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Terms of Use

Ad Australia operates an online directory listing for Australian and global businesses at www.AdAustralia.com.au (the “Directory”). Your addition of your business 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 (the “Terms of Use”) please accordingly read these Terms and Conditions carefully.

We can amend these Terms of Use

We reserve the right to amend the Terms of Use at any time and from time to time. Such variation will become effective immediately upon posting or on such later date as we may specify whether or not we give you specific notice of any particular change. As your continued use of the Directory will constitute acceptance of the revised Terms of Use you should regularly review them.

What we expect from you

You are required to:

• ensure that the material you post to the Directory is accurate, complete, up to date and suitable;

• comply with all relevant local and state laws and regulations and, where applicable, all national and international laws and regulation;

• respect our and other users rights including but not limited to our intellectual property rights subsisting in material available on or through the Website and Directory;

What you are not permitted to do:

You will not:

• use the Directory for illegal purposes including without limitation by posting to the Directory information encouraging conduct that would constitute a criminal offence;

• post to the Directory any material which violates any intellectual property rights (including, without limitation, patents, trade marks, trade names, copyright and design rights and whether remittable, registered or unregistered) or other rights of any person in any jurisdiction in the world;

• post to the Directory or, if applicable, any website linked to your listing in the Directory, any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;

• post to the Directory or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;

• damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website or the Directory;

• use the Directory to engage in misleading or deceptive on-line marketing practices;

• use the Directory to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email, or

• resell, rent or lease our Directory or use of, or access to, our Directory.

Acknowledgments

We do not review or vet or exercise any direct supervision or control over the material that you or others post to the Directory or link to;

We are not responsible for the content or conduct of any site linked to or from the Website;

The Website and/or the Directory may experience interruptions and access difficulties from time to time and that we will not be responsible for such interruptions or access difficulties.

Intellectual Property

All intellectual property rights in data, information and materials utilized in the Directory or on the Website including, without limitation, all software, tools, know-how, methodologies, equipment or processes, shall remain our or our licensors sole and exclusive property. You acknowledge and agree that you shall not acquire any rights, title or interest in or to any of our intellectual property rights.

By placing any information or other material in the Directory you grant us a non-exclusive, perpetual, royalty free, unrestricted, worldwide license to edit, reproduce, adapt, translate, exhibit, publish, make available to the public, redistribute, transmit, broadcast, publicly perform, transfer, sublicense and otherwise use such material. This grant includes the right to exploit all intellectual property rights in any such information or other material including but not limited to rights under copyright, trade mark or patent law in any jurisdiction in the world.

We reserve the right to:

refuse to post or to remove any information and/or materials (in whole or in part) that we, in our sole and absolute discretion, regard in any way objectionable or in violation of any applicable law or the Terms of Use without notice to you;

modify or discontinue any services we offer at any time without notice or liability to you; and
cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction

or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law or the Terms of Use.

Exclusion of Warranties

We do not warrant that the Directory is error or fault free or that it will meet your requirements.

Except as otherwise expressly stated in these Terms of Use, we make no express or implied warranties to you and expressly exclude all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement, except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void.

Limitation and Exclusion of Liability

To the extent permitted by law, where the services we provide to you are subject to warranties or terms implied by statute, general law, international convention or custom which cannot be excluded, restricted or modified our liability for breach of any such condition or warranty will be limited to the supply of the services again.

We exclude all liability to you or any other person for any loss or damage, whether arising in contract, negligence or otherwise arising out of or in connection with any use of the Website or the Directory or information on or provided though the Website or the Directory.

We exclude all liability to you or any other person (whether in contract, negligence, tort, equity or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss or corruption of data or loss of goodwill, even if we have been advised of the possibility of such loss or damage.

Indemnity

You must at all times indemnify us and our affiliates and our suppliers and their respective officers, employees, contractors and agents (“those indemnified”) from and against any loss, costs, expenses (including reasonable legal fees), claims, damages, settlement, penalties, fines or other liability incurred or suffered by any of those indemnified arising out of your use of the Directory and the Website or breach of these Terms of Use.

Termination

The Terms of Use are effective until terminated by us, and we may terminate them and your right to post information and material to the Directory at any time without notice.

In the event of termination you are no longer authorized to add your Directory listing to the Directory, but all restrictions imposed on you, licenses granted by you and all our disclaimers and limitations of liability set out in the Terms of Use will survive.

In the event of termination we will not be liable to you for any claims of any kind arising from removal of your Directory listing from the Directory whether on account of the loss by you of present or prospective profits, anticipated orders, expenditures, investments or commitments made, goodwill created or on account of any other cause whatsoever.

Circumstances beyond our control

We will not be liable for any failure or delay in the performance of our obligations to you if that failure or delay is due to circumstances beyond our reasonable control including, without limitation, any act of God or other cause beyond our reasonable control including any mechanical, electronic, communications or third party supplier failure.

Notices

We may provide notices to you by simply posting the notice on the Website. This is in addition to any other mode of services permitted by law.

General

Any provision of the Terms of Use that is invalid, or unenforceable will be will be deleted and the remainder will continue to have full force and effect.

You may not assign any of your rights or obligations under the Terms of Use without our prior written consent. We may assign our rights or obligations under the Terms of Use at any time without notice to you.

Headings in this Agreement are for convenience only and shall not be used to interpret this Agreement.

A waiver by us of a provision of or right under the Terms of Use is only binding on us if it is in writing and executed by us. In addition the waiver will only be effective in the specific instance and for the specific purpose for which it was given.

The Terms of Use are governed by the laws of each and every Australian State and Territory and each party irrevocably submits to the non-exclusive jurisdiction of the Courts of the State or Territory where their business or listing originates.

All rights not expressly granted in the Terms of Use are reserved.

Refund Policy

In the event that a business, company or individual wishes to terminate their advertising with Ad Australia, that business, company or individual must give Ad Australia thirty (30) working days notice of their intention to do so in writing addressed to Ad Australia.

Upon receipt of such a termination notice Ad Australia will confirm the notice with the sender and refund any monies pre paid by the business, company or individual which extend past the thirty day notice period.

If the business, company, individual have a direct debit arrangement with Ad Australia via credit card, bank account or other means, Ad Australia undertake to authorize the cancellation of such an arrangement upon receipt of the termination notice.

In the event of Ad Australia terminating a listing under the termination clause, Ad Australia will automatically refund any fees paid in advance by the business, company, individual as a matter of course.

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