attempt to interfere with, the proper workings of a Website (including, for example, by making excessive traffic demands on a Website).

2.5 Your use of a Website does not create a licence or any other rights with respect to the trade marks, service marks, copyright, or other intellectual property or proprietary rights in or on any part of a Website.

2.6 None of the following trade marks should be used or applied without our prior written consent or the consent of their respective owner, as applicable:

(a) the following trade marks of Sensisor its related bodies corporate:

(i) Yellow™;
(ii) Yellow Pages®;
(iii) The Yellow Pages Walking Fingers® logo;
(iv) Let your fingers do the Walking®;
(v) White Pages®;
(vi) Whereis®;
(vii) the Whereis® logo;
(viii) Sensis®;
(ix) the Sensis® logo;
(xi)  UBD®
(xii) UBD® logo

and

(c) any other trade marks that appear on any part of a Website or are referred to or made available via links from a Website that are the property of their respective owners.

Privacy

2.7 We may collect, use and disclose your personal information in accordance with the practices set out in our Privacy Statement (available at http://about.sensis.com.au/legal/privacy.php or by calling 1800 736 747  .

Linking

2.8 We welcome links to the Websites in accordance with the following terms:

(a) You must not link to a Website in any way to represent or imply falsely, deceptively or confusingly that:

(i) we sponsor, endorse or are associated with or related to you or any third party or product; or
(ii) you provide, or are the source of, any goods or services provided by us;

(b) You must not:

(i) frame, mirror or distort a page of a Website; or
(ii) alter or distort any registered or unregistered trade marks, logos or names owned by us; and

(c) Your site, and any material on it, must conform to accepted standards of public decency and good taste.  It must not expose us to any risk of liability under any criminal or civil law, or liability arising from the infringement of a third party’s rights. Neither you nor the material on your website may disparage us or our goods or services.

2.9 Other than the ability to link to a Website in accordance with these terms, you do not gain any right, title or interest in any registered or unregistered trade marks, logos, domain names, or any other material appearing on a Website (including any copyright works) belonging to us.

2.10 The contents of a Website may change from time to time. We make no representations that the material to which you choose to link on a Website will continue to be available, or will remain unchanged.

2.11 We reserve the right to require, at our complete discretion, that you do not link to a Website. You must comply with any request by us to remove or alter a link to a Website from your site.

Whereis® Map Service

2.12 The Whereis® maps displayed on a Website or App (if any) have been generated from the Whereis® map server.

2.13 For more information regarding the Whereis® mapping data source, quality, accuracy and the product specific terms of use, click here

Our liability to you

2.14 The terms that apply to our supply of a Website or App (including the content and services accessible via a Website) are those that are set out in the Terms and those implied by consumer protection laws that cannot be excluded. No other terms apply.

2.15 We take reasonable care and skill in compiling the content and services available on a Website or App and in making the Website or App available. However:

(a) the Website or App is provided “as is” and we do not warrant or represent that it is complete, current or free from errors or omissions, programming bugs or viruses or secure; and
(b) the availability of a Website or App (or parts) may be subject to numerous factors, including those outside our control (such as actions of third parties, malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that the availability of a Website or App will be continuous or uninterrupted.

2.16 We accept liability to you for breach of contract or negligence under the principles applied by the courts, but to the extent permitted by law:

(a) we do not accept liability to you for any loss that results from your use of our products and services in connection with the conduct of a business;
(b) if our liability to you cannot be excluded under law but may be limited, we limit our liability to re-supplying the relevant services or paying the cost of re-supply, at our option, where it is fair and reasonable to do so;
(c) subject to clause 1.20(b), we will not be liable under any other cause of action in connection with the Terms or your use of a Website for any loss or damage (including special, indirect or consequential loss or damage, loss of revenue, loss of profit, unavailability of systems or loss of data); and
(d) we will not be liable for any loss:

(i) to the extent that it is caused by you (for example, through your negligence or breach of contract) or results from your failure to take reasonable steps to avoid or minimise your loss; or
(ii) caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).
(iii) to the extent that it caused to you by third party material or links provided on a Website or App (as set out in clause 2.22).

2.17 The presentation and appearance of content and the functionality of a Website or App and the services on devices may be affected by many factors including the underlying technology of the device used and device functionality. Accordingly, we, and our related entities and contractors, do not guarantee that a Website or App or the services will operate on all mobile handsets or devices.

Your liability to us

2.18 You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).

Third party material and links

2.19 A Website or App may contain advertisements, facilities, information and links to websites provided by third parties, which are not maintained or controlled by us. These are provided for convenience only. Third party sites or facilities available on third party sites are not part of a Website or App. Your access to any third party sites and use of any third party products, services or functions appearing on a Website or App is at your own risk.

2.20 We do not endorse any third party sites (or products, services or facilities available on third party sites) or warrant or represent:

(a) that third party websites, or third party products or services advertised on a Website or App or on third party websites, will be suitable for any particular purpose;
(b) that the third party has particular qualifications, or that the qualifications claimed by an advertiser are valid; or
(c) that the published address and other contact details of any third party found on a Website or App (including details found in an advertisement) are always accurate, complete and up to date.

2.21 It is your responsibility to verify:

(a) the suitability, quality and condition of any goods or services advertised on a Website or App, in any of our print directories or on any third party website; and
(b) the information on a Website or App, in any of our print directories or on any third party website before relying on it.

2.22 If you contact a third party using facilities provided on a Website or App, including via email, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

2.23 If you use a Website or App or any third party website to order or purchase any products or services from a third party, that transaction is solely between you and the third party.

2.24 If you become aware of any inaccuracies or omissions in the information on a Website or App or in any of our print directories, we would be grateful if you could bring this to the attention of our online Customer Service Centre at email@sensis.com.au.

Miscellaneous

2.25 The Terms (and your dealings with us) are subject to the laws of Victoria, Australia and the courts of Victoria, Australia will have non-exclusive jurisdiction to hear and determine any dispute arising in relation to the Terms (and your dealings with us).

2.26 The Websites and Apps have been prepared in accordance with Australian law. We make no representations or warranties as to whether or not the information or products available from a Website or an App are appropriate or available for use in other countries, or comply with the laws of other countries. If you choose to access a Website or App from outside Australia, you do so at your own risk and you are responsible for compliance with applicable local law.

2.27 If any part of the Terms is unenforceable, it will be severed from the remainder of the Terms. A provision of or a right created under the Terms will not be waived except in writing signed by the party granting the waiver.

Using listings to make telephone calls

2.28 If you use listings on a Website or App to make telephone calls or to send other communications (eg, SMS messages), you may be liable to pay charges to the applicable service provider. If you use Telstra as your service provider, you will pay charges to Telstra.

2.29 You agree and acknowledge that:

(a) When 13 or 1800 numbers are called from mobile telephones, applicable mobile call charges will apply; and
(b) Calls to 0055 or 1900 numbers are charged according to the duration of the call, the time of day and the type of service. Higher rates apply to calls made from public and mobile telephones.
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3 Yellow Pages® - specific terms of use


3.1 These terms and conditions (“Yellow Pages Specific Terms”) apply to your use of the Yellow Pages® Send to Mobile Service operated or made available by Sensis.

3.2 To access and use the Yellow Pages® Send to Mobile service, you must:

(a) be the owner of the mobile handset or account from which the service is accessed, or have the consent of the owner to access the service from that handset or account; and
(b) be the owner of the mobile phone number to which the service sends a message, or have the consent of the owner to send a message to that number.

3.3 The service is provided free by Sensis but your standard network charges will apply when accessing Yellow Pages® Mobile or the Yellow Pages Website.

3.4 You must not and must not attempt to or permit another person to use the Yellow Pages® Send to Mobile Service  or the information or content disclosed to you via the Yellow Pages® Send to Mobile Service:

(a) in any way which is unlawful, offensive or results, or could result, in damage to property or injury to any person, including by harassing or threatening people; or
(b) in a way which infringes our or any other person's rights (including intellectual property rights and moral rights); or
(c) knowingly to transmit any virus, worm, Trojan horse or other disabling feature to or via the service.

Postcode Disclaimer

3.5  Parts of the information contained on this website have been reproduced with Australia Post's permission from Australia Post's PCODE databases. The contents of these publications and databases remain at all times the property of Australia Post and may not be reproduced without Australia Post's permission. In compiling the information Australia Post has used its best endeavours to ensure that the information is correct and current at the time of publication, but neither we nor Australia Post takes responsibility for any error or defect therein. Neither we nor Australia Post will be liable for any loss or damage arising from the use of, or reliance placed on, any information provided by it.

4 White Pages® Online - specific terms of use

4.1 These terms and conditions (“White Pages Specific Terms”) apply to your use of the share service which enables you to send contact details from most listings on the Website to a variety of destinations, including to your mobile phone via SMS (“White Pages® Send to Mobile Service”), to an e-mail address (“White Pages® Send to Email Service”), to Facebook, Twitter, or any of the other websites available via the Share Service from time to time (“Share Service”).

White Pages® Send to Mobile

4.2 To access and use the White Pages® Send to Mobile service, you must:

(a) be the owner of the mobile handset or account from which the service is accessed, or have the consent of the owner to access the service from that handset or account; and
(b) be the owner of the mobile phone number to which the service sends a message, or have the consent of the owner to send a message to that number.

4.3 The service is provided free by Sensis but your standard network charges will apply when accessing White Pages® Mobile or White Pages® Online.

4.4 You must not and must not attempt to or permit another person to use the service or the information or content disclosed to you via the service:

(a) in any way which is unlawful, offensive or results, or could result, in damage to property or injury to any person, including by harassing or threatening people; or
(b) in a way which infringes our or any other person's rights (including intellectual property rights and moral rights); or
(c) knowingly to transmit any virus, worm, Trojan horse or other disabling feature to or via the service

Postcode Disclaimer

4.5 Parts of the information contained on this website have been reproduced with Australia Post's permission from Australia Post's PCODE databases. The contents of these publications and databases remain at all times the property of Australia Post and may not be reproduced without Australia Post's permission. In compiling the information Australia Post has used its best endeavours to ensure that the information is correct and current at the time of publication, but neither we nor Australia Post takes responsibility for any error or defect therein. Neither we nor Australia Post will be liable for any loss or damage arising from the use of, or reliance placed on, any information provided by it.

5 Whereis® - specific terms of use

5.1 These terms and conditions (“Whereis Specific Terms”) apply to your use of:

(a) the Whereis Website; and
(b) the Whereis App provided by us through the Whereis® Application as made available by us from time to time on devices such as the iPhone and iPad devices ("Whereis App").

Whereis Website means any version of www.whereis.com including any mobile version.

The Whereis Website and Whereis App are collectively referred to as Whereis Properties.

Copyright


5.2 The Whereis® maps displayed on the Whereis Properties have been generated from the Whereis® map server. This map server uses Whereis® map data that was developed by Sensis Pty Ltd ("Sensis").

5.3 Copyright in the ®Whereis Properties and the digital map data presented on the Whereis Properties is jointly owned by Sensis and its related bodies corporate and their licensors. The Whereis Properties also incorporates data or imagery which is sourced from the Department of Treasury and Finance, Geographic Data Victoria, Geoscience Australia, Queensland Department of Transport and Main Roads and Orbimage Inc (trading as GeoEye).

5.4 For information about licensing the above data, contact Sensis on 1800 819 471  FREE 1800 819 471  or email Whereisadmin@sensis.com.au.

Map coverage
5.5 Map coverage within the Whereis Properties  are progressively updated in an effort to provide the most comprehensive and complete online map database for Australia.

5.6 Currently the Whereis Properties provide map data covering most of Australia. The detail and completeness of the data varies according to location. 5.7 You acknowledge that any inactive maplinks may be removed by us without notice to you.

Estimated travel times
5.8 The estimated travel times for map routing are calculated using average travel speeds dependant on the road classification and mode of transport.

5.9 No consideration is made for traffic conditions, traffic lights, or other barriers and factors that may otherwise impede or enhance the estimated travel time.

5.10 Below are the average speeds used in our calculations:

Main roads: 90km/h
Roads of major importance: 60km/h
Other major roads: 50km/h
Secondary roads: 50km/h
Local connecting roads: 40km/h
Local roads: 40km/h
Local roads of minor importance: 35km/h
Other roads: 25km/h
Bike & walking tracks etc: 10km/h

The above stated average speeds are combined with the calculated travel distance to estimate the travel time.

5.11 Travel time is rounded to the nearest minute and thus the sum of the travel times for each instruction may not equal the total travel time for the entire trip in some circumstances.

Estimated distance

5.12 The estimated distance for map routing is calculated using the departure and arrival locations input by the user. Distances are derived from the road network rather than a straight line distance.

Additional notes

5.13 The route presented is considered the simplest route between the departure and arrival address, using higher road classes (main roads) where possible.

5.14 In some cases route numbers are used on the maps rather than the known road names. This occurs mainly on Freeways, Motorways and Tollways.

5.15 Currently map routes can be generated within and between all capital cities and some major population centres such as the Central Coast in New South Wales, Wollongong, Geelong and the Mornington Peninsula in Victoria , and the Gold Coast and Sunshine Coast in Queensland.

5.16 Australian cities contain many locations which are known as 'localities' rather than 'suburbs'. Localities do not have defined boundaries and often fall across multiple suburbs. When planning a route, the suburb name in a city should be used rather than a popular 'locality' name. For example use 'Box Hill North' or 'Surrey Hills' rather than 'Mont Albert', or use 'Darlinghurst' instead of 'Kings Cross'.

5.17 The map data used within the Whereis Properties contains the same high quality navigational attributes as used by our In Car navigation database. Should you find any abnormalities or inconsistencies in your searches, please make use of our contact form or contact the Whereis® Navigation Service Centre on 1800 819 471  FREE 1800 819 471 .

Cookies

5.18 We may use “cookies” on the Whereis Properties for profiling purposes and to provide online advertising on the Whereis Properties that is tailored to the suburb or postcode you specify in your search.

Whereis® Send to Mobile on Whereis Properties


5.19 The following clauses 5.20 to 5.22 apply to the Whereis Send to Mobile service on the Whereis Website.

5.20 To access and use the Whereis® Send to Mobile service, you must:

(a) be the owner of the mobile handset or account from which the service is accessed, or have the consent of the owner to access the service from that handset or account; and
(b) be the owner of the mobile phone number to which the service sends a message, or have the consent of the owner to send a message to that number.

5.21 The service is provided free by Sensis but your standard network charges will apply when accessing Whereis® Mobile or Whereis®.

5.22 You must not and must not attempt to or permit another person to use the service or the information or content disclosed to you via the service:

(a) in any way which is unlawful, offensive or results, or could result, in damage to property or injury to any person, including by harassing or threatening people; or
(b) in a way which infringes our or any other person's rights (including intellectual property rights and moral rights); or
(c) knowingly to transmit any virus, worm, Trojan horse or other disabling feature to or via the service.

Whereis App

5.23 The Whereis App is a wireless application which allows users who have loaded the Whereis App on to a mobile handset, tablet or device to access Whereis map data, addresses, points of interest, business information, directions and navigation.

5.24 Restrictions on driver use of navigation aids, including specific restrictions on L and P plate drivers, exist in some States and Territories and you should ensure local rules are adhered to.

5.25 As the functioning of the Whereis App relies on technologies beyond our control (such as location positioning technology), we do not promise that the Whereis App service will be available for use at all times.

5.26 It is your responsibility to use the Whereis App prudently and to visually verify streets, roads, road signs, directions, weather conditions and traffic conditions. You download and use the Whereis App at your own risk.

5.27 The Whereis App is provided free by Sensis but your standard network charges may apply when accessing data from the Whereis App.

5.28 You consent to us and our related bodies corporate using and disclosing the location of your device using the Whereis App to enable us to provide the Whereis App capabilities to you.

Whereis Data Charges

5.29 If you are a Telstra Next GTM customer:

(a) you will have access to the 1234 service through the Whereis App. If you choose to utilise the 1234 service through the Whereis App, call charges will apply;
(b) your use of the Whereis App will be unmetered to the extent that the Whereis App downloads/uploads map data and business listing information. However, your downloads via links to third party sites and third party content from the Whereis App will be metered and you may be charged for data usage. You acknowledge that we may use third party sites and third party content for the purposes of analysing errors in the functionality of the Whereis App, that you may not be notified of this if it occurs and that this data may be metered and you may be charged for data usage; and

(c) your use of the Whereis Website on a smartphone or tablet will be unmetered except when your download accesses third party sites and content and you acknowledge that each refresh of a Whereis Website will involve access to a third party site.

5.30 We will collect and store information about the routes that users download using the Whereis Navigator service.

Feedback and information

5.31     From time to time we may collect information from you when the Whereis App on your mobile handset, tablet or device fails to function correctly.  This information may include, but is not limited to:

            (a)        the cause of the Whereis App failing;

            (b)        the part of the Whereis App you were using when the Whereis App failed;

            (c)        the handset type and operating system you were using; and

            (d)        your location when the Whereis App failed.

5.32 If you want to know more about licensing Whereis® map data contact us on 1800 819 471  , fax +61 2 9954 5155 or email Whereisadmin@sensis.com.au.