Internet Terms and Conditions
buyAds.com.au
ABN 40 128 017 130
Terms of use
This page outlines the General Conditions of access to and use of the Site.
1 Acknowledgment and acceptance of General Conditions
(a) www.buyads.com.au (Site) is owned and operated by Australian Business Advertising Network (we, us).
(b) Your access to and use of the Site (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (General Conditions). By clicking on the “I Accept” button below, you acknowledge that you have read and agree to be bound by the General Conditions. We reserves the right to revise, amend and update the General Conditions at any time effective on the date the new and amended provisions are posted to the Site.
(c) The Site brings together suppliers of Services (which services include the selling of advertising space and other advertising-related services) (Suppliers) and purchasers of those services (Advertisers).
(d) In these General Conditions, the terms “you”, “your” and “user” mean Advertisers, Suppliers or both, as relevant in the context.
2 Ownership of content on the site
(a) The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
(b) You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.
3 Information provided
(a) The Content on the Site provides general information only.
(b) The information provided is not intended to replace or serve as a substitute for any professional or expert advice, consultation or service and must not be relied upon as such. You should consult with a professional in the respective professional area and obtain professional advice tailored to your specific circumstances before making any decisions.
4 Becoming a Listed Supplier (Information for Suppliers)
(a) Only Suppliers that are listed on the Site (Listed Suppliers) may provide Services.
(b) To becomes a Listed Supplier you must be registered as a member by providing information requiired by us, paying the appropriate listing fees and complying with these General Conditions at all times.
(c) The amount and conditions of the listing fee are available on the Site, and may change from time to time at our absolute discretion.
(d) We reserve the right to refuse a listing at our absolute discretion.
(e) The following conditions apply in relation to the Listed Supplier services:
(i) we will establish a Supplier web page for you – one page per publication, in the format provided to you on request;
(ii) we will provide you with a user name and password protection allowing you to access and maintain the page, subject to these General Conditions. We are in no way liable for lost or stolen passwords;
(iii) we reserve the right to suspend or terminate a Listed Supplier’s membership at any time and without liability to refund any part of the listing fee, where you are in breach of these General Conditions, you are in breach of law, you have failed to honour a purchase, we have received legitimate complaints from Advertisers, your reputation or business changes, or you have failed to pay us any part of a fee or commission or any other amount you owe to us;
(A) (iv) although we will try to ensure that the Site is accessible to users, we do not warrant that users or potential users will have uninterrupted access to the Site. We will not be liable if the Site is unavailable to users or potential users due to: any events caused by us, whether negligent or not; or
(B) any events beyond our control, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.
(iv) you will maintain secrecy and confidentiality of all username and password information required by you to access the Listed Supplier services and you will immediately notify us if your password has been lost, stolen or compromised in any way;
(v) Creating an offer: By becoming a Listed Supplier you can offer advertising space and other Services to Advertisers by posting the offer details on the Site in accordance with our technical instructions;.
(vi) Offer Purchase: Suppliers agree to accept the buyer of an offer, unless the offer is voided. An offer is voided if the reservation deadline expires without an Advertiser submitting payment to us. The Advertiser's identity will be revealed to you via email from us at the completion of the offer (upon payment by the Advertiser). As soon as the Advertiser's identity is revealed, it is the obligation of the Advertiser and a representative from the Supplier to promptly contact each other to complete the Service;
(vii) you may exercise a right of refusal (referred to in paragraph 5(e)). This must be done by contacting us via email or by responding to any email which notifies you that an Advertiser has purchased a Service initiated as an offer by you; and
(viii) you acknowledge that we will charge the Advertiser for a Service and will receive payment. We will transfer payment to you within a reasonable time, deducting a commission, being a percentage of the total transaction cost notified to you from time to time.
(f) You acknowledge and agree that:
(i) the information published on the Site about your Services are your responsibility. We are not responsible for the information published by you and simply act as a medium for the publication of the information;
(ii) we do not act as your agent or broker;
(iii) we do not act as agent or broker of Advertisers;
(iv) we do not arrange contracts between you and the Advertisers;
(v) we have no right or power to bind either you or the Advertiser in relation to the Services;
(vi) any agreement entered into with a Advertiser as a result of your use of the Site is an agreement between the Advertiser and you;
(vii) we do not provide the Advertisers with any advice in relation to the Services offered by the Suppliers;
(viii) we do not give any warranties in relation to the Services provided by you and will not be liable to you or any third party for any failure, wrong or default in relation to a Service;
(ix) we do not give any warranties in relation to the behaviour of Advertisers or any other users of the Site and will not be liable to you or any third party for any failure, wrong or default on their part and
(x) We will not be responsible for the resolution of any dispute in relation to any agreement formed between you and a Supplier.
5 Goods and services provided by Suppliers (Information for Advertisers)
(a) This Site contains information about Supplier Services.
(b) You acknowledge and agree that any Services (or information about Supplier Services) are offered on or through the Site by Suppliers:
(i) the information published on the Site about the Services are provided by the Suppliers. We are not responsible for the information published by Suppliers and simply act as a medium for the publication of the information;
(ii) we do not act as an agent or broker of the Suppliers;
(iii) we do not act as your agent or broker in relation to the Services provided by the Suppliers;
(iv) we do not arrange contracts between you and the Suppliers;
(v) we have no right or power to bind either you or the Supplier in relation to the Services;
(vi) any agreement entered into with a Supplier as a result of your use of the Site is an agreement between the Supplier and you;
(vii) we do not provide advice to you in relation to the Services offered by the Suppliers;
(viii) we do not give any warranties in relation to the Services provided by the Suppliers and will not be liable to you or any third party for any failure, wrong or default of a Supplier; and
(ix) we will not be responsible for the resolution of any dispute in relation to any agreement formed between you and a Supplier.
(c) Payment for Service: You acknowledge that your purchase of a Service through the Site will be charged by us immediately. We will transfer payment to the relevant Supplier and deduct a commission, being a percentage of the total transaction cost. The commission is a charge to the Supplier not the Advertiser.
(d) Transaction Completion: An Advertiser’s identity is not revealed to the Supplier until it pays us for the Service. Once payment is made by the Advertiser, we will generate an e-mail to the Supplier revealing the Advertiser’s identity and contact information. At this point the Supplier may exercise its right of refusal (set out in paragraph 5(e)). As soon as the Advertiser’s identity is revealed, the Advertiser and the Supplier are responsible for contacting each other to arrange delivery of the Service. It is not our responsibility to arrange Service delivery. Failure by either the Supplier or Advertiser to honour all terms of the contract for the Service may result in temporary or indefinite suspension from the Site
(e) Supplier right of refusal: You understand and agree that a Supplier may refuse your purchase at any time prior to publication of an advertisement or provision of any other Service. If the Supplier exercises its right of refusal, it is your responsibility to contact the Supplier to seek a refund or other information. Suppliers have unique refund policies and you may not be issued a full refund. Although a Supplier may refuse a Service, we recommend Suppliers exercise this right judiciously.
(f) Refunds: We are only responsible for refunds in the case of a credit card payment through the Site that has been incorrectly charged or in the case of a site error that prevents the transaction. Any other refunds should be dealt with directly between the Advertiser and Supplier. Advertisers requesting refunds should contact the Supplier from which the Service was purchased. Any refund will depend on each Supplier’s policy and we will in no way be liable for any refund except as otherwise stated in this paragraph.
6 Access to the Site
(a) You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
(b) You must not access or use the Site or the Content in any manner or for any purpose which:
(i) is illegal or prohibited by any laws that apply to you;
(ii) violates our rights in any way; or
(iii) is prohibited by the General Conditions.
(e) You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your Access.
(f) You must not use the Content for commercial purposes without first obtaining our express written authority.
(g) You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use of any of our trademarks as metatags on other web sites.
7 Disclaimer and limitation of liability
(a) Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site updated.
(b) We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site or as a result of your use of a Service. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
(c) Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.
8 Indemnity
(a) You must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(i) any breach by you of the General Conditions; or
(ii) reliance by you on any information obtained through the Site; or
(iii) your Access to the Site.
9 Copyright
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these General Conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
(b) commercialise any information, products or services obtained from any part of this Site.
10 Trade Marks
(a) Except where otherwise specified, any word or device to which the TM or â symbol is attached, is a trade mark in which we claim proprietary rights.
(b) If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
(i) in or as the whole or part of your own trade marks;
(ii) in connection with activities, products or services which are not ours;
(iii) in a manner which may be confusing, misleading or deceptive;
(iv) in a manner that disparages us or our information, products or services (including this Site).
11 Termination
We may terminate access to this Site at any time without notice. The General Conditions will nevertheless survive any such termination.
12 Governing Law
These General Conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
13 Linking to the Site
You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at links[AT]buyads.com.au. You may, however, establish ordinary links to the homepage of our Site without our written permission. If requested by us, you agree to remove that link. We will only make such request where we are of the view that the link is in some way detrimental to the Site or to us.
14 Advertising and links to other web sites
(a) The Site contains links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.
(b) Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we or they accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.
15 General
(a) We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.
(b) If we waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
(c) If any of the General Conditions are held to be invalid, unenforcable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
16 Dispute resolution
(a) Where a party has a dispute arising out of these General Conditions, it may give written notice to the other party stating the matter in dispute.
(b) Within 7 days of receipt of the notice, the parties’ senior representatives (who have authority to settle the dispute) will meet and seek to resolve the dispute.
(c) If the dispute remains unresolved within 14 days after this meeting, it will be referred to an independent expert appointed by the Institute of Arbitrators and Mediators, Australia for expert determination according to the Expert Determination Rules of the Institute of Arbitrators and Mediators, Australia.
(d) Each party will pay its own costs in relation to the expert determination.
(e) The expert’s costs (including the cost of any advisers or consultants engaged by the expert) will be paid by the parties as determined by the expert.
(f) The determination of the expert shall be final and binding on the parties except:
(i) in the case of fraud or manifest error; or
(ii) where th e amount claimed by a party or determined by the expert is more than $50,000 provided that a party commences proceedings within 42 days of the expert’s decision.
17 Privacy
For information about how we handle personal information, please refer to our Privacy Statement accessible from the Site.