PrestigeWay Advertisement Purchase Policy

Advertisement Purchase Policy

The following Purchase Policy ("the Policy") is designed to ensure your satisfaction and understanding of the purchase process of placing an advertisement on the Prestige Way.com.au website ("Site") operated by Prestige Labs IP Pty Ltd ("Prestige Way"). If you have any questions about the information below, please contact us. This Policy is subject to, and incorporates by reference, the Terms of Use (insert hyperlink) of the site. By using or visiting this Site, you agree to be bound by these Terms of Use. This Policy applies to the publication of Prestige Way of advertisements submitted by you or the person named and described in the advertisement online order form ("the Advertiser"). These advertisements will be placed on Prestige Way's Site once received and approved by Prestige Way.

Placing an advertisement on Prestige Way

To place a "advertisement" on this site, the Advertiser must:
1.) complete and submit to Prestige Way an online order form in the required format (insert hyperlink) which constitutes an offer to Prestige Way and may be accepted or rejected by Prestige Way in its absolute discretion;
2.) provide Prestige Way with any gif/jpg/FLV/Flash files, instructions for links to relevant websites and any design instructions, for the advertisement; and
3.) upon submission of the online advertisement form, pay the full prescribed fee to Prestige Way by credit card or by an electronically debited monthly payment from a nominated account.

Completing an Online Advertisement Order

The Advertiser must:
1.) provide all information required by Prestige Way (including photographs or files where necessary) in the format requested by Prestige Way;
2.) comply with this Policy and
3.) obtain permission from the owner of copyright to any third party material incorporated into the advertisement, including position and placement of the advertisement.
Notwithstanding anything within this Policy, Prestige Way will have absolute editorial control in relation to the advertisements, including position and placement of the advertisement.

What the Advertiser Must Not Do:
The Advertiser must not submit to Prestige Way for publication on its Site, any advertisement which:
1.) does not comply with all relevant laws, common law or regulations (including relevant industry regulations, standards of practice or codes of conduct);
2.) infringes intellectual property rights of any person or entity;
3.) is obscene, offensive, defamatory or in any way unsuitable for people under the age of 18 years;
4.) comprise anything that can be used for any purpose of activitiy of an illegal, fraudulent or defamatory nature;
5.) is misleading or deceptive or likely to mislead or deceive; or
6.) which comprises anything that may adversely reflect on Prestige Way.

Publication of Advertisements

Prestige Way will not be bound to publish any advertisement submitted by the online application by you until Prestige Way accepts your order. Acceptance of an order is manifested in the publication of the advertisement and by your receipt from Prestige Way of written confirmation of acceptance of your advertisement. Payment by you to Prestige Way for the advertisement must be confirmed and cleared by Prestige Way before any advertisement is displayed on the Site. Prestige Way reserves its right not to publish any advertisement where it is, in the opinion of Prestige Way, not in the interest of the Site, or contains a link to another website.

Disclaimer

While every endeavor will be made by Prestige Way to publish advertisements as ordered and accepted, Prestige Way will not be liable for misplacement, amendment or omissions or failure to publish an advertisement in the form ordered by you for any reason, including any act or omissions on the part of Prestige Way, its employees or agents. Prestige Way may refuse or withdraw any advertisement from publication on its Site at its own discretion without notice at any time.

Cancellation of Advertisements

There will be no refund from Prestige Way in relation to advertisements accepted and placed on the Site, once an order has been placed and confirmed. Although the advertisement cannot be cancelled and no refund will be given, you can discontinue the publication of your advertisement by contacting Prestige Way in writing via email at (insert email address). Prestige Way can, however, at its absolute discretion:
1.) decide to refund to the Advertiser the prescribed fee (or any part of it) for the advertisement if Prestige Way believes such refund is warranted; and/or
2.) decide to run an advertisement for free for a designated time period chosen by Prestige Way.

Copyright

on the acceptance and publication Prestige Way of the advertisement, you hereby assign to Prestige Way all intellectual property rights in the advertisement.

Advertisement Confirmation

once you have placed an online order, you will receive a confirmation email from Prestige Way. If you do not receive a confirmation email within 24hrs after submitting the online order form and payment information, or if you experience an error message or service interruption after submitting the online order form or payment information, it is your responsibility to confirm with Prestige Way whether or not your order has been placed. Only you may be aware of any problems that may have occurred during the online purchase process and Prestige Way will not be responsible for any losses (monetary or otherwise) if you assume that an online order was not placed because you failed to receive a confirmation email.

Payment

All payments of the prescribed fee for the advertisement are to be in Australian dollars at the rate and in the manner specified in the online order form. The prescribed fee for your advertisement as stated in the online order form is GST inclusive. Prestige Way accepts several methods of payments to accommodate your needs including (American Express, Mastercard, and Visa), as well as an electronically debited monthly payment from an account nominated by you, for which we require a properly completed authority in the required form. Prestige Way will provide you with a tax invoice upon any online order for an advertisement being accepted and published on the Site. This tax invoie will be provided to you via email. You will still have to pay the prescribed fee, and will be entitled to no refund, where an advertisement is not published by Prestige Way due to a breach of this Policy or the Terms of Use of this Site by you or where an advertisement is not published due to your failure to provide sufficient information to Prestige Way.

Disclaimer and Indemnity

The Advertiser agrees to indemnify and hold harmless Prestige Way, its employees, contractors and agents against all liabilities, actions, claims, demands, losses, damages, costs and expenses (including legal costs on a "solicitor and client"/indemnity basis) arising out of any breach of this Policy by the Advertiser, and willful, unlawful or negligent act by the Advertiser, or the publication by Prestige Way of the advertisement or any material supplied by the Advertiser. Except as otherwise stated in this Policy, Prestige Way will be under no liability to the Advertiser in respect of any loss or damage (including, without limitation, for pure economic loss) which may be suffered or incurred or which may arise directly or indirectly in respect of the services supplied pursuant to this Policy or in respect of any failure or omission on the part of the Site to comply with its obligations under this Agreement or any negligent act or omission by Prestige Way.

Where Vehicle Sold Through Another Site

Where the Advertiser places an online order with Prestige Way for an advertisement to be placed on the Site, but also places furhter advertisements with other publications or websites, and the vehicle the subject of the advertisement is then sold prior to the advertisement being advertised on the Site, no refund (or part refund) will be given or payable by Prestige Way.

No Warranty

To the extent permitted by law, Prestige Way disclaims all warranties with regard to the advertisement placed by you on the Site and your use of the Site, including all implied warranties of merchantability and fitness. In no event shall Prestige Way, its contractors agents or employees be liable for any loss, costs, expense or damages whatsoever (including, but not limited to, special, indirect, consequential, incidental, damages for loss of profits, business interruption and loss of, or unauthorised access to, information) arising out of or in connection with the use of performance of the Site, the placement of the advertisement of the negligence of Prestige Way, it officers, employees or agents, whether in contract, at common law or in equity, or on any other basis even if Prestige Way has been advised of the possibility of such damages. To the extent that any warranties which are implied by law cannot be excluded or modified, including those warranties that may be implied by the Trade Practices Act 1974 (Cth), the Fair Trading Act 1989 or similar State or Territory legislation, the total liability of Prestige Way for any breach of any such warranty, shall be limited at Prestige Way's option, to any one or other of the following:
1.) to supply the services again; or
2.) payment of the cost of having the services supplied again.

Governing Law

This policy is governed by and construed in accordance with the laws in the State of Queensland, Australia. In the event that a dispute arises from this Purchase Policy, you agree to submit to the exclusive jurisdiction of the Courts of Queensland, Australia.

Any rights no expressly granted within this Policy are reserved by Prestige Way.