Listings Service Agreement Standard Terms and Conditions
THIS IS A LEGALLY-BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
1. Application of terms and conditions
1.1 These terms and conditions apply to all persons and/or entities who have created a user account (“you”) on the website www.mylennoxhead.com.au (“site”) (“we” or “us”). By creating a user account and advertising on our site you agree to the following terms and conditions and that these prevail over any other terms and conditions.
1.3 Any content posted or submitted by you to our site is subject at all times to the Acceptable Use Policy and these terms and conditions.
2. User Accounts and Listing Packages
.1 In order to list your business on, or advertise our site you must create a user account. Creation of a user account is free of charge. You must keep your password for our site safe and secure and operate your user account in accordance with these terms and conditions.
Free package for a limited time
2.2 The BASIC One-Off Listing Package provides the following services:
.3.1 A listing of your company or business name, the region and country in which you are located and your website address (you are only permitted to list one company or business and one website under the Listing Packages), add images, location, select categories and, if applicable event dates (for event listings); and
2.3.2 Inclusion in the simple searches performed by users of our site.
.4 If you do not wish to be listed on our site and wish to terminate your user account, or Listing Packages please email firstname.lastname@example.org and we will remove your listing as soon as is practicable.
3. Term of user accounts and listing packages
3.1 The listings are free for a limited time and you are under no obligation to renew the listing. After the 6 month free period, you can either renew the listing at the current fee (available when you relist) or choose to leave it as an expired listing -at which point your listing will no longer show on the website.
.2 We may at our absolute discretion refuse a user account or any type of listing package to any person or entity and we shall not be obliged to state our reasons for such refusal.
3.3 Either of us may terminate a Listing Package in accordance with the provisions of paragraph 6 below.
4. Notification of Changes
- Mylennoxhead.com.au, at any time in its sole discretion, change the terms of this Agreement. Modifications may include, without limitation, increases to the annual fees charged for the Listing Services. Whenever Mylennoxhead.com.au changes this Agreement, it will post those changes to its Web Site and will update the ‘Last Updated’ date at the top of this Agreement. The revised terms will become effective on the date Mylennoxhead.com.au posts such changes to its Web Site, except annual fee increases will become effective at the time your annual Agreement automatically renews. It is your obligation to check this Agreement regularly to ensure you are updated as to any changes. Without limiting the foregoing, if Mylennoxhead.com.au determines in its sole discretion that the modification is material, it will notify you electronically via the email address associated with each account. If any modification to this Agreement is not acceptable to you, your only remedy is to notify Mylennoxhead.com.au of your election not to renew your Agreement.
4. Fees and payment
4.1 The fee for any Paid Listing Package shall be as set out on our site at the time that you make payment for the Paid Listing Package. This fee may change from time to time and MyYamba.com.au reserves the right to change the fees at any time. You will always have the option to decide to relist at a new fee or not.
4.2 The fees for Additional Services (as described in paragraph 8 below) shall be as set out on our site at the time that you make payment for the Additional Services. These fees may change from time to time.
4.3 All fees are exclusive of Australian GST or any applicable sales tax in any jurisdiction unless specified otherwise on our site. Fees are also exclusive of all taxes, duties and levies of any kind (including withholding tax) which for the avoidance of doubt, you shall be liable to pay.
4.4 Payment for all fees is to be made through Paypal and you must ensure that you have a validly operating Paypal account before you commence the order process for Paid Listing Packages or Additional Services.
4.5 All fees are quoted in Australian Dollars and currency exchange settlements will be as provided by Paypal and your financial institution.
5.1 You may within 7 days of completing the online application for a Paid Listing Package, cancel your Paid Listing Package. To cancel your Paid Listing Package, you must email email@example.com within the aforementioned time period providing clear notice of your wish to cancel your Paid Listing Package.
5.2 If we receive notice of cancellation of your Paid Listing Package in accordance with paragraph 5.1, we will refund the listing fee you paid back to your Paypal account within 30 days of our receipt of such notice.
5.3 Free listing – you can cancel at anytime, at will.
6.1 You may terminate your user account or Listing Package in accordance with paragraph 2.4 above and we may terminate your user account or Listing Package at any time without notice to you by removing your listing from our site.
6.2 You may terminate your Paid Listing Package at any time by emailing firstname.lastname@example.org and providing us with clear notice of your wish to terminate your Paid Listing Package. Subject to paragraph 5 above, no refund of any fee will be provided on termination. Such termination of your Paid Listing Package shall be effective from the date on which we remove your Paid Listing Package from the site.
6.3 Implications If you provide notice to terminate your Paid Listing Package, you shall continue to have a user account and a Basic Listing on our site (unless you notify us of your wish to be removed from the site in accordance with paragraph 6.1 above) and these terms and conditions shall continue to apply to your user account and Basic Listing Package.
6.4 We may terminate your user account, Paid Listing Package and the agreement between us without notice and without any liability to make any refund or other payment to you in the following circumstances:
6.4.2 you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;
6.4.3 your user account or listing package may in our reasonable opinion adversely affect our goodwill or reputation; or
6.4.4 you or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
7. Consequences of termination
7.1 Upon termination of the agreement between us, your right to use the registered user sections of our site shall immediately cease. We have no obligation to maintain any of your posted content, Additional Services, Articles or any content within your listing.
7.2 Any termination of the agreement between us shall not affect any rights or liabilities that have accrued to us prior to such termination.
8. Additional Services
8.1 Additional Services such as banner advertising or badge advertising on our site, being featured in our newsletter and having your photo displayed on our site home page are described on our site and may change from time to time. Additional Services are limited in number and will be accepted on a first come first served basis. We accept no liability for Additional Services not being available.
8.2 Advertisements purchased as Additional Services shall be in the size, format and location specified on our site at the time you make payment or in such similar location as we in our absolute discretion determine and shall be displayed on our site for the period of time specified on our site at the time you make payment.
8.3 You warrant that your advertisement complies with all applicable law and regulation (including self regulation such as the CAP Code) and you shall indemnify us for any loss, damage or other liability that we may suffer as a result of you breaching this condition.
8.4 We may in relation to Additional Services provide specifications as to the materials to be provided by you in order for us to fulfill the delivery of such Additional Services. If you do not provide the specified materials in the manner and form specified within the time period stated, we shall not be obliged to fulfill the delivery of such Additional Service and no refund shall be made in relation to your payment for such Additional Services.
8.5 We may reject in our absolute discretion any materials submitted in relation to Additional Services and may request you to provide amended or additional materials.
8.6 If you decide to withdraw your advertisement for any reason, we shall not be obliged to provide you with a refund.
8.7 We do not guarantee or make any representation or warranty as to the outcome (such as response levels to advertisements) of your purchase of any Additional Service.
8.8 All advertising content is subject to our approval and we reserve the right to reject or cancel any advertisement that we deem to be unsuitable for any reason.
8.9 We accept no liability for any errors in any advertisements (or for errors in any content on our site).
9 Intellectual Property
9.1 We are the owner or the licensee of all intellectual property rights in our site, and in all of the material published on it. The site and such materials are protected by copyright laws and treaties around the world and we reserve all such rights.
9.2 You grant us a perpetual, worldwide, royalty free licence to use all or any of your intellectual property rights in any materials, advertisements or content submitted or shown on our site.
9.3 You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of our site (including any advertising on our site or Articles you submit to our site).
9.4 You agree and acknowledge that we retain full editorial control over all advertisements and listings submitted by you to our site and that we will own all intellectual property rights in relation to such advertisements and listings (other than in relation to your branding and other intellectual property rights that are owned by you prior to you submitting such advertisements and listings).
9.5 We reserve the right to change the format, style and layout of our site and any advertisement, listing or Article submitted by you as we see fit.
9.6 You must not reproduce in any format (including on another website) any part of our site (including content, designs, look and feel) without our prior written consent.
10.1 You warrant that where you are an individual you are at least 18 years of age and where you are a company or other similar entity, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into the agreement between us.
10.2 You warrant that all information that you have provided us with or have submitted to our site is true and accurate and not misleading in any way.
10.3 You warrant that in using our site you will comply at all times with all applicable law and regulations and advertising codes of conduct.
10.4 You warrant that any website owned or controlled by you that is listed on our site is free from illegal, defamatory or tortious content.
11. Limitation of liability
- IN NO EVENT SHALL MYLENNOXHEAD.COM.AU OR ANY OF ITS SUPPLIERS, VENDORS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL MYLENNOXHEAD.COM.AU’s LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO MYLENNOXHEAD.COM.AU BY ADVERTISER UNDER THIS AGREEMENT DURING THE CURRENT LISTING PERIOD OR SIX MONTH PERIOD PRIOR (WHICHEVER IS MORE) TO THE TIME THE APPLICABLE CLAIM ACCRUED.
11.2 Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your use of our site (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not).
11.3 You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offence caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our site by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
11.4 You agree and acknowledge that we have no liability for our site not being available at any time nor any liability for the deletion, corruption or failure to store any materials or content maintained or transmitted on or through our site.
11.5 We shall have no liability for any advice, views, recommendations, advertisements and any other form of content provided by other users of our site or third parties.
11.6 Where we provide any content on the site that contains advice, views or recommendations, this is done on a generic basis without considering individual circumstances and hence we shall have no liability for any such content.
11.7 We have not verified or performed any checks on registered users or other users of the site who may contact you and we therefore disclaim all liability in relation to the actions of registered users, other users and any other third parties in relation to our site. You should of course take all necessary precautions regarding your safety when corresponding with or meeting with registered users, other users or other third parties.
You hereby agree to, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from your breach of any of these terms and conditions.
13 Force majeure
We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement, arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force unless, in our reasonable opinion, the purpose of this agreement is frustrated as a result.
We may vary these terms and conditions at any time. The latest version of these terms and conditions shall be as posted on our site or as emailed to you. Your continued use of our site constitutes your acceptance of any new or updated or amended terms and conditions.
No failure or delay by us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
This agreement is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with this agreement. We may assign this agreement at our discretion and without providing you with notice.
18 Entire Agreement
19 Governing law and jurisdiction
19.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Australian law.
19.2 The parties irrevocably agree that the courts of NSW, Australia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
20. Editorial Standards and Requirements
- Advertiser’s Listing entries are written by MYLENNOXHEAD.COM.AU, or written by Advertiser subject to Business.com’s approval. Advertiser agrees to be bound by and follow the Mylennoxhead.com.au editorial standards. Business listings / Advertiser’s submissions to the Mylennoxhead.com.ausite will be subject to Business.com editorial review, modification and/or removal in Mylennoxhead.com.au’s sole discretion. Mylennoxhead.com.au reserves the right, but not the obligation, to review Advertiser submissions.
- ADVERTISER REPRESENTS AND WARRANTS THAT ITS LISTINGS, LINKS AND SUBMISSIONS TO THE MYLENNOXHEAD.COM.AU SITE DO NOT, AND WILL NOT INCLUDE CONTENT, OR LINKS TO CONTENT, WHICH MAY RESULT IN A CLAIM AGAINST, OR CIVIL OR CRIMINAL LIABILITY TO, BUSINESS.COM OR THAT OTHERWISE VIOLATES APPLICABLE LAW OR THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS FRAUDULENT, DECEPTIVE, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ADULT-THEMED, INFRINGING OR THAT VIOLATES THE PRIVACY, PUBLICITY OR ANY OTHER RIGHT(S) OF A THIRD PARTY.
- ADVERTISER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS MYLENNOXHEAD.COM.AU AND ITS AFFILIATES AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, AGENTS, LICENSEES AND EMPLOYEES, FROM AND AGAINST ALL THIRD PARTY CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES (COLLECTIVELY, ‘LOSSES’) THAT MAY AT ANY TIME BE INCURRED AS A RESULT OF ANY THIRD PARTY CLAIMS, SUITS OR PROCEEDINGS: (A) ARISING OUT OF ANY BREACH BY ADVERTISER OF ANY DUTY, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; OR (B) ARISING FROM THE CONTENT OR SUBJECT MATTER OF ANY ADVERTISER LISTING, LINK, SUBMISSION OR CONTENT OF SITES TO WHICH VISITORS CAN LINK THROUGH ADVERTISER’S LINKS OR LISTINGS. MYYAMBA.COM.AU RETAINS COMPLETE EDITORIAL DISCRETION WITH RESPECT TO ALL LISTINGS AND LINKS, INCLUDING, WITHOUT LIMITATION, REGARDING THE SELECTION, PLACEMENT, KEYWORDS, TITLE, DESCRIPTIONS AND MULTILINKS.
- Mylennoxhead.com.au endeavors to protect the security of Advertiser’s payment information during transmission by using Secure Sockets Layer (‘SSL’) when receiving payment information through the Business.com website. It is important for Advertiser to protect against unauthorized access to your password and your computer. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and Advertiser agrees to accept full responsibility for all activities conducted using Advertiser’s account on Business.com.
22. REGISTRATION INFORMATION
- In connection with the Listing program, Advertiser is required to submit registration information. Mylennoxhead.com.au may use such information to contact the Advertiser regarding its listings and links. Mylennoxhead.com.au will NOT disclose such information to its third party vendors and service providers.
- Mylennoxhead.com.au reserves the right, in its sole discretion, to (i) remove Advertiser’s Listing and/or cancel Advertiser’s account for any reason or no reason; (ii) change the fees for Listing; (iii) change the procedures or rules for obtaining or maintaining a Listing; (iv) alter the content or other aspect of any Listing; and (v) discontinue Listing and/or the Business.com Directory or website. Payment of Advertiser’s fee will not guarantee that Advertiser’s listing(s), link(s) and/or account will remain on the Mylennoxhead.com.au Directory or website if Advertiser or Advertiser’s listing is deemed to be in violation of any term or condition of this Agreement. Upon any termination or expiration of this Agreement, Advertiser shall promptly pay Business.com all moneys due hereunder.
- Receipt times of all submissions, notices and other correspondences and transactions via the Mylennoxhead.com.au site are measured based on receipt by Mylennoxhead.com.au’s servers. This Agreement: (a) shall be governed by and construed in accordance with, the laws of the NSW, Australia, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties with respect to the subject matter hereof; and (c) shall supersede any and all other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. All waivers hereunder by Mylennoxhead.com.au must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect. Exclusive venue for all disputes arising out of or related to this Agreement shall be the state and federal courts located in NSW, Australia, and each party hereby irrevocably consents thereto. Any rights or obligations hereunder may not be transferred or assigned by Advertiser without the prior written consent of Mylennoxhead.com.au. Mylennoxhead.com.au may freely assign and delegate the Agreement and any of its rights and obligations hereunder.