Registered Advertiser Agreement
ACCEPTANCE OF TERMS
If You do not agree to this Registered Advertiser Agreement, do not proceed with registration.
We reserve the right, at Our discretion, to update or revise this agreement by posting the new version on the Site at any time and without separate notice to You. You are responsible to review this Registered Advertiser Agreement periodically for any changes. Your continued use of this Site or the Service after We post any changes to this agreement constitutes Your agreement to those changes.
1. In consideration of Your registration as a Registered Advertiser We grant You access to the features of the Site requiring registration, subject to the terms of this agreement.
2. This agreement begins immediately upon Our acceptance and processing of Your registration and continues until terminated.
3. You must not:
• post or send any material, or do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any rights of others;
• cause annoyance, inconvenience or needless anxiety to others;
• post commercial advertisements or promotional material;
• collect information (including information about other users) for purposes outside this Registered Advertiser Agreement;
• disclose Your username or password to any other person; or
• sell or transfer Your registration or allow other people to access the Site using Your registration.
COMMENTS, REVIEWS AND POSTS
4. Our inclusion of Your comment, review or post on the Site does not imply endorsement or recommendation of Your opinion, business, or website. We accept no liability for material contained in any comment, review or post or hypertext link to external websites such as that operated by You or Your agents.
5. All contents of comment, review or posts are subject to Our approval. We reserve the right to reject or cancel any comment, review or post at any time. Acceptance of any comment, review or post by Us (including any URL link contained or embedded in any comment, review or post) shall not be deemed to be an acknowledgment by Us that You have complied with any or all relevant laws, regulations or industry codes. In addition, We have the absolute right to reject any URL link embodied within any comment, review or post.
6. You acknowledge that We cannot give any guarantee or warranty to the public as to the accuracy or appropriateness of information nor the accessibility of any of the external websites referenced on the Site. We cannot accept liability for any use that is made of the information contained on other websites referenced in the Site.
7. You represent and warrant in relation to any material and/or information You provide to the Site that:
• You are authorised to provide the material and/or information;
• the material and/or information is not passing off, defamatory or a malicious falsehood in relation to any product, service, person or corporation;
• the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or Website names (whether registered or unregistered), confidential information and copyright; and
• the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Sale of Goods Act 1923 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Site or any law in any country where the material and/or information is or will be available electronically to users of this Site.
LICENSE TO USE INTELLECTUAL
8. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (the "intellectual property") on to the Site, You are granting Us a perpetual, irrevocable non-exclusive and payment-free licence to:
• reproduce, use and exploit the intellectual property for the limited purposes of posting Your listing as part of the Site in accordance with Your instructions, to the full extent permitted by intellectual property law in any jurisdiction in which the Site is available to users; and
• sub-licence others the same rights granted in the sub-paragraph above.
INDEMNITY AND LIABILITY
9. We are making the Site available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Site or any linked sites.
10. To the full extent permitted by law We disclaim any and all warranties, express or implied, regarding:
• the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or of any linked sites; and
• merchantability or fitness for any particular purpose for any service or product contained or referred to on the Site and/or on any linked sites.
11. We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of You:
• acting, or failing to act, on any information contained on or referred to on the Site and/or any of the linked sites; and
• using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Site and/or any linked sites.
12. We do not warrant guarantee or make any representation that:
• the Site, or Our server is free of viruses;
• the functions contained on the Site will operate uninterrupted or are error-free or be compatible with all browser and operating systems; or
• errors and defects in the Site will be corrected.
13. We are not liable to You for:
• errors in the information You provide to Us;
• errors or omissions in the Site, or linked sites;
• delays to, interruptions of or cessation of the Services provided in the Site, or linked sites;
• defamatory, offensive or illegal conduct of any user of the Site; or
• any circumstances affecting Our performance of the services which are caused by factors beyond Our reasonable control;
whether caused through negligence of Us, Our employees, agents or independent contractors, or through any other cause.
14. Where any act of Parliament implies in this agreement any condition or warranty, Our liability for any breach of such condition, or warranty shall be limited, at Our option, to either:
• the supplying of the services again; or
• the payment of the cost of having the services supplied again; or
• refund of the amount You paid for the services.
15. A party will not, without the prior written approval of the other party, disclose the other party's confidential information.
16. A party will not be in breach of this clause in circumstances where it is legally compelled to disclose the other party's confidential information.
17. Each party will take all reasonable steps to ensure that its employees and agents, and any sub-contractors engaged for the purposes of this agreement, do not make public or disclose the other party's confidential information.
18. Notwithstanding any other provision of this clause, a party may disclose the terms of this agreement (other than confidential information of a technical nature) to its related companies, solicitors, auditors, insurers and accountants.
19. In this clause 'Confidential Information' means information that is by its nature confidential but does not include:
• information already known to the receiving party at the time of disclosure by the other party; or
• information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under this agreement.
20. Clause 15 to 20 will survive the termination of this agreement.
21. You must not assign Your interests under this agreement without Our prior written consent.
22. We may assign or subcontract some or all of Our rights and obligations under the agreement from time to time, without separate notification to You.
23. We may terminate your registration for any reason by providing written notice to You.
25. We may immediately terminate this agreement if You are in breach of any term of the agreement, including any term relating to payment, or if You do any act which might materially prejudice interests in intellectual property rights subsisting in subject matter delivered pursuant to this agreement.
26. On termination of this agreement for any cause:
• We may at Our absolute discretion, immediately delete all data associated with Your account;
• We may at Our absolute discretion, leave existing comments, reviews or posts active and visible on the Site indefinitely;
• We will not be liable for any costs, losses or damages of any kind arising as a consequence of terminating Your access to the Site, deleting or retaining Your data.
27. We will not be deemed to have waived any of Our rights under this agreement unless such waiver is in writing, signed by Us.
28. Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.
29. This agreement shall be governed by and construed according to the laws in force in the State of New South Wales, and the parties agree to submit to the jurisdiction of courts and tribunals of that State.