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Terms & Conditions for Advertising on Australian Singles Life
Introduction
Australian Singles Life Advertising is a fee-based service, owned and operated by Newitt Pty Ltd. ("Newitt"), which provides guaranteed and expedited consideration of the applicant's business listing, business link or webpage for inclusion within Australian Singles Life website located at www.australiansingleslife.com.au (the "directory").
Agreement
Australian Singles Life Advertising service (also referred to herein as the "Service") is provided to you the applicant ("Applicant") pursuant to the terms and conditions set forth in this Australian Singles Life Advertising Agreement (the "Agreement").
By completing the service sign up form and clicking the "next" button, you represent and warrant:
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that you are 18 years-of-age or older; |
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that you have and agree to provide true, complete, current and acurate information as required by the sign up form; |
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and you agree to be bound by this agreement. |
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and you are duly authorised |
Description of the Service
In consideration
of your payment and participation in the Australian Singles
Life Advertising service, in accordance with this Agreement,
Newitt agrees that a member of Newitt's editorial staff
will consider your business listing, business link or webpage for inclusion in the directory,
and respond to you within the time-period advertised starting
from the date that Newitt received on its mail servers your
completed application for webpage submission through the
Service (excluding weekends and holidays observed by Newitt
and any delays due to problems with or processing of your
applications). Newitt will advise Applicant by email whether
the Applicant's business listing, business link or webpage has been accepted or declined. Newitt
does not guarantee that your business listing, business link or webpage will be included in
the directory. Newitt reserves the right in its sole discretion
to determine the business listing, business link or webpage selected for inclusion in the directory
and to change, modify, add or delete any or all at any time.
The Applicant acknowledges and agrees that nothing in this Agreement
or the Service obligates Newitt to list, link or otherwise
accept Applicant's webpage in the directory or anywhere
on www.australiansingleslife.com.au or to provide priority placement
for Applicant's business listing, business link or webpage; and if Applicant's business listing, business link or webpage is accepted
for inclusion in the directory, it will be placed in the
manner determined by Newitt. Additionally, if Applicant's
business listing, business link or webpage is accepted for inclusion in the directory, Newitt
reserves the right in its sole discretion to determine Applicant's
listing's title, review and categorisation, and Newitt editors
will retain control over the content and wording of all
business listing, business link or webpage reviews. Newitt also reserves the right, in its
sole discretion, to remove your business listing, business link or webpage from the directory,
move the listing to a different category or subcategory,
and change or remove any keywords, comments or annotations
at any time, for any reason.
Service Fee
The
applicant must remit the relevant advertising fee for each
business listing, business link or webpage submitted. Once Australian Singles Life has recieved
payment and the time-sensitive nature of the Australian
Singles Life review process, having agreed to the Submission
Guidelines and these Advertsing Terms & Conditions,
you are not eligible for a refund. Applicant acknowledges
that he or she will be charged, and hereby expressly agrees
to pay to Newitt the current fee for the Service. Newitt
reserves the right to alter the price of the Service at
any time.
Webpage Inclusion Criteria
In addition
to any other criteria, which Newitt, in its sole and unfettered
discretion, may consider before accepting or declining a business listing, business link or website,
each site submitted for inclusion in the directory through
the Service must meet the following MINIMUM criteria:
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Your
webpage must be in English and for an audience located
in Australia. |
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Your
webpage should contain original content as determined
by Australian Singles Life. |
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Your
website or webpage cannot contain graphic violence, material that infringes on or violates
someone's rights, material that promotes / disseminates
illegal activities, or undue hate speech or material. |
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The
majority of the website or webpage should not be under-construction. |
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The
website or webpage links must be working. |
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Your
website or webpage cannot mirror or redirect to another website. |
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Your website or webpage should load at an acceptable speed. |
Miscellaneous
Integration.
This Agreement sets forth the entire agreement of the parties
with respect to the Service and supersedes all previous
communications, representations, understandings and agreements,
either oral or written, between the parties with respect
to the Service.
Force Majeure.
Neither party will incur any liability to the other party
on account of any loss or damage resulting from any delay
or failure to perform all or any part of this Agreement
if such delay or failure is caused, in whole or in part,
by events, occurrences or causes beyond its reasonable control.
Data Usage.
Applicant acknowledges and agrees that Newitt may use
the information about Applicant on its servers and any registration
information submitted by Applicant in aggregate form for
research and product development, marketing, or other promotional
purposes. Applicant hereby agrees that Newitt has the right
(but not the obligation) to disclose any such information
if Newitt believes such disclosure is needed to comply with
the law or legal process or to protect the rights and interests
of Newitt or others, including to enforce this Agreement.
Notices.
Any notice required or permitted under the terms of this
Agreement or required by law shall be by electronic mail
or in writing, and shall be deemed delivered upon receipt
to the party to whom such communication is directed, at
the addresses specified below. If to Newitt, the email notice
shall be addressed to advertising@australiansingleslife.com.au,
and the written notice to Australian Singles Life Advertising,
P.O. Box 40, Forest Hills, VIC 3131 Australia.
If to Applicant, the notices shall be addressed to the electronic
or mailing address specified in Applicant's Service registration
form, unless otherwise requested by Applicant.
Indemnity.
Applicant agrees to indemnify, defend and hold harmless
Newitt, and its partners, subsidiaries, affiliates, officers,
directors, shareholders, employees and agents, from any
claim or demand, including reasonable attorney's fees, arising
from any third-party claim, demand, action or proceeding,
if resulting from or arising out of any alleged violation
of this Agreement or any alleged violation of any rights
of others or resulting from or arising out of the Service
or Applicant's use thereof or listing therein or the acceptance
or rejection of the webpage submitted by Applicant. Newitt
has the right (but not the obligation), at its own expense,
to assume the exclusive defense and control of any matter
subject to indemnification by Applicant, which shall not
otherwise excuse Applicant's indemnity obligations.
Disclaimer
and Limitation on Liability.
The service is provided on an "as is" and "as
available" basis without warranties of any kind, either
express or implied, including but not limited to warranties
of merchantability or fitness for a particular purpose.
Newitt makes no warranty, express or implied, that the service
will be uninterrupted, undisrupted or error-free.
Neither Newitt, its partners, subsidiaries, affiliates,
officers, directors, shareholders, employees or agents shall
be liable, under any circumstances or legal theories whatsoever,
for any loss of business, profits or goodwill, loss of use
or data, interruption of business, or for any indirect,
special, incidental or consequential damages of any kind
that in any way result from any aspect of the service, including
without limitation, applicant's use of or inability to use
the service or acceptance, rejection or removal of applicant's
suggested webpage, even if Newitt is aware of the risk of
such damages. In no event shall Newitt's liability to applicant
exceed the amount actually paid by applicant to Newitt under
this agreement. Some of the above exclusions may not apply
to you if your jurisdiction does not allow the exclusion
of certain of the above warranties or liabilities.
This agreement and the parties' relationship will be interpreted
and construed in accordance with the laws of the State of
Victoria and the Commonwealth of Australia, without regard
to conflict of law principles, applicable to contracts entered
into and performed entirely within the State of Victoria,
Australia (without giving effect to any conflict of law
principles under Victorian law). The venue for any action,
suit or proceeding arising from or based upon this agreement
or any aspect of the service, including, without limitation,
applicant's use of or inability to use the service or acceptance,
rejection or removal of applicant's suggested webpage, shall
be the appropriate State and Federal Courts located in the
City of Melbourne in the State of Victoria. Accordingly,
applicant and Newitt agree that any action, suit or proceeding
arising from or based upon this agreement shall be commenced
in and determined by those appropriate State and Federal
Courts located in the City of Melbourne in the State of
Victoria. In connection with the foregoing, applicant and
Newitt each agree to submit to and be bound by the jurisdiction
of the appropriate State and Federal Courts located in the
City of Melbourne in the State of Victoria, in the Commonwealth
of Australia.
Severability.
If any term, condition or provision in this Agreement
is found to be invalid, unlawful or unenforceable to any
extent, such invalid term, condition or provision will be
severed from the remaining terms, conditions and provisions,
which will continue to be valid and enforceable to the fullest
extent permitted by law. Applicant agrees that no action
related to this Agreement or the Service or Applicant's
listing in the directory may be brought more than one year
after delivery of the Service giving rise to such cause
of action.
Section Titles.
The section titles in the Agreement are for convenience
only, and shall have no effect on the interpretation of
any part or provision, regardless of the title heading under
which the part or provision is allocated. |
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