Listing Owners Terms and Conditions
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Terms and Conditions
1. Definitions and Interpretation
In these Terms and Conditions, the following words have the following meaning:
Advertising Services means the promotion of You or Your business from time to time by listing You or Your business on the Website.
Application means a request by You to acquire the Advertising Services from The Bride Atlas in accordance with these Terms and Conditions.
Confidential Information means information regarding any discount provided to You as well as any information We advise You is confidential or that You advise us is confidential.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Fees means any fees to be paid in respect of the Advertising Services as agreed with You (including GST) from time to time.
Fixed Term means any Fixed Term during which You have agreed to acquire Advertising Services.
The Bride Atlas means The Bride Atlas (ABN 19 359 338 731).
Related Bodies Corporate means a related body corporate as defined in section 9 of the Corporations Act 2001 (Cth).
Website means this website – www.thebrideatlas.com and any sub domains, or associated web-based site.
We or Us or Our or The Bride Atlas means any of The Bride Atlas, its Related Bodies Corporate or their directors, officers, employees, independent contractors or agents.
You or Your means You as the purchaser of Advertising Services from The Bride Atlas pursuant to these Terms and Conditions.
In these Terms and Conditions unless the contrary intention appears:
a) a reference to these Terms and Conditions or another instrument includes any variation or replacement of either of them;
b) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re‑enactments or replacements of any of them
c) the singular includes the plural and vice versa;
d) the word person includes a firm, a body corporate, an unincorporated association or an authority;
e) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and assigns;
f) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive to that day; and
g) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.
2.1 This Website is owned and operated by The Bride Atlas.
2.2 By submitting the Application and/or creating a listing to appear on the Website, You agree to be bound by these Terms and Conditions. If You do not agree to the Terms and Conditions, You must not submit an Application.
2.3 The Bride Atlas reserves the right to amend the Terms and Conditions from time to time in its sole discretion and, by submitting an Application at any time, You acknowledge that You have read, understood and agree to be bound by the current Terms and Conditions in use at that time.
2.4 If You do not understand any of the Terms and Conditions, or if You have any questions, please contact The Bride Atlas using the contact details provided on the Website.
3. Advertising Services
3.1 You may seek to subscribe to the Website and acquire the Advertising Services offered by the Website on a Fixed Term basis by contacting us at email@example.com.
3.2 You agree to provide complete and accurate information as to the details provided to enable the assessment and publication of Your advertisement.
3.3 You may agree to subscribe to the Website and acquire Advertising Services based on the subscription package chosen by You for a Fixed Term as agreed with You, on these Terms and Conditions for the Fees agreed with You.
3.4 To the extent permitted by law, The Bride Atlas reserves the right to accept or reject a request for a subscription to advertise on the Website for any reason (or no reason) at any time including, but not limited to an error in the Fees to be paid or the discontinuance of a promotion.
3.5 You must not:
a) use the Website for any activities, or post or transmit to or via the Website any information or materials which:
i) breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes;
ii) interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Website;
iii) is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
b) use the Website to send unsolicited commercial or bulk electronic messages;
c) make any fraudulent claims or fraudulent or speculative enquiries, reservations or requests using the Website or the Advertising Services;
d) tamper with, hinder the operation of or make unauthorised modifications to the Website;
e) knowingly transmit any virus or other disabling feature to or via the Website; or
f) attempt any of the above acts or permit another person to do any of the above acts.
4. Promotions and Discounts
4.1 The Bride Atlas may run temporary promotions and offer discounts on Advertising Services, which may include the provision of Advertising Services free or at a discounted price for an introductory fixed period of time. Such promotions and discounts will be subject to additional terms and conditions (as specified with the offer) which may amend these Terms and Conditions. In the event that You do not comply with the terms of any promotion or discount offered, You will not be entitled to the promotion or discount and must immediately repay any amount in respect of such promotion or discount that has been credited to You in advance. You should therefore read any discount or promotion terms and conditions carefully.
5. Advertising Services
5.1 The specific Advertising Services to be provided will depend on the advertising package selected by You. Unless guaranteed by the package You have selected or otherwise agreed in writing, The Bride Atlas makes no representations or warranties as to the manner in which You or Your product will appear on the Website including without limitation the layout, design or placement of any advertising or other material.
6. Confidential Information
6.1 Both You and The Bride Atlas agree to keep the Confidential Information of the other party confidential.
6.2 Both You and The Bride Atlas must:
a) not disclose any Confidential Information of the other party to anyone else except as permitted under these Terms and Conditions;
b) limit the disclosure of the Confidential Information within its own organisation or to those of its officers and employees and business advisors to whom such disclosure is strictly necessary;
6.3 The obligations of confidentiality in this clause will not apply to information which:
a) is generally available in the public domain except where it is as a result of a breach of these Terms and Conditions by a party;
b) was known prior to the disclosure of the information by the other party; or
c) is required to be disclosed by an applicable law or court order.
6.4 The obligations imposed under this clause will survive the termination of these Terms and Conditions.
7. Intellectual property
7.1 Both You and The Bride Atlas acknowledge that the other party’s Intellectual Property (including Intellectual Property which is licensed to either party) is extremely important and valuable and is the property of the owning party.
7.2 Both You and The Bride Atlas acknowledge that The Bride Atlas has no right, title or interest in or to the Intellectual Property of the other party but The Bride Atlas is permitted to use Your Intellectual Property for the purposes of providing the Advertising Services.
8. User Contributions and Testimonials
8.1 If You correspond or otherwise communicate with Us, or post material to our Website, You automatically grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of Your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing Your ideas and suggestions for improved products or services we provide. You also consent to any act or omission of The Bride Atlas which may amount to an infringement of Your moral rights (as defined in the Copyright Act 1968 (Cth)).
8.2 You will be given the option of allowing users to post reviews about You and Your business on the Website. If You elect to enable user reviews, You consent to reviews being posted about You and Your products. You will be given the opportunity to view user reviews, and to respond to them.
8.3 You are required to provide only accurate and truthful information concerning Your identity in any communications on the Website, including in relation to reviews, or responses to reviews about You, Your business and other advertisers on the Website.
9.1 You represent and warrant that:
a) all information and data provided by You to us is true, accurate, complete and up to date, and (where relevant) You have obtained the required consents to provide the information and data to us;
b) in placing Your Application, You have read, understood and agreed to these Terms and Conditions;
c) You have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise The Bride Atlas to display any materials or contributions You submit for publication on the Website;
d) You have complied with all laws including those dealing with Intellectual Property;
e) You have full power, capacity and authority to enter into these Terms and Conditions; and
f) agreeing to these Terms and Conditions will not cause You to be in breach of any other agreement.
10. Exclusion and limitation of liability
10.1 The Bride Atlas does not give any representation or warranty that the Advertising Services will generate any visits to Your website, generate revenue for You, win You any business or generate any sales.
10.2 The Website may be accessed throughout Australia and overseas. The Bride Atlas makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia.
10.3 Despite any other term and to the maximum extent permitted by law, The Bride Atlas will not bear any liability to You for consequential loss including loss of profits, loss of business opportunities or loss of goodwill howsoever arising (including in negligence).
10.4 Our liability to You for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that You directly or indirectly cause or contribute to any of the loss or damage.
10.5 You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that We have no responsibility for the legality of Your actions.
10.6 Without limiting the foregoing, to the extent permitted by law, We limit our liability in respect of any claim to, at Our option:
a) to the supply of the Advertising Services again; or
b) the payment of the cost of having the Advertising Services supplied again.
11.1 You will at all times indemnify Us, and keep Us indemnified against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by Us arising from any claim, demand, suit, action or proceeding by any person against You or Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms and Conditions including without limitation the warranties provided by You.
12. Fees and Payment
12.1 Unless otherwise stated, all Fees and other charges quoted are in Australian Dollars and where applicable are inclusive of goods and services tax (GST).
12.2 The Bride Atlas reserves the right to change or alter Fees of Advertising Services for any reason without notice to You, unless You have already submitted an Application for stipulated Fees and that Application has been accepted by us, in which case Your Fees will remain fixed until the completion of Your Fixed Term.
12.3 Where You have acquired Advertising Services for a Fixed Term, You must pay the Fees for that Fixed Term in advance.
12.4 You will receive a Tax Invoice by email which will advise you when payments are due.
12.5 Fees shall be paid by the method specified in the Tax Invoice. If the due date for payment falls on a non-working day or a public holiday, the payment will be processed on the next working day.
12.6 You acknowledge and agree that any payment must be cleared by The Bride Atlas to its satisfaction before Advertising Services are provided. If Your payment cannot be processed, Your Application will be rejected or suspended until payment is received. You will be notified if this occurs.
12.7 In ordering, paying or attempting to pay for the Advertising Services, You agree that You have not engaged in any fraudulent conduct or contravened any law.
13. Renewals and cancellations
13.1 Unless provided for under these Terms and Conditions, no cancellations will be accepted, or refunds provided, during the Fixed Term once the Application has been accepted by Us. You will, however, be able to ask at any time that You and Your product cease to appear on the Website.
13.2 Prior to the conclusion of Your Fixed Term, You will be invited to renew Your subscription to the Website for a further Fixed Term. You may choose to accept this invitation and renew Your subscription for a further Fixed Term.
13.3 If You wish to cancel Your subscription on the conclusion of Your Fixed Term, You may do so by providing us with 10 business days’ notice prior to the conclusion of the Fixed Term. Cancellations may be made by contacting us using the contact details on the Website.
13.4 If You do not renew Your Fixed Term and do not provide notice of cancellation following the conclusion of Your Fixed Term, Your subscription will automatically renew for another Fixed Term of the same duration at the end of the Fixed Term.
14.1 The obligations regarding Confidential Information, Intellectual Property, Indemnity and the exclusions and limitations of liability made by Us in these Terms and Condition will survive termination of these Terms and Conditions.
15.1 The Bride Atlas may in its sole discretion amend these Terms and Conditions at any time. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Application are those that govern Your relationship with The Bride Atlas with respect to the Fixed Term or Minimum Term of Your Application.
15.2 The Bride Atlas may give notice to You by electronic mail. You may give notice to The Bride Atlas by electronic mail to firstname.lastname@example.org.
15.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
15.4 A failure or delay by The Bride Atlas to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by The Bride Atlas does not preclude its future exercise or the exercise of any power or right by or on behalf of The Bride Atlas.
15.5 If a provision of these Terms and Conditions is declared or determined by any court to be void, invalid or unenforceable at law, that provision is hereby severed from and deemed not to be part of these Terms and Conditions, and the remaining provisions will continue to apply with such deletions or modifications as necessary to make them valid, effective and enforceable. Removal of any provision of these Terms and Conditions will not affect the validity of what remains.
15.6 Nothing contained or implied in these Terms and Conditions creates a relationship partnership, employment, agency or trust. Neither party has the authority to bind the other party in any way.
15.7 These Terms and Conditions are governed by, construed and enforced in accordance with the laws of Western Australia, Australia. Disputes arising from these Terms and Conditions are exclusively subject to the jurisdiction of the courts of Western Australia, Australia.