Terms & Conditions

These terms and conditions sets forth the terms and conditions under which Directory Group t/as MyBigDay Australia of PO Box 2240, Taren Point, NSW Australia 2229 (Directory Group Pty Ltd, we, or us) provides you access to our digital directory, business information, giveaways, and governs your use of our website located at www.mybigday.com.au (the Site), and the MyBigDay platform made available through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service).

By using the MyBigDay platform and submitting an application, you (the “Business”) agree to be bound by these Terms and Conditions (“Terms”), which govern the relationship between MyBigDay and you. MyBigDay reserves the right to modify these Terms at any time without prior notice. Your continued use of the platform constitutes acceptance of any modifications to these Terms.

YOUR USE OF THE SITE AND/OR THE SERVICE, OR THE PURCHASE OF ONE OF OUR MEMBERSHIPS, SIGNIFIES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS THEM, INCLUDING ANY MODIFICATIONS THAT Directory Group t/as BIG DAY AUSTRALIA MAKES FROM TIME TO TIME.

If you do not agree to these terms and conditions, you may not use the Site or the Service. 

  1. Registration and Application Process

To register your Business on MyBigDay, you must complete the application form and provide accurate, complete, and up-to-date information about your Business. You represent and warrant that all information provided is true, accurate, and not misleading in any way. MyBigDay reserves the right to approve or disapprove any Business application at its sole discretion, without obligation to provide reasons for its decision. MyBigDay also reserves the right to request additional information or clarification from the Business during the application process.

2. Business Information and Content

By submitting content, including but not limited to logo, pictures, services, bio, and other information (“Content”) to MyBigDay, you grant MyBigDay a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, distribute, display, and perform the Content in connection with the MyBigDay platform. You represent and warrant that you have all necessary rights, licenses, and permissions to grant the above license and that the Content does not and will not infringe any intellectual property or other rights of any third party.

3. Conduct and Compliance

Businesses agree to conduct themselves in a professional and ethical manner while using the MyBigDay platform. Businesses shall comply with all applicable laws, regulations, and industry standards in their jurisdiction. MyBigDay reserves the right to investigate and take appropriate action, including legal action, against any Business that violates these Terms or engages in any activity that MyBigDay deems harmful or potentially harmful to the platform or its users.

4. Limitation of Liability

To the maximum extent permitted by law, MyBigDay shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the platform.

5. Indemnification

You agree to indemnify, defend, and hold harmless MyBigDay and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees, arising out of or relating to your use of the platform, your Content, or your breach of these Terms.

6. Termination

MyBigDay reserves the right, at its sole discretion, to terminate your access to the platform and remove your Business profile without prior notice if you breach these Terms or engage in conduct that MyBigDay deems harmful or potentially harmful to the platform or its users.

7. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which MyBigDay operates. You agree to submit to the exclusive jurisdiction of the courts located within that jurisdiction for any disputes arising out of or relating to these Terms or your use of the platform.

8. Severability

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

9. Entire Agreement

These terms constitute the entire agreement between you and MyBigDay concerning your use of the platform and supersede any prior agreements, understandings, or representations, whether oral or written, between you and MyBigDay.

10. No Waiver

No waiver of any term or condition in these Terms by MyBigDay shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by MyBigDay to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

11. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of MyBigDay. MyBigDay may assign or transfer its rights and obligations under these Terms without restriction.

12. Notices

All notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by email, or mailed by certified or registered mail, postage prepaid, return receipt requested, to the respective addresses of the parties as set forth in the application form or such other address as either party may designate by notice to the other in accordance with this section.

13. Force Majeure

Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, or disruptions in telecommunications or transportation networks.

14. Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between MyBigDay and the Business. Each party is an independent contractor and neither party has the authority to bind the other in any respect. By using the MyBigDay platform and submitting an application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

15. User Interactions and Disputes

Businesses are solely responsible for their interactions with MyBigDay platform users. MyBigDay is not responsible for any disputes, agreements, or transactions between users and Businesses. Businesses agree to resolve any disputes directly with the concerned user and not involve MyBigDay in such disputes.

16. Third-Party Links and Services

The MyBigDay platform may contain links to third-party websites, products, or services, which are not owned or controlled by MyBigDay. Businesses acknowledge and agree that MyBigDay is not responsible for the content, availability, or practices of such third-party websites or services. By using the platform, Businesses expressly release MyBigDay from any liability arising from their use of any third-party website or service.

17. Intellectual Property Rights

All intellectual property rights in the MyBigDay platform, including but not limited to copyrights, trademarks, and trade secrets, are owned by MyBigDay or its licensors. Businesses may not copy, modify, reproduce, distribute, or create derivative works from the platform or its content without the express written permission of MyBigDay.

18. Confidentiality

Businesses agree to maintain the confidentiality of any non-public information they obtain through their use of the MyBigDay platform, including but not limited to user contact information and the terms of any agreements or transactions between users and Businesses. Businesses shall not use or disclose such confidential information for any purpose other than in connection with their use of the platform or as required by law.

19. Privacy Policy

Businesses agree to comply with MyBigDay’s Privacy Policy, as amended from time to time, which is incorporated by reference into these Terms. The Privacy Policy sets forth MyBigDay’s practices and procedures with respect to the collection, use, and disclosure of personal information provided by users and Businesses.

20. Advertisements and Promotions

MyBigDay may display advertisements and promotions on the platform. Businesses agree that MyBigDay has the right to display such advertisements and promotions in its sole discretion, and that the manner, timing, and extent of such advertisements and promotions are subject to change without notice. Businesses shall not be entitled to any compensation or reimbursement for the display of advertisements or promotions on the platform.

21. Feedback and Suggestions

Businesses may submit feedback, suggestions, or ideas about the MyBigDay platform (“Feedback”) to MyBigDay. By submitting Feedback, Businesses grant MyBigDay a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, distribute, display, and perform the Feedback for any purpose, without any obligation to compensate the Business for such Feedback.

22. Modifications to the Platform

MyBigDay reserves the right, at its sole discretion, to modify, discontinue, or temporarily suspend any aspect of the platform without prior notice. Businesses agree that MyBigDay shall not be liable for any modification, discontinuation, or suspension of the platform or any part thereof.

23. No Endorsement

The inclusion of a Business on the MyBigDay platform does not imply endorsement, approval, or recommendation of the Business or its services by MyBigDay. Businesses are solely responsible for the accuracy, legality, and appropriateness of the Content they provide and the services they offer.

24. Access and Use of Online Media and Information

By applying to and being approved by MyBigDay, Businesses grant MyBigDay the right to access and use their social media profiles, websites, and other online tools, platforms, or resources (collectively, “Online Media”) to build their business profiles on the MyBigDay platform. This includes, but is not limited to, retrieving, displaying, copying, and sharing images, videos, text, logos, reviews, testimonials, and other content or information found on the Business’s Online Media.

25. Grant of License

Businesses hereby grant MyBigDay a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to access, use, reproduce, modify, distribute, display, perform, and create derivative works from any content or information available on their Online Media for the purpose of creating and maintaining their business profiles on the MyBigDay platform. This license extends to any updates, modifications, or changes made to the Business’s Online Media during their relationship with MyBigDay.

26. Representation and Warranty

Businesses represent and warrant that they have all necessary rights, licenses, and permissions to grant MyBigDay the above license and that the content and information on their Online Media does not and will not infringe any intellectual property or other rights of any third party.

27. Cooperation and Assistance

Businesses agree to cooperate with MyBigDay and provide any necessary assistance, including granting any required permissions, access, or authorizations, to enable MyBigDay to access and use their Online Media for the purpose of building and maintaining their business profiles on the platform.

28. Limitation of Liability for Online Media Content

MyBigDay is not responsible for the accuracy, legality, or appropriateness of any content or information obtained from the Business’s Online Media. Businesses are solely responsible for ensuring that any content or information on their Online Media is accurate, up-to-date, and complies with all applicable laws and regulations.

29. Removal or Modification of Online Media Content

MyBigDay reserves the right, at its sole discretion, to remove or modify any content or information obtained from the Business’s Online Media that it deems inappropriate, offensive, or in violation of these Terms or applicable laws and regulations. Businesses agree that MyBigDay shall not be liable for any removal or modification of content or information obtained from their Online Media.

30. Indemnification for Online Media Content

Businesses agree to indemnify, defend, and hold harmless MyBigDay and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees, arising out of or relating to MyBigDay’s access or use of their Online Media or any content or information obtained therefrom, or any breach of these Terms by the Business.

31. Termination of License

Upon termination of the Business’s relationship with MyBigDay, the license granted in Section 26 shall automatically terminate. However, MyBigDay shall have the right to retain and continue using any content or information obtained from the Business’s Online Media prior to termination, subject to the terms and conditions of these Terms.

32. Notice of Changes to Online Media

Businesses agree to notify MyBigDay promptly of any significant changes to their Online Media, including changes to their social media accounts, websites, or other platforms that may affect MyBigDay’s ability to access, use, or display content or information for their business profiles on the platform. MyBigDay reserves the right to update or modify the Business’s profile on the platform to reflect such changes.

33. Disclaimer of Warranties

MyBigDay provides the platform on an “as-is” and “as-available” basis, without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, MyBigDay disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. MyBigDay does not warrant that the platform will be error-free, uninterrupted, secure, or available at all times, or that any defects will be corrected.

34. Marketing and Promotional Materials

Businesses agree that MyBigDay may use their business name, logo, images, or other content provided by the Business or obtained from the Business’s Online Media in marketing and promotional materials related to the MyBigDay platform. Businesses grant MyBigDay a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, distribute, display, and perform such content for marketing and promotional purposes.

35. Platform Availability and Maintenance

MyBigDay reserves the right, at its sole discretion, to limit, suspend, or discontinue the platform or any part thereof, for maintenance, upgrades, security updates, or other purposes, without prior notice. Businesses acknowledge and agree that MyBigDay shall not be liable for any loss or damage resulting from such limitations, suspensions, or discontinuations of the platform.

36. No Third-Party Beneficiaries

These Terms are for the benefit of MyBigDay and the Business only, and are not intended to benefit any third party or be enforceable by any third party. The exercise of the parties’ rights under these Terms is not subject to the consent of any third party.

37. Monitoring and Enforcement

MyBigDay reserves the right, but is not obligated, to monitor the use of the platform and to investigate and take appropriate action against any Business that it believes is violating these Terms or engaging in any activity that MyBigDay deems harmful or potentially harmful to the platform or its users. Such actions may include, but are not limited to, removing or modifying content, suspending or terminating access to the platform, and reporting violations to law enforcement authorities.

38. No Guarantee of Results or Success

MyBigDay does not guarantee any specific results or success for Businesses using the platform. Businesses acknowledge and agree that their success on the platform depends on various factors, including the quality of their services, their reputation, and their responsiveness to user inquiries.

39. Survival

Any provisions of these Terms that by their nature should survive termination, including but not limited to, Sections 6 (Indemnification), 25-33 (Access and Use of Online Media and Information), and 35 (Marketing and Promotional Materials), shall survive the termination of the Business’s relationship with MyBigDay and continue to be binding upon the parties.

40. Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

41. Interpretation

In the event of any conflict or inconsistency between these Terms and any other agreement or understanding between MyBigDay and the Business, these Terms shall prevail and control, unless expressly agreed otherwise in writing by MyBigDay.

42. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and the remaining provisions shall continue in full force and effect.

43. Compliance with Laws

Businesses agree to comply with all applicable laws, regulations, and rules in connection with their use of the MyBigDay platform and their provision of services to users. Businesses are responsible for obtaining any necessary permits, licenses, or authorizations required for their services and for ensuring that their services do not violate any laws or regulations.

44. Currency and Taxes

All amounts and fees mentioned in these Terms and on the MyBigDay platform are in Australian Dollars (AUD), unless otherwise specified. Businesses are responsible for any and all taxes, duties, or other governmental charges that may be applicable to their services or transactions with users, and for collecting and remitting such taxes, duties, or charges as required by law.

45. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in [County], [State], and the parties hereby consent to the personal jurisdiction and venue of such courts.

46. Injunctive Relief

Businesses acknowledge and agree that a breach or threatened breach of these Terms may cause irreparable harm to MyBigDay, for which monetary damages would not be an adequate remedy, and that in such event, MyBigDay shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity.

47. Limitation on Time to File Claims

Any claim or cause of action arising out of or related to the use of the MyBigDay platform or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, regardless of any statute or law to the contrary.

48. Electronic Communications

By using the MyBigDay platform, Businesses consent to receive communications from MyBigDay electronically, including but not limited to email and in-platform messages. Businesses agree that all agreements, notices, disclosures, and other communications provided by MyBigDay electronically satisfy any legal requirement that such communications be in writing.

49. Amendments

MyBigDay reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, MyBigDay will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at MyBigDay’s sole discretion. By continuing to access or use the platform after any revisions become effective, Businesses agree to be bound by the revised Terms. If Businesses do not agree to the new Terms, they must discontinue the use of the platform.