Terms & Conditions

TERMS AND CONDITIONS

Introduction

QIKI, QIKICUISINES & GOGUIDE are the property of MIAMEDIA P/L

  1. These terms and conditions apply to the entire contents of the Website qiki.com.au
  2. Please read these terms and conditions carefully. By using this Website, you are deemed to accept these terms and conditions whether or not you choose to register an account with us. We reserve the right to amend these terms and conditions from time to time and recommend that you review them regularly.

Linking to Website

  1. You may create a link from your own website to the Website provided that you obtain our prior written consent and provided that you only do so on the basis that you link to, and do not replicate, the home page of this Website and you DO NOT:
    1. Create a frame or any other browser or border environment around this Website.
    2. In any way imply that we endorse any products or services other than our own.
    3. Misrepresent your relationship with us or present any other false information about us.
    4. Use any of our Content or trademarks without our express written permission.
    5. Link from a website that is not owned by you or,
    6. Display any content on your website that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  2. We expressly reserve the right to revoke any right we grant to you to link to our website should you breach any of these terms and conditions. By linking to the Website, you indemnify us for any losses, damages, liabilities, costs or expenses that we, or any of our group companies, may suffer or incur due to your breach of any of the terms set out in paragraph 4(a) above.

Copyright

  1. Unless otherwise stated, the parent company of QIKI is miamedia Pty/Ltd it owns the copyright and other intellectual property rights in all Content and expressly reserve all rights in the same. You may print and download extracts from this Website for your own non-commercial use provided that you do not modify any of the Content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright or trademark notification from such extracts.
  2. All other reproduction or use of extracts of Content is strictly prohibited. In particular, no part of the qikicuisines.com.au and goguide.com.au Websites may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Your Access and Use

  1. We endeavour to ensure that this Website is accessible 24 hours a day. However, we will not be liable for any losses, expenses, costs or liabilities that you, your business or any other person may suffer if this Website is unavailable at any time or for any period or your access to the Website is interrupted, restricted or delayed for any reason.
  2.  Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
  3.  Other than personally identifiable information which is covered under our Privacy Policy, any material or information that you transmit or post to this Website or e-mail to us (you’re Non-Personal Information?) will be considered non-confidential and non-proprietary. We will have no obligation to you with respect to your Non-Personal Information. By sending such non-Personal Information to us you agree that we are free to copy, disclose, distribute, incorporate and otherwise use all Non-Personal Information for any and all commercial or non-commercial purposes.
  4. By using this Website, you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material:
    1. That is threatening, defamatory, obscene, indecent, offensive, discriminatory, inflammatory, blasphemous, criminal, in breach of confidence or privacy or a third party’s rights or which may otherwise cause annoyance or inconvenience or
    2. Which is technically harmful including, without limitation, containing computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
  5. If you breach any of the terms of these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website that you have within your possession or control.
  6. We miamedia Pty/Ltd will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone posting any material in breach of paragraph 3(d) above.

Disclaimer

  1. You must satisfy yourself of the accuracy of all content. While we endeavour to ensure that the Content is correct and up to date, it is provided “as is” and we give no representation, warranty or guarantee as to its accuracy, completeness or adequacy. Accordingly, to the maximum extent permitted by law, we exclude all express and implied warranties, representations and conditions with respect to the Content.
  2. The qiki.com.au Website may from time to time contain links to third party websites which we provide solely for your convenience. We have no control over, and make no endorsement of, the content or availability of these third-party websites and you use and rely on the same at your own risk.
  3. You acknowledge and agree that any reliance you place on the Content and the content of any linked third-party sites is at your own risk. To the maximum extent permitted by law, we (and our group companies) exclude all liability for any direct or indirect losses, loss of profits or other consequential loss, damages, costs, expenses or liabilities that you may suffer or incur arising from your use of this Website and/or reliance on any Content.

Licence Holder Obligations

When applying for a QIKI Licence you commit to the terms and conditions of miamedia, you are required to supply all images and content that is requested by QIKI for the development of completing its services to you by way of adding extra services and or products, your licence term will automatically reoccur annually from that date of application acceptance.

Termination of Licence

This licence may be terminated in the following ways:
At any time the business and QIKI agree;
By miamedia p/l without notice if:
the business (being an individual) is declared bankrupt; or any action is taken in relation to the Licence holder which, if the Licence holder is a corporation, reasonably indicates its insolvency. action is commenced for “BUSINESS PTY/LTD” to be wound up or placed in liquidation) or if the Licence holder is a person then similar events occur which indicate bankruptcy.
QIKI may without notice terminate this Licence and all its obligations to a Licence holder if the Licence holder fails to comply with any of its obligations to QIKI including, without limitation, the Licence holder obligations to:
Make any payment to QIKI in cleared funds by the due date for payment. And if applicable, maintain sufficient funds as required by the Licence.
From termination QIKI ceases to have any obligation to supply services to the Licence holder. Survives termination by QIKI.

Liability and Indemnity

The Licence holder indemnifies QIKI against any successful claim by any third party against MIAMEDIA PTY/LTD in respect of any matter arising from the operation, use, transfer of data or money to and from QIKI by the Licence holder.

By lodging material including electronic material or data for publication or authorising or approving the publication of any material with QIKI, the Licence holder indemnifies QIKI and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and, Without limiting the generality of the above, Licence holder and or advertising agencies indemnify QIKI and its directors, employees and agents against any claims arising from

  • Defamation, libel, slander of title
  • Infringement of copyright
  • Infringement of trademarks or names of publication titles
  • Unfair competition
  • Breach of trade practices, privacy or fair-trading legislation and
  • Violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.

Licence holder indemnity

The Licence holder indemnifies QIKI and its parent company MIAMEDIA PTY/LTD for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.

Pricing

All prices throughout the QIKI site are inclusive of GST (Goods and Services Taxes)
Quotes and Deal credits will expire in 6 months if not used
All pricing is subject to review from time-to-time eg, CPI (Consumer Price Index)
No increases for contracts, they remain at contracted price until contract term has ended.

No Licence holder assignment

The Licence holder may not assign its rights or obligations under any agreement with QIKI without the prior written consent of QIKI.

Term of Licence

The Licence begins on the date the approved and authorised order form, commercial Payment Card Industry (PCI) application, verbal agreement with a sales person or equivalent contract is received by QIKI
The Licence holder will continue for the period set out in the order form or equivalent Licence holder and will continue automatically for successive follow-on terms unless and until it is terminated in accordance with the refunds & termination policy.

Governing Law

These terms and conditions and your use of the Website will be governed by and construed in accordance with Australian law, and you agree that any disputes arising in connection with the same will be subject to the exclusive jurisdiction of the Australian courtship

Servicing Suburbs

When becoming a member or being a current Licence holder of the QIKI website and if you are eligible to have servicing suburbs and you elect to purchase servicing suburb radius on the advertise with us page or your management sign in page, you must be a go to business and be able to carry out or supply your services in any of the suburbs selected in the radius you have chosen. Whilst ordering the listing appears.

Physical Locations

When becoming a Licence holder or being a current Licence holder of the QIKI website and you elect to name a physical location as your address or you purchase extra physical locations from the advertise with us page or your management sign in page, you must be the occupier of the chosen locations. Whilst ordering the listing appears.

Cookies

Cookies are data that a Web site transfers to an individual’s hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most Web sites, including those operated by us, can facilitate a user’s ongoing access to and use of a site. They allow us to customise the web site to your needs. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with some features of our on-line services.

Review Guidelines

All reviews and comments are screened by our team of moderators who work around the clock. We publish, reject, edit and remove reviews and comments at our discretion. Goguide.com.au and qikicuisines.com.au accept reviews and comments which appear to be legitimate, honest and based on first-hand experiences with businesses. goguide and their Licence holders can reject reviews and comments if they:

  • Contain swear words.
  • Contain offensive or derogatory material (including anything racist, sexist or homophobic).
  • Falsely or unjustly damage someone’s reputation.
  • Contain allegations of medical malpractice.
  • Contain allegations of illegal activity.
  • Contain allegations of food poisoning.
  • Do not appear to be based on a genuine experience.
  • Are written by a business owner about a competitor.
  • Are based on rumour or second-hand info.
  • Include details of a current court case.
  • Our decision to reject a review or comment is final and no further correspondence will be entered into.

Customer Website

Customer agrees that QIKI is not responsible for any aspect of Websites owned or operated by Licence holder or any third party. Customer grants Publisher permission to mirror their websites and/or create Websites on Customer’s behalf. Customer acknowledges that changes to Customer’s Websites can cause problems to Publisher’s tracking technologies, therefore, Customer agrees to contact Publisher in advance regarding changes to Customer’s Website, Website content, or Website URL.

Customer Campaign Content and Intellectual Property Rights

All tangible and intangible works of any kind (including, without limitation, text, graphics, images, illustrations, artwork, maps, photographs, fonts, visual and audio recordings, websites, software, codes, HTML and other content, in whatever form or media) designed, developed, created or procured by Publisher in connection with any Campaign or the Online Display Services will be the sole and exclusive property of Publisher, except for:

  1. “Customer Content” which means all content that Customer provides to Publisher (including, without limitation, listing information, any trade name, trademark, trade secret, service mark, copyright, patent or other intellectual property right, any URL or domain name, any content contained on any website referenced to or linked to by any Campaign, and any required disclosure, explanation, rule, term or condition of use related to any Campaign).
  2. any content that Publisher licenses from a third-party content provider for use in connection with such Campaign or the Online Display Service, including, without limitation, graphics, text and photographs (collectively, “Third Party Content”). The use of all Third-Party Content will be subject to all restrictions and obligations imposed by the third-party provider of such content (“Third Party Restrictions”). By submitting Customer Content to Publisher, Customer agrees that it is authorised to provide, and that it grants Publisher permission, to display all such Customer Content forming Customer’s Campaign’s banners. Customer agrees that it is solely responsible for ensuring that the Campaign’s banners comply with all applicable laws, regulations, codes of practice, guidelines and other standards applicable to Customer and its business and all specifications, schedules, guidelines, procedures, deadlines, format and technical requirements as Publisher may establish from time to time (collectively, “Publisher Schedules”). Customer acknowledges that Customer’s failure to comply with any Publisher Schedule may cause publication of the Campaign or performance of Online Display Services to be delayed or refused and Customer agrees that Publisher will have no liability for any such delay or refusal. If Publisher determines, in the exercise of its sole discretion, that Customer has violated Customer’s obligation to comply with any Publisher Schedule, then Publisher may temporarily and/or permanently suspend its provision of any Campaign, in whole or in part, without prior notice. Customer assumes sole responsibility for:
    1. the protection of the trade names, trademarks, trade secrets, service marks, copyrights, patents and other intellectual property rights in any Customer Content appearing in a Campaign.
    2. conducting any copyright and trademark searches and other similar activities which may be necessary in relation to any domain name contained in any Customer Content (including, without limitation, those that Publisher may register for Customer).
    3. including appropriate copyright and trademark notices with Customer Content. Customer agrees that Publisher will have the continuing right, in the exercise of its sole discretion, to review, select from or among, revise or reject any Customer Content for any reason, including, but not limited to, unsatisfactory technical quality, inconsistency with any of the Online Display Publisher Policies, or non-compliance with the Agreement. Notwithstanding such right, Publisher will have no liability whatsoever to Customer or any third party for any Customer Content included in any Campaign and Customer shall be solely and exclusively liable, therefore. Customer hereby grants to Publisher a perpetual, royalty-free, sub-licensable, non-exclusive right and license to use, copy, record, modify, display, publish, perform, prepare derivate works based on and distribute (for Publisher’s sole benefit and in any form or media now known or hereafter developed, and in any and all languages) Customer Content:
      • in connection with the design, development, creation, display and publication of the Campaign (or any derivative thereof)
      • in connection with Publisher’s provision of Online Display Services; and
      • in any Publisher marketing or promotional materials. Without limiting the generality of the foregoing, Publisher shall have the right
      • to sub-license to third parties any or all of the rights afforded to Publisher in the preceding sentence and
      • to license to third parties the right to use, copy, record, modify, display, publish, perform and distribute the Campaign (and any portions thereof) in any form or media now known or hereafter developed, subject to any Third-Party Restrictions governing any Third-Party Content contained in the Campaign and such other terms and conditions as Publisher may deem appropriate. Publisher and its third-party sub-licensees may use any presently existing and future means of communication or transmission in the exercise of any of the rights and licenses granted above.

Banner Terms and Conditions

  1. Product Summary. The Banner Product allows Customers to take advantage of valuable advertising space on mobile devices. There are 2 types of Banner Products that can be purchased:
    • Category Banners: These will be associated with the category the user searched (e.g., a restaurant banner will appear when the user searches for restaurants in their area). These will be sold per heading, per market.
    • Site Banners: These will appear in open inventory spots throughout the mobile application and are available per market.
  2. Product Market. The Banner Product is available for up to 4 local Customers in each market, depending on heading. The market for the local Category or Site Banner Product is determined principally by reference to the geographic scope of qiki.com.au and qikicuisines.com.au. As between the Category and Site Banner, Category Banners, when available, will display first with Category Banner Customers rotating so as to have an equal chance of being first over time. Site Banners will appear only if there are no Category Banners sold into that heading and market. Product Detail-Variants. The Category Banner Product covers only the specified Category Banner business heading and common synonyms and other variants of that business heading, as determined by Publisher. Example: In the case of the Category Banner Product for the “Insurance-Automobile” business heading for the Sydney goguide directory, if a user searches for “car insurance” in “Melbourne”, the Category Banner client should appear, in rotation of share purchase percentage rate, in the featured display location within the search results.
  3. Product Detail – Additional Search Terms. A Category Banner will not necessarily be returned when a user includes another search term in combination with the Category Banner Product business heading. Example: In the case of the Category Banner Product purchased in the “Insurance-Automobile” heading, if a user searches “Renters Insurance” the Customer’s Category Banner will not appear in rotation. If no Category Banners have been sold in an associated heading to “Renters Insurance” a Site or other banner will appear in the featured display location.
  4. Product Detail – Overlapping Markets. In some cases, there will be some overlap of the geographic scope of Goguide.com.au and qikicuisines.com.au. When a user searches a location which is in the overlapping area, the Category Banner clients for each of the overlapping directories will be a “best match”. In that event, one of the Category Banner Customers in the overlapping directory markets will be randomly selected for display. The expectation is that all “best matches,” i.e., all Category Banner clients in the overlapping markets, will have an equal chance of being displayed in the featured display positions over time
  5. Mobile Devices. The Banner Product will be displayed on Android™, iPhone®, Windows® Phone 7, and mobile web. The Banner Product will not be displayed on certain other devices. Publisher shall not be liable for any default or delay in performance of any of its obligations under this agreement if such default or delay is caused by the failure of certain mobile devices to display the Banner Product or failure of service of a mobile device. Publisher does not guarantee availability of mobile device service or access to the network. iPhone is a trademark of Apple Inc., registered in the U.S. and other countries. Android is a trademark of Google Inc. Use of this trademark is subject to Google permissions. Windows is a registered trademark of Microsoft Corporation in the United States and/or other countries.

qiki.com.au, qikicuisines.com.au and goguide.com.au is a wholly owned subsidiary of MIAMEDIA Pty/Ltd