Auto Alliance Group Pty. Ltd. and www.rvdirectory.com.au Advertising Products Terms and Conditions
Auto Alliance Group Pty. Ltd. operates an online business and entertainment directory for Australian and international businesses and or websites. Your inclusion of your business and or website to the directory is conditional upon your acceptance and compliance with these terms and any other specific conditions, notices and disclaimers contained in the website including the "Privacy Policy" and the "Terms and Condition" Please read these Terms and Condition carefully.
Acceptance of Terms
· All Advertisers agree to be bound by the Terms & Conditions set out on www.rvdirectory.com.au, and any other terms and conditions agreed to as applicable.
· The terms that apply to your Contract and Service are set out in the website terms of use as set out on www.rvdirectory.com.au and any attachments or approved and authorised order from or equivalent, that has been received and acknowledged by www.rvdirectory.com.au;
· Any advertising restrictions that are applicable to your business or service and normal Trade Practice Commission guidelines
· These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on www.rvdirectory.com.au or otherwise issued by Auto Alliance Group Pty. Ltd..
· Auto Alliance Group Pty. Ltd.. can make modifications or revisions of the Advertising Products Terms and Conditions at any time without any prior warning or notice.
· The changes will be effective as soon as they have been posted on the Website.
· It is the advertisers responsibility to check the terms and conditions from time to time so you are aware of any changes to the site and services.
· Your continued use of www.rvdirectory.com.au after any modifications indicates you have accepted the new terms and conditions.
Term of Advertising Contract
· The Contract begins on the date of acceptance by Auto Alliance Group Pty. Ltd.
· The Contract will continue for the period of one month and will continue automatically for successive follow-on terms unless and until it is terminated in accordance with Termination conditions below.
Advertiser Content
· The advertiser is responsible for uploading and maintaining any and all relevant material (Advertiser Material) for use on the Website;
· Any and all advertiser material must conform to the requirements of www.rvdirectory.com.au including as to deadlines and delivery formats.
· Links must be to web pages only and begin with http:// unless listed in the Retail and Online Shopping category.
· You must have the authority to provide the image(s) / link(s) for the website / business you submit
· www.rvdirectory.com.au takes no responsibility for any of the Advertiser Material and may remove, revise or refuse to publish any Advertiser Material at its sole discretion.
· www.rvdirectory.com.au can and may overide any or all utilisation of all keywords, categories and other material used to describe or categorise a business listing for all purposes relating to the Directory.
· www.rvdirectory.com.au reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to Auto Alliance Group Pty. Ltd.;
· The Advertiser acknowledges and agrees that Auto Alliance Group Pty. Ltd. may provide the Directory from time to time to other commercial enterprises including for publication on another website. Auto Alliance Group Pty. Ltd. does not warrant that the Advertiser’s listing in the Directory will be published or continue to be published on an internet site that is a distribution partner of Auto Alliance Group Pty. Ltd.;
· The Advertiser acknowledges and agrees that:
o The failure of another internet site to publish or continue to publish the Advertiser’s listing or Advertiser Material in any form will not affect the parties’ rights and obligations under this Contract;
o Auto Alliance Group Pty. Ltd. is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and
o Auto Alliance Group Pty. Ltd. retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser’s listing or Advertiser Material will be distributed by any particular distribution partner for any particular period.
Fees and Charges
· The advertisers listing will only take effect from the time of receipt of cleared funds to the Auto Alliance Group Pty. Ltd. nominated bank account;
· The Advertiser acknowledges that the fee and other charges are exclusive of GST. GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by the Advertiser and the Advertiser agrees to pay this increase from the changed date.
· Auto Alliance Group Pty. Ltd. reserves the right to make changes to the prices at any time, on 30 days notice to the Advertiser
· The Advertiser is expected to adhere to the payment terms and payment method agreed to on the www.rvdirectory.com.au web site,
· Payment methods and payment terms accepted by Auto Alliance Group Pty. Ltd. are as follows: credit card and direct debit
· Should the Advertiser elect to pay by credit card then Auto Alliance Group Pty. Ltd. reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original or subsequent processing transaction is unsuccessful.
· The Advertiser acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
· If at any time during the initial term or follow-on term there are insufficient funds in the Advertiser’s credit card account or the bank account (as the case may be) to cover all fees or charges when they are due, or any other agreed method of payment (e.g. cheque) provided by the Advertiser is dishonoured or reversed, the Advertiser is in breach of this Contract and Auto Alliance Group Pty. Ltd., without notice to the Advertiser and without affecting any other rights, may terminate this Contract according to the termination clause below and/or suspend provision of the services.
Termination of Contract
This Contract may be terminated in the following ways:
· At any time the Advertiser and Auto Alliance Group Pty. Ltd. agree in writing;
· By one (1) month written notice from either party to the other;
· By Auto Alliance Group Pty. Ltd. without notice if:
· If you are advertising anything that Auto Alliance Group Pty. Ltd., in its sole discretion deems to be obscene/offensive/adult/gambling/religious/hacking sites
· If your image(s) and link(s) are accepted and you later change the content of the linked site to show obscene/offensive/adult/gambling/religious/hacking material then your link will be removed until you provide a new one, and you will not get a refund of any kind for the image(s) / link(s) downtime.
· You copy any other listing in our directory to re-use in your own listing. Doing so will result in your listing being suspended and possibly deleted without a refund.
· the Advertiser (being an individual) is declared bankrupt; or
· any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for the advertiser to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy; or
· If at any time during the initial term or follow-on term there are insufficient funds in the Advertiser’s credit card account or the bank account (as the case may be) to cover all fees or charges when they are due.
· Nothing prevents By Auto Alliance Group Pty. Ltd. from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.
· If the unpaid fees and charges are passed on for collection and or legal action, Auto Alliance Group Pty. Ltd. may place a default against the advertiser with a credit reporting agency.
Cancellation Policy
· If the Advertiser wants to terminate their Contract within the period of the term of the Contract then the Advertiser must give one (1) month written notice.
· The advertiser is soley responsible for removing their advertisement by logging in using their login details to cancel their listing;
· If the advertiser removes their listing after the payment date no refund will be given for the months advertising
Liability and Indemnity
· If Auto Alliance Group Pty. Ltd. is the cause of any error or omission in the Advertiser material and the Advertiser suffers loss or damage as a result, Auto Alliance Group Pty. Ltd. maximum liability to the Advertiser will be a refund of fees, the amount of the refund being calculated on a pro rata basis with reference to that period of the relevant term during which the error or omission was displayed as a proportion of the entire term for which fees and charges were paid by the Advertiser for services in relation to that Advertiser material.
· The Advertiser indemnifies Auto Alliance Group Pty. Ltd. and all related parties against any successful claim by any third party against Auto Alliance Group Pty. Ltd. in respect of any matter arising from the operation, use, transfer of data or money to and from Auto Alliance Group Pty. Ltd. by the Advertiser.
· By lodging material including electronic material or data for publication or authorising or approving the publication of any material with Auto Alliance Group Pty. Ltd., the Advertiser indemnifies Auto Alliance Group Pty. Ltd. 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, Advertisers and or advertising agencies indemnify Auto Alliance Group Pty. Ltd. and its directors, employees and agents against any claims arising from:
o defamation, libel, slander of title;
o infringement of copyright;
o infringement of trade marks or names of publication titles;
o unfair competition;
o breach of trade practices, privacy or fair trading legislation; and
o violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.
· Advertiser indemnity: The Advertiser indemnifies Auto Alliance Group 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.
· No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with Auto Alliance Group Pty. Ltd. without the prior written consent of Auto Alliance Group Pty. Ltd..
Intellectual Property
· All intellectual property in relation to material included on the Website belongs to Auto Alliance Group Pty. Ltd. or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
· Apart from fair dealing permitted by the Copyright Act 1968, Auto Alliance Group Pty. Ltd. grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
Maps and map data:
· All content and materials relating to the maps included on or linked to the Website are the copyright of the mapping provider.
· Except as expressly permitted by these terms and conditions, the User (including Advertisers) may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of Auto Alliance Group Pty. Ltd.. The terms of use for Google Maps located on www.rvdirectory.com.au can be found at http://www.google.com/intl/en_us/help/terms_maps.html.
Other Stuff
· Auto Alliance Group Pty. Ltd. will collect, use and disclose any personal information in accordance with its Privacy policy which is available upon request or can be viewed at http://www.rvdirectory.com.au/page.php?id=2
· Advertisers and Users acknowledge Auto Alliance Group Pty. Ltd. Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy policy.
· Auto Alliance Group Pty. Ltd.. collects your personal information to assist us in providing the goods or services you have requested, to process your competition entries, and to improve our products and services. We or any of our Australian related companies may be in touch by any means (including email or SMS) to let you know about goods, services, or promotions which may be of interest to you. We may also share your information with other persons or entities who assist us in providing our services, running competitions or with other companies who provide prizes for competitions or reader offers.
General Notices
· Severability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected.
· Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in New South Wales. These terms and conditions shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
· Any notice to be served to Auto Alliance Group Pty. Ltd. under this Contract must be served by registered post, to P.O. Box 305 Cherrybrook NSW 2126
Definitions
"person" - includes a corporation;
"month" - means calendar month;
"Advertiser" - means the business or their authorised representative (including an advertising agency) that has entered into an agreement with Auto Alliance Group Pty. Ltd..