Terms of Service

ATTENTION: Please read these terms carefully before using this service ('website' or 'THE GUIDE'). Using this service indicates that you accept these terms. This service is distributed via several domain names such as: www.theguide.com.au, www.theguide.net.au, www.guide.net.au, www.thegigguide.com.au, www.westaussie.com.

If you do not accept these terms, please do not use this service.

1.0  Copyright

All content included on this site (including syndication to third party websites), such as text, graphics, logos, button icons, images, audio clips, and software, is the property of THE GUIDE or its content suppliers and protected by Australia and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of THE GUIDE and protected by Australian and international copyright laws. All software used on this site is the property of THE GUIDE or its software suppliers and protected by Australian and international copyright laws. The content and software on this site may be used as a information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. Photocopying is expressly prohibited; reproduction of the material contained herein in any form whatsoever is expressly prohibited. You agree not to data mine send automated queries of any kind to the website without express written permission of THE GUIDE.

2.0  Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. Your Use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. THE GUIDE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

b. THE GUIDE makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free.

c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

d. THE GUIDE makes no warranties or representations regarding the accuracy or completeness of the information. It is not intended to provide any form of advice and should not be construed or relied on as such. Before making any commitment of any nature you should seek to verify the accuracy or completeness of the information contained herein with the listed institution or organisation. In compiling the information for the service, the provider relies on a number of external sources. The information is provided on the basis that whilst the provider believes that all the information in it will be correct at the time of publication, it does not warrant its accuracy or completeness and to the full extent allowed by the law excludes liability for any loss or damage sustained by users arising from or in connection with the supply or use of the information from this service.

e. No advice or information, whether oral or written, obtained by you from THE GUIDE or from the service shall create any warranty not expressly stated in the Terms of Service.

f. THE GUIDE accepts no responsibility for the publishing, editoring or authoring of defamatory material or material breaching copyright laws. Please contact the webmaster immediately.

g. Material posted by visitors to the website are strictly opinions of the visitor and not those of THE GUIDE. Material posted by visitors is clearly marked as such.

h. THE GUIDE does not edit, review or modify material posted by visitors to the website.

i. Inappropriate material such as offensive language, obscenity, racial vilification, marketing material, images, photographs, Universal Resource Locator (URL) links, Javascript, Hypertext Markup Language (HTML) or any other content other than plain english text sentences must not be posted on the website.

j. THE GUIDE reserves the right at its sole discretion to remove any material from the website without notice.

k. THE GUIDE does not guarantee, warrant or endorse any product or service provided by an advertiser on this website nor does THE GUIDE have any liability or responsibility for the quality of any product or service sold or offered by any advertiser on this website. The purchase or acceptance of any product or service from any advertiser on this website is a transaction solely between you and the advertiser and any question or dispute you may have regarding any such product or service should be addressed directly to the respective advertiser.

l. THE GUIDE shall not be responsible or liable for any loss or damage of any sort incurred as the result of dealings or correspondence with a listed institution or organisation on this website.

m. THE GUIDE reserves the right at its sole discretion to terminate any member of the website where it is deemed that member has misused or become a nuisance user of the website, this includes but is not limited to, emailing businesses listed on THE GUIDE with advertising or false enquiries. A terminated member's competition entries will be deleted immediately.


3.0   Copyright Complaints

THE GUIDE and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please e-mail THE GUIDE immediately at guide@theguide.com.au

4.0  Appropriate Conduct and Prohibited Uses

You agree that you are responsible for your own conduct and content while using the website and for any consequences thereof. You agree to use the website only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the website, you will not:

a. upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines;

b. upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;

c. upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content;

d. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

e. use the website for any illegal or unauthorized purpose;

f. remove any copyright, trademark or other proprietary rights notices contained in or on the website;

g. interfere with or disrupt the website or servers or networks connected to the website services, or disobey any requirements, procedures, policies or regulations of networks connected to the THE GUIDE services;

h. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of THE GUIDE services or collect information about users for any unauthorized purpose;

i. create user accounts by automated means or under false or fraudulent pretenses;

j. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.


5.0  Discount Vouchers

a. Carefully read each discount voucher before using;

b. Discounts apply only to the items and terms specified on the voucher;

c. Discount vouchers cannot be used in conjunction with any other offer;

d. One discount voucher per booking/table/group;

e. Each offer can only be used once per website visitor/member;

f. Discount vouchers can be used anytime except where specified on the discount voucher;

g. Void if purchased, sold or bartered for cash;

h. Discount vouchers are not transferable or reusable;

i. Discount vouchers are not redeemable for cash;

j. One discount voucher per booking/table/group;

k. THE GUIDE has no responsibility or liability for any Advertiser;

l. Discount voucher can only be used within Western Australia, Australia.

6.0   Syndication

THE GUIDE permits third parties to syndicate content ONLY IF these Terms of Service are met at all times. By syndicating content from THE GUIDE to a third party website ("your website"), you agree not copy, modify, manipulate or reproduce the content of the feed in any way other than by using the syndication script provided. You are ONLY permitted to use cascaded style sheets (CSS) to alter the presentation of content.

The syndication script can only be used AS IS and cannot be used to extract/datamine content, copy, modify, or manipulate the content from THE GUIDE feed. The syndication script must run independent of your website by way of a PHP 'include' function in your website code only. The purpose of the syndication script is to present content AS IS onto your website. No other use of the syndication service is permitted.

THE GUIDE reserves the right at its sole discretion to terminate this service at any time and without prior notice.

7.0   Competitions & Points

1. THE FOLLOWING COMPETITION IS INTENDED FOR VIEWING IN WESTERN AUSTRALIA ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO WESTERN AUSTRALIAN LAW. PERSONS RESIDING IN OTHER JURISDICTIONS ARE NOT ELIGIBLE TO WIN ANY PRIZES IN CONNECTION WITH THIS COMPETITION.

2. THE COMPETITION IS A GAME OF CHANCE. WINNERS WILL BE DETERMINED BY THE CRITERIA SET FORTH HEREIN. From all eligible entries received for each Competition Period (defined below) one (1) winner will be selected as set forth below. The Competition may not be used in any form of gambling.

3. TERM
Entries for the Competition will be accepted following the termination of the previous competition, and ending on the date specified on the current competition (the "Initial Period") until such time as the Sponsor officially announces the termination of the Competition is referred to herein as a "Competition Period."

4. ELIGIBLE ENTRIES
NO PURCHASE IS REQUIRED TO ENTER. In addition to terms provided elsewhere in this Agreement, the Competition is offered electronically via the Internet only to legal residents of Western Australia who are residing in the metropolitan area of Western Australia at the time of entry and who have Internet access as of the date of entry.

To be eligible to enter the Competition for any Competition Period, each entrant must register, free of charge, and become a validated member of this website at any time during any applicable Competition Period and remain such throughout the duration of the applicable Competition Period. For purposes of this Agreement, a validated member is defined as an individual who has successfully completed the New Subscription Details form and validated their e-mail address.

All entries will be treated equally regardless of the means of entry. All other entries will be ineligible. Entries generated by a script, macro or other automated means are null and void and will be disqualified. Persons under the age of 18, as of the date of entry of the Competition may not enter the Competition. Employees, agents, successors and assignees of the Sponsor, its advertising agencies and competitional companies involved in the Competition, as well as family and household members of each of the foregoing, shall be ineligible to participate in the Competition and shall be ineligible for any prize described herein. Entries must receive at least one (1) point (as described below) in order to be valid.

5. HOW TO ENTER
An "Entrant" is any individual who registers to become a validated member (as described above) and meets all other eligibility requirements described herein. All validated members as of APRIL 1st 2005, who meet all other eligibility requirements described herein will be automatically entered into the Competition and will be considered Entrants.

Entries will be accepted only via the online registration form to become a new user. An entry will not be valid unless all of the required fields of the online registration form are completed. Each entry must contain, and no entry will be complete or accepted unless it contains, the Entrant's correct e-mail address (validated). All other entries will be ineligible. Only one entry (validated membership) per person for the term of the Competition is allowed, and any entrant who submits more than one entry for the term of the Competition will be disqualified.

In the event of a dispute about the identity of an Entrant, entries made online will be declared made by the authorized e-mail account holder at time of entry of the e-mail address from which the entry was received. The authorized e-mail account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the second level domain name associated with the submitted e-mail address. The potential winner may be required to provide the Sponsor with proof that he or she is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible.

6. PRIZE AND WINNER SELECTION
At the end of each Competition Period, on or about 5:00 p.m. (AWST) on the last day of the applicable Competition Period, one (1) winning Entrant will be selected by random drawing from the pool of eligible Entrants (as defined herein) who receive at least one (1) point during the applicable Competition Period. The winner will receive a prize, as more particularly described at Competitions Page, with an approximate retail value where applicable.

Entrants receive and accumulate points at the occurrence of certain actions during each Competition Period. A schedule of points per action are described at Points Page. Where specified, Entrants are limited by a timeframe to the number of points accrued for a particular action.

Entrants need not re-register to be a validated member to be considered an Entrant for Subsequent Competition Periods. However, Entrants who terminate their registration during any Competition Period will forfeit any accumulated points and will not be considered Entrants for purposes of this Competition. Points will not carry over from one Competition Period to any Subsequent Competition Period. At the end of each Competition Period, each Entrant's points will be automatically reduced to zero (0). Thereafter, each eligible Entrant (as defined herein) will be automatically entered to win a Prize during each Subsequent Competition Period until the Competition is terminated as provided herein.

Odds of winning a Prize depend on the number of entries received and the number of points accumulated by each Entrant. Each Entrant's chance of winning a Prize will increase in direct proportion to the number of points accumulated by such Entrant during the applicable Competition Period. For example, if an Entrant receives 25 points during any applicable Competition Period and the total number of points accumulated by all Entrants during the same period is 250,000, such Entrant's chances of winning a Prize are 1 in 10,000, whereas if the same Entrant accumulates 50 points during the same Competition Period and the same total number of points are accumulated by all Entrants, such Entrant's chances of winning a Prize increases to 1 in 5,000. Except as expressly provided in this Agreement, a Prize is not transferable and no substitution of a Prize is permitted. The Sponsor will not replace any lost or stolen prize items.

ANY PRIZE IS AWARDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. THE WINNER WILL BE SOLELY RESPONSIBLE FOR ANY INSURANCE COSTS ASSOCIATED WITH DELIVERY OF ANY PRIZE.

The name of each Winner will be posted online on the Site and each Winner will be notified by electronic mail within seven (7) days after the date on which such Winner is selected as a Winner by the Sponsor. Noncompliance with these requirements or any other term herein will cause a Winner to be disqualified and an alternate winner to be selected. Any prize notification returned as undeliverable will result in disqualification of the intended recipient of such notification and selection of an alternate winner. By accepting any Prize, each Winner releases the Sponsor, its parents, affiliates, subsidiaries, advertising and competition agencies and their directors, officers, office employees and agents, from any and all liability, loss or damage incurred with respect to all aspects of the Competition and the awarding, receipt, acceptance, possession, use, or misuse of any prize, including liability for personal injury, death, damages or loss. Unless prohibited by law, by accepting any Prize, each Winner grants permission to the Sponsor and its affiliates and subsidiaries to use such Winner's name, biographical information, likeness and/or statements made by or attributed to such Winner and relating to the Sponsor, any Prize and/or the Competition for publicity and competitional purposes without further compensation, unless prohibited by law. Unless prohibited by law, each Winner agrees to execute a written consent to such effect. Any prize will be sent to each Winner via post or commercial courier, as determined by the Sponsor. Any prize will be awarded no later than thirty (30) days following each applicable Drawing.

7. DISCLAIMERS;LIMITATION ON LIABILITY;DISQUALIFICATION;MISCELLANEOUS.
No responsibility, damage, loss or injury is assumed by the Sponsor, or any subsidiary and/or affiliated company of the Sponsor or their officers, directors, agents and employees (collectively, the "Released Parties") for
(i) incomplete, late, lost, misappropriated, garbled, illegible, incomplete, damaged or misdirected entries;
(ii) any printing or typographical errors in any materials associated with the Competition;
(iii) any human, telephone, technical, computer or online malfunction, bug, error or any other technical malfunction and/or problem of any origin;
(iv) the inability of any person to access the Site for any reason;or
(v) the use of any Prize.

The Entrant agrees to indemnify, hold harmless and release the Released Parties, their agents, affiliates and assigns from any and all liabilities for injuries, claims, damages or expenses, including, without limitation, attorneys' fees or injuries, claims, damages or expenses resulting from copyright infringement, sustained in connection with or arising out of the Competition (including the software associated with it), the breach of any of the Entrant's representations and warranties herein, the registration to become a validated member, the submission of any entry or the acceptance, possession, receipt or use of any prize (including, without limitation, claims, costs, injuries and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional).

NEITHER THE GUIDE OR ANY OF ITS AGENTS OR AFFILIATES OR ASSIGNS SHALL BE RESPONSIBLE FOR ANY COSTS OR DAMAGES INCURRED BY ANY ENTRANT AS A RESULT OF PARTICIPATING IN THE PROMOTION, SUBMITTING AN ENTRY, REGISTERING TO BECOME AN HSW REGISTERED USER, WINNING ANY PRIZE OR ANY DAMAGE OTHERWISE ARISING OUT OF THIS PROMOTION, WHETHER DIRECTLY OR INDIRECTLY, INCLUDING, WITHOUT LIMITATION, ANY SERVER FAILURES, HARDWARE OR SOFTWARE FAILURES, LOST, MISAPPROPRIATED OR CORRUPTED ENTRIES OR REGISTRATIONS, VIRUS, WORM OR TROJAN HORSE DAMAGE, OR ANY OTHER DAMAGE, MALFUNCTION, FAILURE OR DISRUPTION ARISING OUT OF OR IN CONNECTION WITH THIS PROMOTION.

The Sponsor reserves the right at its sole discretion to disqualify any individual (at any time and without prior notice to such individual): found to be tampering with the entry process or the operation of the Competition;to be acting in violation of this Agreement;to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or for any other reason whatsoever. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

The Entrant hereby acknowledges that the Entrant is not entitled to any compensation or right of approval in connection with the Competition or THE GUIDE'S exercise of any right or power granted by the Entrant to the website hereunder.

8. SPONSOR POWERS
The Sponsor will have the power to rule on all aspects of the Competition. The decisions of the Sponsor shall be final and irreversible. The Sponsor reserves the right to make any necessary or appropriate changes to the Competition as it progresses. The Sponsor reserves the right to cancel or modify the Competition in whole or in part in event of technical or other difficulties or for any other reason at any time.

9. RULES
The Competition is subject to this Agreement and all applicable federal, state, and local laws and regulations. By participating in this Competition, you acknowledge that you have read this Agreement and agree to abide by its terms and by the decisions of the Sponsor, which are final and binding on all matters pertaining to the Competition. All Australian national, state and local laws and regulations apply. The Sponsor reserves the right to change this Agreement at any time and for any reason whatsoever, in its sole discretion.

8.0  Applicable Law

This site is created and controlled by THE GUIDE in Western Australia, Australia. As such, the laws of Western Australia will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.