All Advertisers agree to be bound by the Terms & Conditions set out on www.pinkpages.com.au, terms and conditions agreed to over the phone as well as these additional terms and conditions, as applicable.
The terms that apply to your Contract and Service are set out in:
these terms including any attachments;
the approved and authorised order form or equivalent contract, over the phone with a sales person or otherwise;
where applicable; the commercial credit application;
any advertising rules and/or guidelines which apply to your Service; and
any equivalent approved and authorised document received by Locafy Ltd.
These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on www.pinkpages.com.au or otherwise issued by Locafy Ltd.
Locafy Ltd., in its sole discretion, may vary these terms and conditions at any time without notice.
The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by Locafy Ltd.
The Contract will continue automatically for successive follow-on terms unless and until it is terminated in accordance with clause 6.
Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by Locafy Ltd. without any prior warning or notice.
The changes will be effective as soon as they have been posted on the Website.
You should 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 Pink Pages Online after any modifications indicates you have accepted the new terms and conditions.
Locafy Ltd. takes no responsibility for any of the Advertiser Material.
Locafy Ltd. will determine the utilisation of all keywords, categories and other material used to describe or categorise a business listing for all purposes relating to the Directory.
Locafy Ltd. may remove, revise or refuse to publish any Advertiser Material.
Locafy Ltd. 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 Locafy Ltd.;
The Advertiser acknowledges and agrees that Locafy Ltd. may provide the Directory from time to time to other commercial enterprises including for publication on another website. Locafy 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 Locafy Ltd. The Advertiser acknowledges and agrees that:
The failure of an 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;
Locafy 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
Locafy 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.
Invoicing and payment:
Upon receipt of the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract by Locafy Ltd., the Advertiser will be issued with a tax invoice inclusive of GST. Payment is required as set out in clause 5.1.f
The Advertiser must pay all fees and charges as set out in an approved and authorised order form, as stated over the phone by a sales person or equivalent contract upon receipt of a tax invoice on the payment dates set out in that document.
Locafy Ltd. reserves the right to make changes to the prices at any time, on 30 days notice to the Advertiser
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.
The Advertiser is expected to adhere to the payment terms and payment method agreed to on the order form, as agreed to over the phone with a sales person, or equivalent document.
Payment methods and payment terms accepted by Locafy Ltd. are as follows: credit card and direct debit are cash on day of invoice; cheque and electronic funds transfer are strictly 30 days from date of tax invoice. Customers paying by cheque or electronic funds transfer are required to fill out a credit application refer to clauses 5.1.j and 5.1.k.
Should the Advertiser elect to pay by credit card then Locafy Ltd. reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original 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.
Should the Advertiser's account exceed Locafy Ltd.'s payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor's fees and any out of pocket expense will be the liability of the Advertiser.
If the Advertiser at anytime exceeds Locafy Ltd.'s payment terms and as a result is passed on for collection and or legal action Locafy Ltd. may place a default against the Advertiser with a credit reporting agency.
For those Advertisers applying for a commercial credit account the payment terms will be 30 days from invoice date.
Approval of a commercial credit account is subject to the assessment of the Advertiser's credit worthiness and ability to meet Locafy Ltd.'s terms and conditions.
In consideration of Locafy Ltd. having agreed at the directors' request to supply its services and to give credit to the Advertiser, the directors unconditionally and irrevocably guarantee, jointly and severally, the due and punctual payment to Locafy Ltd. on demand of all monies now or in the future payable to Locafy Ltd. by the Advertiser.
This guarantee shall be a continuing guarantee and shall not be affected by any payment of monies or settlement of account, Locafy Ltd. granting time or any other indulgence to the Advertiser or any other person; any arrangement between Locafy Ltd. and the Advertiser or any other person, Locafy Ltd. failure or neglect to recover monies, any lack of power on any director's part to give this guarantee; release, discharge or transfer of any security held by Locafy Ltd.; any director not executing this guarantee; or any other event, act or omission on Locafy Ltd.'s part whatsoever. This guarantee is a principal obligation and is enforceable. Notwithstanding that the monies guaranteed are irrecoverable from the buyer.
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, the Advertiser is in breach of this Contract and Locafy Ltd., without notice to the Advertiser and without affecting any other rights, may terminate this Contract according to clause 6 and/or suspend provision of the services.
Confidential account information: The Advertiser acknowledge and agree: (a) where the Advertiser is a partnership, by each of its partners: (b) where the Advertiser is a company, by each of its directors that:
Locafy Ltd. may, at any time, in relation to either the advertiser, a partner or director:
disclose information contained in this Commercial Credit Application and or order form, including verbal order form, concerning that person to:
a credit reporting agency in accordance with section18E (8)c of the Privacy Act 1988(Cth);
another credit provider;
obtain a credit report from another credit provider about that person's credit worthiness;
disclose information to another credit provider about that person's consumer credit worthiness;
use information that concerns that person's commercial activities or commercial credit worthiness pursuant to Section18L(4) of the Privacy Act 1988(Cth) following the receipt of a credit report for the purpose of assessing the Commercial Credit Application;
disclose a report, including a verbal report, concerning that person, or any information derived from such a report, to another credit provider who requests the report or information for the purpose of assessing an application by that person for credit:
disclose this information to our Solicitors or Collection Agency in the event of the account being delinquent in accordance with Section 18K(1)g.
A credit reporting agency in possession or control of a credit information file relating to either the applicant or a partner or director of the applicant may disclose personal information contained in the file to Locafy Ltd.:
pursuant to Section 18K(1)b of the Privacy Act 1988(Cth)
pursuant to Section 18K(1)c of the Privacy Act 1988 (Cth). Terms 1a & 1b apply equally to the reassessment of an account in accordance with Section 18E(8)c of the Privacy Act 1988.
This Contract may be terminated in the following ways:
At any time the Advertiser and Locafy Ltd. agree in writing;
By one (1) month written notice after the initial term of the original contract;
By Locafy Ltd. without notice if :
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 Locafy Ltd. to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy; or
clause 5.2 is invoked at which time all outstanding fees and charges will be immediately due and payable.
Nothing prevents Locafy 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 Advertiser at anytime exceeds the companies payment terms and as a result is passed on for collection and or legal action Locafy Ltd. may place a default against the advertiser with a credit reporting agency.
If the Advertiser wants to terminate their Contract within the period of the term of the Contract then the Advertiser must do the following:
Give one (1) month written notice.
The Advertiser acknowledges that any cancellation request received within the contract period will incur a cancellation fee equaling the balance of the remaining contract.
A cooling off period of five (5) days will apply to all Contracts where an advertiser may cancel their booking. No cancellation fees will be incurred as a result of cancellation.
If Locafy Ltd. is the cause of any error or omission in the Advertiser material and the Advertiser suffers loss or damage as a result, Locafy Ltd.'s 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 Locafy Ltd. against any successful claim by any third party against Locafy Ltd. in respect of any matter arising from the operation, use, transfer of data or money to and from Locafy Ltd. by the Advertiser.
By lodging material including electronic material or data for publication or authorising or approving the publication of any material with Locafy Ltd., the Advertiser indemnifies Locafy 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 Locafy Ltd. and its directors, employees and agents against any claims arising from:
defamation, libel, slander of title;
infringement of copyright;
infringement of trade marks or names of publication titles;
breach of trade practices, privacy or fair trading legislation; and
violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.
Advertiser indemnity: The Advertiser indemnifies Locafy 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 Locafy Ltd. without the prior written consent of Locafy Ltd.
All intellectual property in relation to material included on the Website belongs to Locafy 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, Locafy 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 material Locafy Ltd. relating to the maps included on or linked to the Website are the copyright of the mapping provider.
Locafy 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.
10.3 Calls to and from Locafy Ltd. may be recorded for training or monitoring purposes.
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 Locafy Ltd. under this Contract must be served personally by post, facsimile or email to Locafy Ltd. at: Attention: Pink Pages Customer Service Department
P.O. Box 6073
North Sydney NSW 2159
Email: [email protected]
includes a corporation;
means calendar month;
means the business or their authorised representative (including an advertising agency) that has entered into an agreement with Locafy Ltd. in relation to the inclusion on the Website of listing or other advertising content, including through the use of this website to upload information into the Directory;
means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be;
has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in Company Contracts are inclusive of GST.
means: in relation to the initial term, the date of receipt by Locafy Ltd. in cleared funds of the Advertiser's payment of all fees and charges; and in relation to the follow-on term, the first day of the follow-on term being the date on which the then applicable charges and any further fees that are due and payable;
means such of Locafy Ltd. products or services purchased by the Advertiser as indicated in the invoice from time to time;
means users of the Website including, where appropriate, Advertisers.