Last Updated: October 3, 2021

The Paddington Business Directory website Conditions of Use describe the legal framework in which you access and participate on the Paddington Business Directory website, what your rights and responsibilities are, and what you can expect from us. The Paddington Business Directory website is owned and operated by Marketing Foundations Pty Ltd. The Paddington Business Directory website and Marketing Foundations’s services, which are provided through the website and may potentially also be provided through other mediums, are collectively referred to as “Marketing Foundations”, “us” or “we”.

1. Eligibility to use the Paddington Business Directory website

   By using the Paddington Business Directory website, you agree to be bound by these Conditions of Use as well as our Privacy Policy, Fair Play Policy, and other site rules. Collectively, these are referred to as the “Conditions”. Please read the Conditions carefully as your access to or use of the Paddington Business Directory website constitutes your acceptance of all the provisions of these Conditions.

   Use of the Paddington Business Directory website is only permitted providing you represent and warrant that (a) all registration information you submit is truthful and accurate, including that the email address you submit is one that you own and use; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or that you will use the Paddington Business Directory website only under the supervision of your parent or guardian who has agreed to these Conditions; and (d) that your use of the Paddington Business Directory website does not violate any applicable law or regulation.

   You represent and warrant that you have the right, authority, and capacity to enter into these Conditions and to abide by all of the terms and conditions set forth herein.

2. Prohibited activity

   You agree that you shall not, nor shall you allow any third party to:

   • modify, adapt, translate, or reverse engineer any portion of the Paddington Business Directory website and/or Marketing Foundation’s service;
   • remove any copyright, trademark or other proprietary rights notices on the Paddington Business Directory website or from other Paddington Business Directory website materials;
   • reformat or frame any portion of the web pages that are part of the Paddington Business Directory website;
   • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Paddington Business Directory website;
   • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
   • interfere with the proper working of the Paddington Business Directory website or Marketing Foundations’ service, including taking any action that imposes, or may impose in our sole discretion, an unreasonable load on our IT infrastructure;
   • create user accounts by automated means or under false or fraudulent pretenses;
   • create or transmit unwanted electronic communications such as “spam” to other Paddington Business Directory website users or otherwise interfere with other users’ enjoyment of the Paddington Business Directory website and/or Marketing Foundations’ Service;
   • copy or store any content offered on the Paddington Business Directory website or from marketing foundations’ services other than for your own use; or
   • collect any information about other users for any purpose other than to improve Paddington Business Directory website content;
   • use Paddington Business Directory website, intentionally or unintentionally, to violate any applicable law.

3. Your Paddington Business Directory website account

   You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your Paddington Business Directory website account, including interactions with other Paddington Business Directory website users and/or businesses. If you use the Paddington Business Directory website on a computer that others may access, you should ensure that you log out from your account at the end of each session.

   You must only register on the Paddington Business Directory website as a business if you are the business owner, or have express authority from the business owner to act on behalf of that business.

   You can cancel your Paddington Business Directory website account at any time by contacting Marketing Foundations.

   Marketing Foundations reserves the right to refuse, block or cancel any account at its sole discretion.

4. Privacy

   The use of the Paddington Business Directory website is also governed by our Privacy Policy, which you can access by clicking here.

5. Paddington Business Directory website content

   Please take care when posting information and other content, including text, data, photos, audio, video, and other materials (hereafter referred to as “User Content”), to the Paddington Business Directory website as some content may be prohibited (see next section). Despite this prohibition, Marketing Foundations does not control User Content, which may include content relating to ratings, reviews, business information, messages, special offers, member profiles, fundraisers and advice forum entries, and Marketing Foundations does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Paddington Business Directory website, you may be exposed to content that is offensive, or in some way objectionable. You agree that you must evaluate and bear all risks associated with the use of the Paddington Business Directory website content, including any reliance on the content, integrity, and accuracy of such content. If you find content that you believe is inappropriate, incorrect, or in some way suspect, please notify Marketing Foundations by emailing us using the Contact Us page.

   Marketing Foundations may, at its sole discretion, remove any User Content that it deems to be in violation of these Conditions, or which may be offensive, illegal, or violates the rights, or threatens the safety of any person. However, Marketing Foundations assumes no responsibility for monitoring the Paddington Business Directory website for inappropriate content or conduct, and has no obligation to remove such content, and Marketing Foundations assumes no responsibility for content submitted by users.

   You are solely responsible for any User Content that you submit, publish or display on the Paddington Business Directory website, or transmit to other members and/or other website users. You agree to only post User Content that you reasonably believe to be true and agree not to purposely provide false or misleading information. User Content is not necessarily reviewed by Marketing Foundations and as such may not reflect the policies or opinions of Marketing Foundations. User Content is not endorsed by Marketing Foundations and Marketing Foundations makes no warranties, express or implied, as to the accuracy, integrity or quality of such content.

   You also understand and agree that Marketing Foundations may review and delete any User Content, including business listings, reviews, member profiles, fundraisers, special offers, and advice forum entries, that in the sole judgment of Marketing Foundations violates these Conditions or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others.

   If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Paddington Business Directory website, such activity is solely between you and the applicable third party. Marketing Foundations has no liability, obligation or responsibility for any such activity and you hereby release Marketing Foundations from all claims arising from such activity.

   Your use of the Paddington Business Directory website may include links to, or otherwise direct you to, websites operated by third parties. Marketing Foundations does not endorse, nor is Marketing Foundations affiliated with these third party websites and we are not responsible for any content that appears on these websites. (Those third party websites also do not endorse Marketing Foundations.)

6. Content prohibited on the Paddington Business Directory website

   The following is a partial list of the kind of content and communications that is prohibited on the Paddington Business Directory website. Marketing Foundations reserves the right to investigate and take appropriate action in its sole discretion against anyone who violates this provision, including removing the offending communication from the Paddington Business Directory website and terminating the membership of such violators and/or blocking the use of the Paddington Business Directory website and/or cueball Marketing Foundations’ service.

   You may not post content that:

   • contains any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such rights;
   • infringes, misappropriates, or violates the intellectual property, privacy or other rights of any party;
   • is false or intentionally misleading;
   • is threatening, obscene, defamatory or libelous, including the use of inflammatory comments, generalisations, or unfounded criticism;
   • is patently offensive to users of the Paddington Business Directory website, such as Content that promotes racism, prejudice, hatred or physical harm of any kind against a group or individual;
   • harasses or advocates harassment of another person;
   • contains nudity, violence, or offensive subject matter or contains a link to other websites containing this type of content;
   • promotes illegal activities or conduct that is abusive;
   • links to another business directory, rating, or review website;
   • includes a photograph of another person without having gained that person’s consent; or
   • falsely expresses or implies that the content represents, is endorsed or sponsored by Marketing Foundations.

   You should also review Marketing Foundations’ Fair Play Policy.

7. Cancellations and refunds

   As Marketing Foundations have no lock-in contracts for its subscriptions, any cancellations must be made prior to the renewal date which can be viewed via your account settings.

   You acknowledge and agree that as a term and condition of using the Paddington Business Directory website, any fees incurred in accordance with our fee schedule are non-refundable.

   If we find your account is in poor standing or there has been abuse reported against your account, we may refuse any refund request.

   In any other case refunds will only be given at the absolute discretion of Marketing Foundations.

   In the event that a refund request is granted, there will be a 10% transaction fee applied to the original amount refundable.

8. Copyright and intellectual property

   When you publish User Content on the Paddington Business Directory website, you retain the ownership rights to this content, while you also agree to and hereby grant Marketing Foundations a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, and fully assignable license to use, reproduce, adapt, modify, translate, publish, create derivative works from, distribute, and display this content through the world in any media. You grant Marketing Foundations and its affiliates the right to use your Display Name, suburb and any photo you upload in connection with such Content. This license is non-exclusive, except you agree that Marketing Foundations shall have the exclusive right to practice this license to the extent of combining your User Content with the User Content of other Paddington Business Directory website users for the purposes of constructing or populating a database of ratings/reviews.

   Subject to the restrictions on use and on posting User Content as set forth in these Conditions, you may use the Paddington Business Directory website to submit, find, read and share reviews and download or copy portions of the content on the Paddington Business Directory website for your own use, and forward reviews, business listings and links to the Paddington Business Directory website to people you know, and invite others to join the Paddington Business Directory website.

   All content on the Paddington Business Directory website, including, but not limited to, text, photographs, graphics, audio, and video content, as well as the website itself, is protected by copyright. Except for the content submitted by users, the Paddington Business Directory website and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is the property of Marketing Foundations. With the exception of content that you have posted and therefore retain ownership rights over, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, or materials available on the Paddington Business Directory website or any other Paddington Business Directory website materials, in whole or in part except as expressly provided in these Conditions or with written permission from Marketing Foundations.

9. Trademarks

   the Paddington Business Directory website, and the the Paddington Business Directory website Logo, are trademarks of Marketing Foundations. These must not be used without the prior, written consent from Marketing Foundations.

10. Disclaimer

    The Paddington Business Directory website and Marketing Foundations’ service is provided by Marketing Foundations on an “as is” basis. We do not promise or warrant that any aspect of the Paddington Business Directory website or Marketing Foundations’ services will work properly, or will be continuously available. Marketing Foundations, its licensors and affiliates, do not warrant the accuracy or completeness of any information, text, graphics, links or other items contained on the Paddington Business Directory website. Marketing Foundations is not responsible for the conduct of any Paddington Business Directory website user. Any material or content downloaded or otherwise obtained through the Paddington Business Directory website is accessed at your own discretion and risk and 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. No advice or information, whether oral or written, obtained by any user from the Paddington Business Directory website shall create any warranty not expressly stated herein. To the fullest extent permissible by law, Marketing Foundations, its licensors and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability, fitness for purpose, or non-infringement.

11. Limitation of liability

    In no event shall Marketing Foundations, its parents, subsidiaries, shareholders, officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss), whether based on breach of contract, tort (however arising, including negligence), product liability, or otherwise, arising out of, or in connection with, the use of, or inability to use the Paddington Business Directory website. Notwithstanding anything to the contrary contained herein, you specifically agree that Marketing Foundations’ maximum total liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) The amount paid, if any, by you to Marketing Foundations for Marketing Foundations’ services in the 12 months prior to the action giving rise to liability, or (ii) AUD$200.

12. Indemnity

    You agree to indemnify and hold Marketing Foundations, its parents, subsidiaries, shareholders, officers, directors, employees, agents and affiliates, harmless, including legal costs, from any claim or demand made by any third party due to or arising out of (i) your access to the Paddington Business Directory website, (ii) your use of Marketing Foundations’s services, (iii) the violation of these Conditions by you, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

13. Applicable law

    These Conditions, and your dealings with Marketing Foundations, are subject to the state laws of Queensland, Australia, and the laws of the Commonwealth of Australia as applicable. You agree to submit to the jurisdiction of courts sitting in the State of Queensland for all purposes. Sole and exclusive venue for any dispute arising under or relating to this agreement shall be in a court sitting in Brisbane, Queensland.

    The Paddington Business Directory website is administered in Australia and intended for Australian users. Any use outside of Australia is at the user’s own risk and users are responsible for compliance with any additional local laws applicable to their use of the Paddington Business Directory website or services.

14. Changes to the conditions

    From time to time, we may need to change these Conditions to reflect our changing business (or if required by law, or for security, technical or other reasons). You agree and understand that these Conditions, the Paddington Business Directory website and any aspect of Marketing Foundations’ services may be modified by Marketing Foundations at any time without prior notice, and such modifications will be effective upon Marketing Foundations’ posting of the new Conditions and/or upon implementation of the changes on the Paddington Business Directory website. You agree to review the Conditions periodically so that you are aware of any modifications. Your continued use of the Paddington Business Directory website after any modifications indicates your acceptance of the modified Conditions. Unless expressly stated otherwise by Marketing Foundations, any new features, new services, enhancements or modifications to the Paddington Business Directory website implemented after your initial access shall be subject to these Conditions.

15. Miscellaneous

    These Conditions, accepted upon use of the Paddington Business Directory website and/or Marketing Foundations’ services, and all terms, guidelines and rules referenced herein, contain the entire agreement between you and Marketing Foundations regarding the Paddington Business Directory website and/or Marketing Foundations’ services. The failure of Marketing Foundations to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision. If any provision of these Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Conditions shall otherwise remain in fully enforceable. These Conditions are not assignable, transferable or sub-licensable except with Marketing Foundations’ prior written consent. The section titles in these Conditions are for convenience only and have no legal or contractual effect.