Terms and Conditions of A LIST Guide in Australia
Disclaimer – Website Usage Policy
Food and Beverage Media Pty Ltd makes available information, materials, and products on this website, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice
Food and Beverage Media Pty Ltd reserves the right to change these terms and conditions from time to time at its sole discretion.
The information on this website is protected by copyright: Copyright 2012 Food and Beverage Media Pty Ltd. All rights reserved.
Except as specifically intended herein, no portion of the information on this website may be reproduced in any form or by any means without the prior written permission from A LIST Guide Pty Ltd.
Use of Website Information
Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute documents available on this website subject to the following conditions. The document may not be modified or altered in any way; Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and Food and Beverage Media Pty Ltd reserves the right to revoke such authorisation at any time, and any such use shall be discontinued immediately upon written notice from Food and Beverage Media Pty Ltd.
Documents specified above do not include the design or layout of this website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Warranties and Disclaimers
Except as expressly provided otherwise in an agreement between you and Food and Beverage Media Pty Ltd, all information, templates and software on this website are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Food and Beverage Media Pty Ltd assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this website.
References to venues, suppliers, activities, businesses, their services and products, are provided “as is” without warranty of any kind, either express or implied. In no event shall Food and Beverage Media Pty Ltd be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.
This website could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of this website. Food and Beverage Media Pty Ltd may make improvements and/or changes in the product(s) and/or the program(s) described in this website at any time.
Members, advertisers, subscribers and users who register on the website may submit reviews, votes, survey responses, comments, photography, artwork and other information about the establishments, venues, restaurants, bars, hotels, services, products, blogs and other content, commercial or otherwise, contained within the website. These submissions and written feedback is the property of Food and Beverage Media Pty Ltd and may be used by Food and Beverage Media Pty Ltd for any purpose whatsoever.
The website is only made available for lawful purposes. Users, members, advertisers and other parties connected, commercially or otherwise, to the website are prohibited from posting on or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law whatsoever.
The trademarks, logos and service marks (“Marks”) displayed on this website are the property of Food and Beverage Media Pty Ltd or other third parties. You are not permitted to use the Marks without the prior written consent of Food and Beverage Media Pty Ltd or such third party, which may own the Marks.
These Terms and Conditions and any disputes arising out of or related to the Food and Beverage Media Pty Ltd website shall be governed by, and construed and enforced in accordance with, the laws of the State of New South Wales, Australia, and International Copyright Law.
Food and Beverage Media Pty Ltd use the industry standard security protocol Secure Socket Layer (SSL) to encode sensitive information including credit card details. SSL works by creating a temporary shared key (a digital code book) that lets only the computers on either end of a transmission scramble and unscramble information.
Food and Beverage Media Pty Ltd uses a 128-bit encryption or higher, or 3D Secure (Verified by American Express, Visa and MasterCard SecureCode) to establish a secure browser session for the transmission of cardholder information to Westpac Banking Corporation via the internet.
If any information submitted is untrue, invalid, inaccurate, not current or incomplete, A LIST Guide Pty Ltd reserves the right to refuse any and all current or future use of the transactional facility.
Food and Beverage Media Pty Ltd accepts Visa, Mastercard, American Express, Diners Club and Bankcard payments.
Please note that, with the exception of credit card numbers, Food and Beverage Media Pty Ltd does not want to receive confidential or proprietary information from you through our website. Any non-personal information or material sent to Food and Beverage Media Pty Ltd will be deemed NOT to be confidential.
By sending Food and Beverage Media Pty Ltd any non-personal information or material, you grant Food and Beverage Media Pty Ltd an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Food and Beverage Media Pty Ltd is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
By subscribing to A LIST Guide eNews or Special Offers, you grant Food and Beverage Media Pty Ltd an unrestricted, irrevocable license to use, reproduce, circulate, share and distribute your subscriber information within our businesses.
However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Food and Beverage Media Pty Ltd aims to protect your personal information, such as your name and address.
All templates and documentation on this website are “Commercial Items”.
All Food and Beverage Media Pty Ltd products, services, information and publications are commercial in nature.
Online Transactions & Billing Information
All prices and payments are in Australian Dollars.
Food and Beverage Media Pty Ltd does not issue refunds for advertising, subscriptions, book sales or any other purchases whatsoever.
Overdue accounts will incur a penalty of 10% per month for each month the invoice is overdue.
Any failed attempts to obtain payment by credit card or direct debit will incur a dishonour charge of $2.50 incl. GST. This charge will occur on each occasion Food and Beverage Media Pty Ltd attempts to deduct funds from the payment details provided. Multiple failed attempts will result in multiple charges to the account holder. It is the responsibility of the advertiser to ensure that sufficient funds are available to process all transactions that form part of the agreement with Food and Beverage Media Pty Ltd.
Annual advertising and listing packages commence from the date of artwork approval. A LIST Guide advertising Account Usernames and Passwords will be issued at this point in time.
In the event a client wishes to cancel advertising during the initial minimum term of the agreement, this can be actioned by the provision of written notice and full and final settlement of the balance owing for the agreed minimum term. In the event a client wishes to cancel advertising after the agreed minimum term of the agreement, this can be actioned by the provision of written notice 90 days prior to the cancellation date. The date of receipt of any written notice of cancellation will be deemed the date of notice. Advertising charges will apply for the 90 day notification period during which the cancellation will be reviewed, approved and actioned by Food and Beverage Media Pty Ltd. For advertising clients who have elected to pay by monthly instalments, this translates to 3 monthly payments to be processed after the date of notice. These payments form the cancellation fee and are a genuine pre-estimate of the amount of the loss incurred due to the termination of any advertising.
Food and Beverage Media Pty Ltd may cancel, terminate or suspend any advertising agreement at any time and at the sole discretion of Food and Beverage Media Pty Ltd.
Next day by Australia Post.
1) The Promoter is described in Condition 8 of these terms and conditions of entry. Information on how to enter and redeem a prize comprises part of the terms and conditions of entry.
2) Entry is open to Australian residents who elect to enter their information in the fields required to submit an entry. Employees of the Promoter and members of their immediate families and agencies associated with this promotion and members of their immediate families are not eligible to enter. Entries are limited to one per person.
3) The prize, or any unused portion of the prize, is not transferable or exchangeable and is not redeemable for cash.
4) If the winner is under the age of 18 years the prize will be awarded to the winner’s parents or guardian.
5) The Promoter will collect your personal information to enable it to conduct the promotion and offer you the prize, if the entry is a chosen winner. All personal details of the entrants will be stored at the head office of the Promoter referred to in Condition 3. A request to access, update or correct any information should be directed to the head office.
6) By entering the competition, you accept that The Promoter or entity providing the prize to use your contact details to provide you with information and updates from the Promoter. You will automatically be subscribed to A LIST Guide and SpiceNews newsletters. You have the option to unsubscribe at your own discretion.
7) The Promoter and its employees, agents, and contractors shall not be liable for any loss, damage, action, claim, cost, expense, death or injury in respect of or arising from or incurred by the conduct of the promotion by the Promoter, the acceptance of the prize by the winner, the quality and standard of the prize or any matter whatsoever pertaining to the prize and the Promotion.
8) The Promoter is the Food and Beverage Media Pty Limited of 41 Bridge Rd, Glebe, NSW, 2037, AUSTRALIA. ABN 81 163 792 292
Updates to Terms and Conditions
Food and Beverage Media Pty Ltd reserves the right to add to, update, change or remove terms and conditions of business as set out on this web page. This includes changing advertising and subscription inclusions, pricing and other services provided by Food and Beverage Media Pty Ltd. The most up-to-date terms and conditions always apply and can be found at this web page.