BIGPOND TERMS OF USE

Welcome to the BigPond Website, which includes www.bigpond.com, www.sensis.com.au and other pages and websites under the BigPond branded header, that are owned and/or operated by Telstra Corporation Limited ("we", "our" or "us") and/or our licensors.

Your access to and use of the BigPond Website and the services available through the BigPond Website are subject to:

these terms;
the Copyright and Trade Mark Notice;
Our Privacy Statement;
the Acceptable Use Policy in Part A - General Terms for BigPond Services of the BigPond service section of Our Customer Terms; and
any other terms, conditions, notices or disclaimers displayed on individual pages of the BigPond Website,
("Terms of Use").

You must:

comply with the Terms of Use when using the BigPond Website;
use the BigPond Website only for personal, domestic or household use; and
not use the BigPond Website in a way that causes us loss or damage.

You may not send automated queries of any kind to the search engine on www.sensis.com.au without prior written approval from us nor may you data mine this site.

The Terms of Use and those terms implied by law that cannot be excluded by us apply to the provision of the BigPond Website. No other terms apply.

Changing the Terms of Use

We may change these Terms of Use at any time by publishing an updated version at the BigPond Website. Your continued use of the BigPond Website following any change will indicate your acceptance of the change. You must stop using the BigPond Website immediately if you do not agree to the Terms of Use.

Your content

You retain ownership of intellectual property rights in content that you submit, post, transmit or make available via the BigPond Website ("Your Content").

You grant to us, a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public Your Content in connection with the BigPond Website and for the reasonable purposes of our business (including marketing) and the right to sub-license these rights.

You warrant that you have the right to grant the above licence and that exercise of our licence rights will not, and Your Content does not, infringe the intellectual property rights of any person, is not defamatory and does not breach any law.

You waive in respect of Your Content, unconditionally and irrevocably, your rights of integrity and attribution of authorship and not to have authorship falsely attributed.

We may monitor or review Your Content but we are not obliged to do so. We may take remedial action in respect of any material that we reasonably consider is in breach of the Acceptable Use Policy.

Third party content

Much of the content provided via the BigPond Website (including via hyperlink) relates to third party products, services or information ("Third Party Content").

Third Party Content is not provided or endorsed by us. Your use of Third Party Content will be on the terms agreed between you and the relevant third party supplier.

Information about Third Party Content is not a recommendation or statement of opinion by us in relation to a particular product, service or third party provider and is not intended to be investment, financial product, legal, taxation or other advice by us. You must read all terms and conditions, make your own enquiries with the relevant supplier direct and, if necessary, consult an independent adviser, before relying on Third Party Content or entering into a transaction in relation to the Third Party Content.

We may receive fees and/or commissions from third parties for Third Party Content. You acknowledge and consent to us receiving the fees.

Nature of BigPond website

We will use reasonable care and skill in providing the BigPond Website. However, given the nature of telecommunications systems (including our reliance on systems and services that we do not own or control), we cannot promise that the BigPond Website will be continuously available or virus or fault free.

We do not represent or warrant that the content on the BigPond Website (including Third Party Content) is accurate, reliable, suitable, complete or of a particular quality.

Our liability to you

Except as set out under this section, we accept our liability to you for breach of contract or negligence under the principles applied by the courts.

As your service is provided to you for the purpose of personal, domestic or household use, we do not accept liability to you for losses that result from your use of the BigPond Website in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation and, to the extent permitted by the legislation, limit our liability to the resupply of the services, information or links and associated services (as the case may be). We are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract).

If we or you do not act in relation to a breach of the Terms of Use by the other, any rights to subsequently act are not waived.

Your liability to us

You are liable to us for breach of the Terms of Use or negligence under the principles applied by the courts. However, you are not liable to use for any loss to the extent that it is caused by us.

Indexing and search engine removal of sites

The indexes accessed by www.sensis.com.au are created through automatic web crawling techniques, with little or no human intervention. Due to the combination of human and automatic index creation and the ever changing nature of the web, we do not and cannot guarantee that your search results will be complete or accurate, or that the links associated with the indexed sites will be active at the time of your search.

We cannot and do not screen all sites included in the index. For these reasons, we do not assume any responsibility for the content of any site included in the index, and will not be responsible for any errors or omissions contained on www.sensis.com.au or any offensive or otherwise objectionable content contained on www.sensis.com.au.

We occasionally receive requests to remove links or newsgroup postings from the index. Although we reserve the right to address such requests on a case-by-case basis, our approach generally reflects the following principles:

due to the combination of index creation by humans and automatic indexing from crawling of web pages, we do not guarantee the screening of all information displayed in the search results.
in general, we believe that persons who make information available on the web or in newsgroups do so with the expectation that such information will be publicly and widely available and will be indexed by information location tools such as this search engine. We further believe that making newsgroup postings and links to publicly accessible web pages available at www.sensis.com.au is consistent with the common and customary expectations of those who make use of the web and Usenet communications media.
if access to a particular web site is restricted, we may remove the link to that site from the index at the site operator's request. If, however, the operator of the site does not take steps to prevent it, the automatic software used to create the index is likely to find it and index it again.

Adult content filter disclaimer

We apply Google SafeSearch filtering to www.sensis.com.au to remove inappropriate pornographic content from web search results. This filter is, by default, automatically switched on. No filter is 100% accurate or error-free, and neither Google nor we are responsible for content, including offensive content, in search results.

Whereis® map service

The Whereis® maps displayed on the BigPond Website have been generated by the Whereis® map server. For more information regarding the Whereis® mapping data source, quality, accuracy and terms and conditions of use of the Whereis® maps, visit the Whereis® Disclaimer.

General

These Terms of Use are governed by the law in force in the State of New South Wales, Australia.

If there is an inconsistency between these terms and any other terms, conditions, notices or disclaimers displayed on individual pages of the BigPond Website ("Other Terms") the Other Terms will apply to the extent of the inconsistency.

Specific disclaimer

Copyright Notice: BigPond News services include content from a variety of third party suppliers, including AAP, Reuters, Sportal and the Weather Company (the Copyright Owners). The text, photos, graphics, audio and video works are only for personal use anticipated by this service and the arrangements with the Copyright Owners (the Permitted Use) and must not, directly, or indirectly, be published, rewritten for broadcast, communication or publication or redistributed in any medium. Such copyright materials and works must not be stored in any electronic or other system except for the Permitted Use. No other party or any other person may hold the Copyright Owners liable for any delays, inaccuracies, errors or omissions in respect of such materials and works, the transmission or delivery of such materials and works or any loss or damage arising from any of the foregoing.