TERMS & CONDITIONS

These Terms govern your access to and use of the Directory, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Directory”). By accessing or using the Directory, you are agreeing to these Terms, which form a legally binding contract with: (i) ANTSS, an Australian Company with its headquarters in the Gold Coast. Do not access or use the Directory if you are unwilling or unable to be bound by the Terms.

1)DEFINITIONS

a) “You” and “your” refer to you, as a user of the Directory. A “user” is someone who accesses or in any way uses the Directory. “We,” “us,” and “our” refer to ANTSS and its subsidiaries.

b) “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Directory, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Directory. “ANTSS Content” means Content that we create and make available in connection with the Directory. “Third Party Content” means Content that originates from parties other than ANTSS or its users, which is made available in connection with the Directory. “Directory Content” means all of the Content that is made available in connection with the Directory, including Your Content, User Content, ANTSS Content, and Third Party Content.

c)Sites and Accounts. “Consumer Site” means ANTSS’s consumer website (ANTSS.com.au and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Site.

2)CHANGES TO THE TERMS
We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Directory is governed by the Terms effective at the time of your access to or use of the Directory. If we make material changes to these Terms, we will notify you by email, by posting notice on the Directory, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Directory after the effective date of changes to the Terms represents your acceptance of such changes.

3)TRANSLATION
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with ANTSS, and any inconsistencies among the different versions will be resolved in favour of the English version available here.

4)USING THE DIRECTORY

a) To access or use the Directory, you must have the requisite power and authority to enter into these Terms. You may not access or use the Directory if you are a competitor of ANTSS or if we have previously banned you from the Directory or closed your Account.

b)Permission to Use the Directory. We grant you permission to use the Directory subject to these Terms. Your use of the Directory is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.

c)Directory Availability. The Directory may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

d) You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Directory. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorised use of your Account. We reserve the right to close your Account at any time for any or no reason.
Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Directory. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without ANTSS’s prior approval.

e)Communications from ANTSS and Others. By accessing or using the Directory, you consent to receive communications from other users and ANTSS through the Directory, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote ANTSS or businesses listed on ANTSS, and may be initiated by ANTSS, businesses listed on ANTSS, or other users. You further understand that communications may be sent using an automatic telephone dialling system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with ANTSS or made through the Directory may be monitored and recorded for quality purposes.

5)CONTENT

a) Responsibility for Your Content. You alone are responsible for Your Content, and once posted to ANTSS, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorise the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by ANTSS.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, Directory mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.

b) Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Directory and any Other Media the right to access Your Content in connection with their use of the Directory and any Other Media. Finally, you irrevocably waive, and cause to be waived, against ANTSS and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialise, and prepare derivative works of Your Content.

c) As between you and ANTSS, you own Your Content. We own the ANTSS Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Directory Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Directory excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, Directory marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the ANTSS Content and the Directory, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the ANTSS Content in whole or in part except as expressly authorised by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Directory and the ANTSS Content are retained by us.

d) ANTSS and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

e) User Content (including any that may have been created by users employed or contracted by ANTSS) does not necessarily reflect the opinion of ANTSS. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except in accordance with ANTSS’s Verified License program, ANTSS does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly.

f) You can access features through the Directory that allow you to book or transact online communication and appointments. These features may be provided by ANTSS’s third-party partners, including through iframes or similar formats, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.

g)Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that ANTSS may facilitate any such payments and charges on behalf of the transacting local business.

h) Any coupons that ANTSS might issue for use in connection with the Directory are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.

6)REPRESENTATIONS AND WARRANTIES
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

a) You represent and warrant that you have read the Terms and Conditions.

b) You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Directory to:

i ) Violate our Terms, including the Content Guidelines and Event Terms and Conditions;

ii) Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;

iii) Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

iv) Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

v) Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Directory’s search results.

vi) Solicit personal information from minors, or submit or transmit pornography;

vii) Violate any applicable law;

viii) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Directory or Directory Content (other than Your Content), except as expressly authorised by ANTSS;

ix) Use any robot, spider, Directory search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Directory or any Directory Content, except as expressly permitted by ANTSS.

x) Reverse engineer any portion of the Directory, unless applicable law prohibits this restriction, in which case you agree to provide us with  30 days’ prior written notice;

xi) Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Directory or on any materials printed or copied from the Directory;

xii) Record, process, or mine information about users;

xiii) Access, retrieve or index any portion of the Directory for purposes of constructing or populating a searchable database;

xiv) Reformat or frame any portion of the Directory;

xv) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on ANTSS’s technology infrastructure or otherwise make excessive traffic demands of the Directory;

xvi) Attempt to gain unauthorised access to the Directory, Accounts, computer systems or networks connected to the Directory through hacking, password mining or any other means;

xvii) Use the Directory or any Directory Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;

xviii) Use any device, software or routine that interferes with the proper working of the Directory, or otherwise attempt to interfere with the proper working of the Directory;

xix) Use the Directory to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Directory or Directory Content; or

xiii) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Directory, features that prevent or restrict the use or copying of Directory Content, or features that enforce limitations on the use of the Directory.

7)ADDITIONAL POLICIES AND TERMS 

a)Copyright and Trademark Disputes. You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.

b)Additional Terms. Your use of the Directory is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Directory (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.

8)SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sub licensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against ANTSS and its users any claims and assertions of any moral rights contained in such Feedback.

9)THIRD PARTY CONTENT AND Directory
The Directory may host Third Party Content, or include links to other websites or applications (each, a “Third Party Directory”). We do not control or endorse any Third Party Content or Third Party Directory. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Directory. Your use of and reliance on any Third Party Content or Third Party Directory is at your own risk.Some of the Directory made available through the Directory and Third Party Directory may be subject to additional third party terms of Directory, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation. It is your responsibility to familiarise yourself with any such applicable third party terms.

10)INDEMNITY
You agree to indemnify, defend, and hold harmless ANTSS, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “ANTSS Entities”) from  and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs)  arising out of or relating to: (i) your access to or use of the Directory, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or Directory purchased or obtained by you in connection with the Directory, (v) your products or Directory, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. ANTSS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of ANTSS. ANTSS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11)DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE ANTSS ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS IN AUSTRALIA. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE Directory, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

a)THE Directory AND Directory CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE ANTSS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY  AS SUCH, YOUR USE OF THE Directory IS AT YOUR OWN DISCRETION AND RISK. THE ANTSS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE Directory, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE Directory CONTENT. ACCORDINGLY, THE ANTSS ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE Directory’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE Directory, Directory UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE Directory.

b)THE ANTSS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE Directory OR THAT OFFER GOODS OR Directory THROUGH THE Directory, OR THE Directory’S  ACCORDINGLY, THE ANTSS ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE Directory. YOUR PURCHASE AND USE OF THE Directory OFFERED BY THIRD PARTIES THROUGH THE Directory IS AT YOUR OWN DISCRETION AND RISK.

c)YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE Directory, RELATED Directory, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE Directory.

d)THE ANTSS ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE Directory OR THESE TERMS IS LIMITED TO THE GREATER OF

(i) THE AMOUNT PAID, IF ANY, BY YOU TO THE ANTSS ENTITIES IN CONNECTION WITH THE Directory IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR

(ii) $100.

e)THE ANTSS ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ANTSS ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY ANTSS BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

12)TERMINATION

a)You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Directory, and providing ANTSS with a notice of termination.

b)We may close your Account, suspend your ability to use certain portions of the Directory, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Directory for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Directory, Your Content, Directory Content, or any other related information.

c)In the event of any termination of these Terms, whether by you or us, Sections 1, 3,  5, 7–15 of the Terms of Directory will continue in full force and effect.

13)GENERAL TERMS

a)We reserve the right to modify, update, or discontinue the Directory at our sole discretion, at any time, for any or no reason, and without notice or liability.

b)Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

c)The Terms contain the entire agreement between you and us regarding the use of the Directory, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

d)Any failure on ANTSS’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by ANTSS.

e)If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

f)The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with ANTSS’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

g)You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and ANTSS as a result of these Terms or your use of the Directory.

h)The section titles in the Terms are for convenience only and have no legal or contractual effect.

ANTSS trading as a division of Westson a proprietary limited company registered in Australia. ABN 52001586394 incorporated and established since 1988. The Terms & Conditions are dated 18/12/2022.