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OZ- E- Advertising Pty Ltd – General Terms of Use

General Terms of Use

www.isuggest.com.au is a website of OZ-E-Advertising Pty Ltd (“We”, “our” and “us” in these General Terms of Use ).

By accessing the site, www.isuggest.com.au (“the web site”), and using the service offered by us, you represent that you have read and agree to be bound by these Terms of Use which is set out below.

Your access to and continued use of our web site and our services made available via our web site (“Services”) are subject to your agreement and continued compliance with:-
(a) these terms of use; and
(b) our Privacy Policy; and
(c) our Copyright and any Trade Mark Notice; and
(d) any other terms contained or published on our web site from time to time, whether or not you become a registered user of www.isuggest.com.au

Requirements

1.1 That you undertake to use our web site and services in a responsible manner in accordance with these Terms of Use.
1.2 If you are under 18 years of age, you must obtain a parent or guardian's consent prior to using our web site or the Services and supervision while using our web site or the Services is required and implied.
1.3 You acknowledge that the Member ID is issued to you for the purposes of accessing our web site and for using our Services. Any other use of your Member ID is prohibited. You are solely responsible for all actions using your Member ID. We are entitled to rely solely on your Member ID as conclusive evidence of your identity and authority without further investigation. You are solely responsible for any loss caused by the use of your ID by you or any other person.

Prohibited Activities

2. You must not:
(a) Use our web site or services for any activities or post or transmit to or via our web site, any information or materials with breach any laws or regulations, infringe a third party’s rights, or to advocate, aid or abet, counsel, incite or instruct another person to breach any laws or regulations or infringe a third party’s rights;
(b) Use our web site or services in a way or post to or transmit to or via our web site, any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying our web site or services;
(c) Knowingly make any fraudulent, unauthorised or speculative enquiries, requests, claims, bookings, reservations, solicitations or other representations using our web site or services;
(d) Use another’s name, username or password, or in any other way attempt to impersonate another person;
(e) Post, or transmit via our web site or services, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(f) Tamper with, hinder the operation of or make unauthorised modifications to our web site or services;
(g) Knowingly transmit any virus or other disabling feature to or via our web site or services;
(h) Assign or transfer your Member ID, rights or benefits under these terms of use to any other person or entity without our prior written consent.

Third Party Content

3. 1. Services may be the products, services and information of third parties. Third party products, services and information are not necessarily provided or endorsed by us and your legal relationship is with the Third Party Supplier.
3.2. We do not guarantee the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties and no such guarantee should be implied. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via this web site or our services. You should check with the third party supplier whether there are terms which may apply.
3.3. We do receive fees from third parties for products and services of such third parties displayed or made available on our web site or services or accessible through a hyperlink on our website or services. You acknowledge and consent to us receiving such fees.

Products/Services and Prices

4. Products, services and prices are subject to change without notice.

Forums

5. 1. We provide a discussion forum on our web site. We may modify or delete any message sent to you or by you if we deemed it inappropriate or in any way breaches the Terms of Use. If messages are modified or deleted, there is no obligation to notify you or the recipient of the message, and we may at our discretion issue warning notices to users in breach of the terms of use.
5.2. We may need from time to time to send you important message about our Services. Your consent to receive such messages is implied.
5.3 Without limiting the grounds on which we may terminate your access to our web site or the Services under these Terms of Use, we may terminate your access to Services for any reason, at any time with or without notice and/or explanation.
5.4. By entering the forum and using the service offered by us you represent that you have read and agree to be bound by the terms of Use of the forum.

Security

6.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and us. We are not responsible for any information you may lose if our servers terminate your browser session due to prolonged periods of inactivity between your browser and our web-site or the Services servers.
6.2 You must comply with all directions issued by use or our staff or agents pertaining to use of your Member ID and access to our web site or the Services. You will be responsible for providing the computer, hardware, software and all other equipment necessary to access the Internet and you must not send or disclose your Member ID to any other person or entity or store it in a manner that would reasonably allow another person or entity to obtain access to the Member ID, except as specified in clause 6.3 below. If you choose to use a workplace email address to access the Services, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.
6.3 You must not keep your Member ID in any form, whether encoded or unencoded, in a location where it is capable of being copied or used by any person or disclose your Member ID to any other person.
6.4 You must immediately notify use if you become aware:
(a) that your Member ID has been compromised or is known to a third party; or
(b) of any unauthorised use of your Member ID; so we can take steps whatever steps are with within our control to deactivate the Member ID and issue you with a new Member ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under this agreement.
6.5 We do not guarantee:
(a) the security of the Services or any systems used in accessing the Services;
(b) any information passed through such systems; or
(c) access to the our services or any systems used in accessing our services will be continuous or error free.

Communications

7. You acknowledge that you are solely responsible for ensuring that your contact details for the service are current (including your email address) and your email service is operational and that you check your emails regularly. If we send you an email to the email address you have provided to us, you are deemed to have received the email and we are not obliged to take any further action to confirm your receipt.

Indemnity

8. You indemnify us and any officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of our web site or the Services by you or someone using your name and password and personal information.

Disclaimer and limitation of liability

9.1 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through the use of our web site or the Services, any failure to provide our web site or the Services, including a messaging service, or in connection with any products, services or information supplied, offered to be supplied or advertised via our web site or the Services.
9.2 To the extent permitted by law, all warranties, conditions and representations about our web site or the Services, the availability of our web site or the Services for access and use, the products and services advertised, offered to be supplied or supplied via our web site or the Services and the information provided on our web site or the Services are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use.
9.3 You acknowledge that you have not relied on any representation made by us which has not been stated expressly in these Terms of Use. We may change these Terms of Use and any other information relating to the Services, including prices, at any time and your subsequent use of your Member ID will be governed by the varied Terms of Use.
9.4 While we have attempted to make the information in this and other associated documents as accurate as possible, it gives no guarantee as to the accuracy or currency of any individual item in the information base.
9.5 We give no guarantee as to the accuracy or currency on web sites which are linked from this web site. Users requiring confirmation should refer to the relevant site owner.
9.6 Information provided about any Services are an expression of intent only and are not to be taken as a firm offer or undertaking. We reserve the right to discontinue or vary such Services or intentions.
9.7 The views and opinions of authors expressed on this web site do not necessarily state or reflect ours or its members. Reference to any product, process, service, organisation or cause or the presence of a link from this site to another site does not necessarily constitute or imply endorsement or recommendation of us or its members and no such endorsement or recommendation should be inferred.
9.8 The laws, regulations and ordinances applicable to this web site are those of the Commonwealth of Australia and the State of Queensland. We endeavour to comply with all known legal and ethical requirements in compiling this web site and the Services offered.

Use of your information and material

10. When you send us any feedback, suggestions, ideas or other materials in relation to or via our Web site or the Services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

Business sign up

11.1. Upon signing up a business, you hereby agree that your business listing is subjected to a 14 day trial period. When the trial period has expired you are to pay the agreed amount of $199 for an annual year’s subscription to list your business on our website.
11.2 Upon signing up for partner link advertising, you hereby to pay the agreed amount to list your business with our website’s term and conditions.

Payment of Fees

12.1. If at any time you fail to pay the full instalment outside 30 days of the due date, your isuggest advertisement will be suspended and removed from the website for a further 60 days. The unpaid instalment fee will accrue daily interest at a rate of 5% to cover the cost of web hosting. If you have not paid the instalment fee plus interest by the end of the 60 day period, your advertisement will be permanently removed from our web site.
12.2 You hereby agree to pay interest at the daily rate of 5% together with legal or other recovery fees on an indemnity basis should same be incurred by us in collecting payment of outstanding fees.

Termination

13. If, in our reasonable opinion, you breach any of these Terms of Use, we may limit, suspend or terminate your access to our web site or the Services and terminate the Terms of Use effective immediately. We reserve the right to cancel your Member ID and/or to discontinue access to one or more of the Services at any time for any reason, without notice and/or explanation.

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