PrestigeWay Terms and Conditions of Advertising
1. INTERPRETATION
In these Terms:
1.1. "Advertising" means all advertising submitted by the Customer and includes images, videos, sound, text, flash files or any other media content submitted for publication;
1.2. "Agreement" means any agreement between PrestigeWay and the Customer for the provision of Services;
1.3. "PrestigeWay" means Prestige Way IP Pty Limited ACN 131 157 456;
1.4. "Consequential Loss or Damage" means loss of profits, revenue, use or opportunity and any remote or indirect form of loss or damage;
1.5. "Goods" means all goods including consumables sold and/or delivered by PrestigeWay to the Customer from time to time;
1.6. "GST" means the Goods and Services Tax imposed by A New Tax System (Goods & Services Tax) Act 1999 and any related act and/or regulations;
1.7. "Services" means the publication of Advertising on the Site by PrestigeWay from time to time; and
1.8. "Service Charges" means the moneys charged by PrestigeWay for the provision of the Services;
1.9. "Site" means www.prestigeway.com.au or such other website or websites operated or hosted by PrestigeWay;
1.10. "Terms" means these Terms and Conditions of Advertising.
2. APPLICATION
2.1. These Terms apply to the provision of Services to the Customer by PrestigeWay but not to the use of the Site which will be governed by the Terms and Conditions of Use of PrestigeWay. The Customer acknowledges having received a copy of the Terms and Conditions of Use together with the Terms.
2.2. No amendment, alteration, waiver or cancellation of these Terms is binding on PrestigeWay unless confirmed in writing by PrestigeWay.
2.3. The Customer acknowledges and agrees that no employee or agent of PrestigeWay may make any representation, warranty or promise in relation of the Services other than as contained in these Terms.
3. VIOLATION OF THESE TERMS
Any violation of these Terms, including any unauthorised or unlawful use of the Site, may be investigated, reported to law enforcement authorities and appropriate legal action may be taken against the Customer by PrestigeWay. This legal action includes, without limitation, any civil, criminal or injunctive remedy available to PrestigeWay.
4. NO UNLAWFUL OR PROHIBITED USE
4.1. As a condition of the Customer´s use of the Site, the Customer warrant to PrestigeWay that it will not use the Site for any purpose that is unlawful or prohibited by these Terms.
4.2. Any illegal or unauthorised use of the Site constitutes a violation of these Terms. The Customer does not have the permission to access the Site in any way that violates, or in the course of using the Site, violates these Terms.
5. PROVISION OF INACCURATE OR DECEPTIVE INFORMATION
5.1. As a condition of the use of the Site, the Customer agrees that the Customer will not provide inaccurate or deceptive information when completing forms and using the Site.
5.2. The Customer represents and warrants that all information it provides will be true, complete and correct and the Customer also acknowledges that complying with laws is the Customer´s responsibility, and the Customer agrees not to hold PrestigeWay liable for its failure to comply with any law or PrestigeWay´s failure to notify the Customer of, or properly apply, any law.
5.3. PrestigeWay will comply with law enforcement agencies and may provide them with all information the Customer submits to PrestigeWay to assist in any investigation or prosecution that they may conduct.
5.4. By entering the Site, the Customer agrees to indemnify and hold harmless PrestigeWay for any damage, loss, costs or expenses that PrestigeWay may suffer if any of its information supplied is incorrect or untrue.
6. LOGIN AND PASSWORD
6.1. A password or login (if any) issued by PrestigeWay to the Customer for use on the Site such password or login must be kept confidential by the Customer at all times.
6.2. The Customer agrees to immediately notify PrestigeWay should its login or password be used without the Customer´s authorisation.
6.3. The Customer agrees that PrestigeWay is not responsible and will not be held liable for any loss, damage or inconvenience caused by its failure to keep its password and login confidential. PrestigeWay is entitled to assume, and the Customer fully indemnify PrestigeWay for any such assumption, that information provided to PrestigeWay using the Customer´s password and login is accurate.
7. MODIFICATION OR CLOSURE OF THE SITE
7.1. PrestigeWay reserves the right in its sole and absolute discretion to change the design, functionality and content of any part of the Site from time to time without notice.
7.2. PrestigeWay may, at its sole discretion and without any liability to the Customer, close down the Site for any reason.
8. ACCESSIBILITY AND DISCLAIMER
8.1. The Site and the materials displayed on it may not be accessible from time to time due to an act of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, or lack of telecommunications equipment or facilities and failure of information technology or telecommunication equipment or facilities.
8.2. The Customer agrees that it will not hold PrestigeWay liable for any such act of God or force majeure event, and it hereby release PrestigeWay from any claim, liability or responsibility arising from such an act of God or force majeure event.
8.3. PrestigeWay does not promise or warrant that the Site will be error-free or uninterrupted. The Site and its contents are delivered to the Customer on an ´as is´ and ´as available´ basis only.
8.4. The Customer acknowledges and accepts that the information contained on the Site:
8.4.1. may include technical and other inaccuracies; and
8.4.2. is subject to change at any time and may not necessarily be up to date or accurate at the time the Customer views it.
8.5. The Customer should enquire with PrestigeWay directly to ensure the accuracy and currency of the material it seeks to rely upon.
9. PUBLICATION OF ADVERTISING
9.1. Subject to these Terms, PrestigeWay will use its reasonable endeavours to publish Advertising in the format submitted by the Customer and in accordance with the placement instructions of the Customer.
9.2. The Customer grants PrestigeWay a worldwide, royalty-free, nonexclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form and in any medium.
9.3. The Customer warrants that it has the right and authority to grant PrestigeWay the licence referred to in this clause 9.2.
10. RIGHT TO REFUSE ADVERTISING
10.1. Neither these Terms nor any written or verbal quotation by PrestigeWay represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between PrestigeWay and the Customer when PrestigeWay accepts the Advertising in writing or generates a tax invoice for that Advertising.
10.2. Even if a contract has been formed in accordance with the above clause, PrestigeWay reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by PrestigeWay).
11. RIGHT TO VARY FORMAT AND PLACEMENT
11.1. PrestigeWay reserves the right;
11.1.1. to vary the placement of Advertising within a particular section of the Site; and
11.1.2. to change the format of the banner advertisement.
11.2. PrestigeWay will endeavour to notify the Customer of any such changes. However, except in accordance with clause 12, PrestigeWay will not be liable for any costs, expenses, losses or damages suffered or incurred by the Customer arising from PrestigeWay´s failure to publish Advertising in accordance with the Customer´s request.
12. SUBMISSION OF ADVERTISING
12.1. The Customer warrants to PrestigeWay that the Advertising and the publication by PrestigeWay of the Advertising does not breach or infringe:
12.1.1. the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent legislation;
12.1.2. any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
12.1.3. any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
12.1.4. State or Commonwealth anti-discrimination legislation;
12.1.5. the Privacy Act (Cth);
12.1.6. any financial services law as defined in the Corporations Act 2001(Cth); or
12.1.7. any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
12.2. The Customer warrants that in respect of Advertising that contains the name or photographic or pictorial representation or video or voice of any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
12.3. The Customer must not submit Advertising for publication that contains contact details for the Customer unless those contact details include the full name and street address of the Customer. Post office box and email addresses alone are insufficient.
12.4. If the Customer submits Advertising that looks, in PrestigeWay´s opinion, like editorial material, PrestigeWay may publish the Advertising under the heading ´Advertising´ and with a border distinguishing it from editorial.
12.5. PrestigeWay will endeavour to take reasonable care of Advertising material in its custody and control, but will not be responsible for any loss or damage to Advertising material (even if caused by PrestigeWay´s negligence).
12.6. If the Customer submits Advertising material electronically, the material must comply with PrestigeWay´s specifications. PrestigeWay may reject the Advertising material if it is not submitted in accordance with such specifications.
12.7. Advertising material delivered digitally to PrestigeWay will only be accepted if the file includes the correct PrestigeWay booking identification number.
12.8. PrestigeWay is not liable for any loss, damages or liabilities arising from a failure of the internet or any telecommunications structure.
12.9. The Customer acknowledges that PrestigeWay may at its discretion include additional features or inclusions such as third party advertisements within Advertising.
13. ERRORS
13.1. The Customer must promptly:
13.1.1. check proofs of Advertising, if these are provided to the Customer by PrestigeWay; and
13.1.2. notify PrestigeWay of any errors in the proofs or any published Advertising.
13.2. PrestigeWay does not accept responsibility for any errors in Advertising placed over the telephone.
14. TERMS OF PAYMENT
14.1. The Customer must pay the Service Charges.
14.2. Payments must be made in full, without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement to the Customer.
14.3. Payments must be made within thirty (30) days of the date of invoice in cash or cleared funds.
14.4. In the absence of any specific written direction to the contrary, payments will be credited against the oldest outstanding account of the Customer with PrestigeWay to the most recent.
14.5. The Customer cannot set-off from any payment, any counter-claims that the Customer may have against PrestigeWay.
14.6. Interest is payable on all overdue accounts calculated on a daily basis at the rate of interest equivalent to the Commonwealth Bank of Australia´s corporate overdraft reference rate as at the final date of payment plus 2% until full payment is received by PrestigeWay.
15. GOODS AND SERVICES TAX
15.1. GST is not included in the quoted price.
15.2. Where GST is imposed on PrestigeWay in respect of the supply of Services then the Customer must pay PrestigeWay the amount of such GST in addition to the quoted price.
15.3. PrestigeWay must give the Customer written notice of the amount of any GST payable under this clause and provide a tax invoice showing the amount of GST payable.
16. PRESTIGEWAY´S LIABILITY LIMITED
16.1. PrestigeWay is not subject to, and the Customer releases PrestigeWay from any liability (including but not limited to Consequential Loss or Damage) arising from any delay in delivery or fault or defect in the Services.
16.2. If any statutory provisions under the Trade Practices Act 1974 or any other statute(s) apply to the Agreement then, to the extent to which PrestigeWay is entitled to do so, PrestigeWay´s liability under the statutory provisions is limited, at PrestigeWay´s option, to:
16.2.1. re-supply of the Services; or
16.2.2. refund of moneys paid by the Customer to PrestigeWay; or
16.2.3. supply of equivalent Services, and in either case, PrestigeWay will not be liable for any Consequential Loss or Damage or any other direct or indirect loss or damage.
17. PRIVACY POLICY
17.1. PrestigeWay believes that the privacy of all Customers of the Site is important and these Terms are subject to PrestigeWay´s Privacy Policy, which is hereby incorporated by reference.
17.2. PrestigeWay collects the Customer´s personal information to provide the Advertising to the Customer and for invoicing purposes. PrestigeWay may disclose this personal information to its related companies, to credit reporting agencies and other third parties as part of provision of the Advertising. Where the Customer has an overdue account, PrestigeWay may disclose personal information to debt collection agencies to recover the amount due.
17.3. PrestigeWay will not be responsible or otherwise liable for any use or disclosure of the Customer´s contact information or financial information by a third party (if any) to whom PrestigeWay is allowed to disclose the Customer´s contact information under the Privacy Policy.
17.4. Information that is posted to the Site will not be the subject of the Privacy Policy and may be publicly displayed and disclosed and otherwise used by PrestigeWay or any third party in any way. By placing an order with PrestigeWay for advertising, the Customer authorises PrestigeWay to use or allow others to distribute, reproduce or otherwise use such information.
18. NO CONSIGNMENT
18.1. PrestigeWay does not consign motor vehicles nor is it involved in any part of the sale process in respect of any vehicle advertised on the Site.
18.2. The Site is a medium for advertising only.
19. COPYRIGHT AND TRADEMARK NOTICES
19.1. Subject to clause 19.2, the materials displayed on the Site, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, are the property of PrestigeWay are protected by copyright, trademark and other intellectual property laws. Any such content may be copied and/or printed solely for the Customer´s personal, non-commercial use only.
19.2. Any material, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials and names, logos and trademarks which appear on the Site that is not the property of PrestigeWay, is the property of its respective owners and PrestigeWay has obtained permission to display those items of the Site. Permission obtained does not extend to Customers or viewers of the Site and the Customer is expressly denied consent to sell, transmit, circulate, display or forward to third parties, in whole or in part, any such content.
19.3. The Customer agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of PrestigeWay. Unless such consent is provided, PrestigeWay does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Site or in the Customer interface of the Site.
20. INDEMNITY
The Customer agrees to indemnify and hold harmless PrestigeWay and its officers, agents, employees, contractors and principals, from or in respect of any loss, liability, cost (including legal costs on a "solicitor and client"/indemnity basis), expense, damages (including pure economic loss), cause of action, claim or demand suffered or made (as the case may be) by any person at any time connected with or arising out of any breach of these Terms or the Customer´s use of the Site, including also the Customer´s use of the Site to upload content or other information to the Site or its access to a third party site from the Site.
21. ALL RIGHTS RESERVED
Any rights not expressly granted within these Terms are reserved by PrestigeWay.
22. GOVERNING LAW
22.1. These Terms are governed by and construed in accordance with the law of the State of Queensland, Australia.
22.2. By accessing and using the Site, the Customer expressly submits to the non-exclusive jurisdiction of the Courts of the State of Queensland.
22.3. If any one of these Terms is found to be invalid or unenforceable by a Court, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and have full effect.
