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Trading Post Community Website Terms of Use

These terms apply to your use of the Trading Post Community website (Website) which is operated by Sensis Pty Ltd (ABN 30 007 423 912) (us or we), whether or not you become a registered user of the Website. You are deemed to accept these terms each time you use the Website. Therefore, it is important that you read these terms carefully. If you do not agree to these terms you must immediately stop using the Website.

We may change these terms at any time, and you agree to be bound by such changes. Therefore, it is important that you check these terms each time you use the Website.

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General

By using the Website for any purpose, you agree to be bound by the following general terms:

1. Your use
   1. You must not:
      1. send automated queries of any kind to this Website or frame or mirror the Website without prior written approval from us;
      2. data mine this Website;
      3. tamper with, hinder the operation of, or make unauthorised modifications to the Website or any content on the Website;
      4. knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the Website; or
      5. attempt to do, or permit another person to do, any of the above acts.
2. Information on and access to the Website
   1. We may add to, remove or vary any information on the Website at any time.
   2. Information on the Website is provided as is and we do not warrant or represent that it is complete, current or free from errors or omissions.
   3. We do not warrant or represent that products or services advertised or displayed on the Website will be suitable for any particular purpose. You must investigate for yourself the suitability, quality and condition of any product or service advertised on the Website and it is your responsibility to verify any information on the Website before relying on it.
   4. Availability and access to the Website may be interfered with by numerous factors, including those outside our control. Accordingly, we do not warrant or represent that your access to the Website will be continuous, uninterrupted, timely, fault free, virus free or secure.
3. Third Party Links
   
   You may be able to access other which are not maintained or controlled by us or our related entities (third party sites) websites by clicking onto links on this Website. Third party sites are not part of the Website and we do not endorse, and accept no liability in respect of, their use or content. These links are provided by us solely for your convenience.
   
   
4. Intellectual Property in this Website
   1. Unless otherwise indicated, we own, or use under licence, copyright in the contents and design of this Website. Except as set out in these terms, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, you must not reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of this Website. In particular, you must not reproduce or use any part of the Website for commercial purposes or for commercial gain.
   2. You may view the content of this Website on your Internet browser and also download or print copies of the content of this Website:
      1. for your personal use only; and
      2. provided that you do not remove or modify any copyright notices.
   3. All trade marks, logos, images, product and company names referred to in this Website are the property of their respective owners. Your use of this Website does not create a licence or any other rights with respect to the trade marks, copyright, or any other intellectual property or proprietary rights in or on this Website.
5. Your liability
   1. You are liable to us and our related entities (including Telstra Corporation Limited (ABN 33 051 775 556) (Telstra)) if you breach these terms or act negligently under the principles applied by the courts. You are not liable for any loss we suffer to the extent the loss is caused by us through our negligence or breach of these terms.
   2. You agree to indemnify us and our officers, employees, agents and related entities (including Telstra), against all claims, demands, damages, costs, penalties and liabilities caused by your breach of these terms.
6. Our liability
   1. The terms that apply to your use of the Website are these terms and those implied by consumer protection laws to the supply of the Website that cannot be excluded. No other terms apply. We accept our liability to you for breach of contract or negligence, under the principles applied by the courts, except as set out below.
   2. We and our related entities (including Telstra) exclude all liability to you in respect of the Website if you use it in breach of these terms. If that liability cannot be excluded, but can be limited under any legislation, our liability and the liability of our related entities (including Telstra) is limited, where applicable, to resupplying the services (or the cost of resupplying the services).
   3. We and our related entities (including Telstra) are not liable to you for:
      1. any loss to the extent that it is caused by you, for example, through your negligence; or
      2. any loss caused by our failure to comply with our obligations, where that failure is caused by events outside our reasonable control.
7. Privacy
   
   The terms on which we collect, use and disclose your personal information are set out in our Privacy Policy (available at http://about.sensis.com.au/legal/privacy.php).
   
   
8. Governing Law
   
   These terms (and your dealings with us) are subject to the laws of Victoria, Australia.
   
   

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Discussion forums and blogs

By participating in any of the forums or blogs (Forums) available on the Website, you agree to be bound by the following terms in addition to the general terms above.

1. Registered users
   1. If you want to participate in the Forums you must become a Registered User by registering an account through the Website.
   2. You agree to provide true, accurate, current and complete information about yourself as requested in the registration form, and to update this information if and when it changes.
   3. You are solely responsible for maintaining the confidentiality of your password and account details. You must immediately notify us if you become aware that your password has been compromised or is known by any third party, or if you become aware of any unauthorised use of your account.
   4. You may terminate your account at any time by providing notice to us.
   5. You acknowledge that we may, at our discretion and without prior notice, terminate your account for any reason, including, without limitation, if we believe that you have breached any of these terms.
2. Your use
   1. You must not use the Forums, including posting any material such as commentary, photographs or videos (Posts), in any way which:
      1. results in you or us breaching, or being involved in a breach of, a law, order or regulation, or any mandatory code of conduct;
      2. results, or could result, in damage to property or injury to any person, including by harassing or stalking people;
      3. enables a minor to access inappropriate material or to establish (or try to establish) contact with a minor not otherwise known to you;
      4. unlawfully incites discrimination, hate or violence towards one person or group;
      5. makes available, displays or distributes:
         1. material which is obscene, confidential, defamatory, pornographic or is, in our opinion, offensive or otherwise inappropriate; or
         2. commercial messages or advertising material;
      6. engages in any misleading or deceptive business or marketing practice;
      7. has an adverse effect on the proper operation of the Website;
      8. restricts or inhibits any other user from using and enjoying the Website; or
      9. infringes our or any other person¡¯s rights (including intellectual property rights and moral rights).
3. Posts
   1. You acknowledge that we are under no obligation to publish the Posts on the Website.
   2. You warrant that:
      1. any views, comments and opinions expressed in Posts are based on reasonable grounds and are genuinely and honestly held by you;
      2. the Posts are factually correct;
      3. the Posts do not contain any programming bugs or computer viruses that will damage, detrimentally interfere with or surreptitiously intercept or expropriate any system, data or personal information;
      4. the Posts do not contain any information that personally identifies a third party, such as actual names, phone numbers, mailing addresses or email addresses, or if they do contain such information, you have obtained the consent of the third party to use this information in the Posts;
      5. any image of a person contained in a photograph, video or other pictorial representation in the Posts is an image of you, or if it is an image of a third party, you have obtained the consent of the third party to the use of the photograph, video or other pictorial representation on the Website;
      6. you own any copyright in any photograph, video or other material contained in the Posts or, if you are not the copyright owner, you have obtained the consent of the copyright owner to the use of the copyright material on the Website;
      7. the Posts comply with these terms, including that they are not offensive, defamatory, obscene, confidential or otherwise inappropriate; and
      8. the Posts do not breach any laws or infringe any rights of third parties (including intellectual property rights), and comply with any applicable requirements of third parties regarding the use of material contained in the Post (such as a requirement to attribute source or authorship, or a requirement to include a link to a third party website).
   3. You hereby assign all intellectual property rights in the Posts to us, and agree that we have an unfettered right to use in any way we see fit any copyright or other rights subsisting in the Posts. In addition, you also warrant that you have procured any necessary moral rights consents from authors of work you submit as part of the Posts.
   4. Without limiting clause 3.3, you agree that we may:
      1. use and publish the Posts on the Website, at any time;
      2. in our discretion, alter the format, content or nature of the Posts; and
      3. withdraw the Posts from the Website or alter the Posts (including altering their position on a page) for any reason without notice to you, including if:
         1. we consider that the Posts breach these terms; or
         2. we are instructed to do so by Telstra or any other third party.
   5. You must notify us if you no longer hold the views, comments or opinions expressed in the Posts or if you do not agree with the changes made by us in accordance with clauses 3.4(b) and 3.4(c) so that we may remove the Posts in whole or in part (as applicable) from the Website.
   6. You agree that we may access our records and systems and/or contact you for the purposes of verifying or clarifying the Posts. You agree to provide such additional information as we reasonably require.
   7. You agree that we may investigate your use of the Website in order to determine whether a violation of these terms has occurred, or to comply with any applicable legal or regulatory requirement or direction.
   8. You acknowledge that we are not responsible for the actions of third parties who may breach security of the web server or otherwise access the Posts.
4. No liability for Posts
   1. We are not liable for and accept no responsibility for, any content posted on the Website, including the quality, accuracy, completeness, currency or suitability of the content.
   2. You acknowledge that if you make Posts to the Website, you do so at your own risk.