DEFINITIONS AND INTERPRETATION
1.1 Clause 18 of the terms defined on the Terms and Conditions page (https://www.provincialfloors.com.au/terms-of-use) have the same meaning when used in this document unless otherwise defined.
1.2 Clause 19 of the Terms and Conditions page (https://www.provincialfloors.com.au/terms-of-use) is set out in this document.
2.1 By accessing and using the Website, the advertiser / user agrees to be bound by the Terms and Conditions, Policies and any other terms and conditions, notices and disclaimers displayed on the Website from time to time.
2.2 Provincial Floors Pty Ltd may change its Terms and Conditions (including pricing) at any time, in which case, an amended version of the Terms and Conditions will be posted on the Website. The advertiser acknowledges it is responsible for regularly reviewing the Terms and Conditions and Policies. The advertiser hereby agrees that any use of the Website after any changes are made to the Terms and Conditions and Policies, will be deemed to constitute an acceptance of those changes.
2.3 If the advertiser objects to or is dissatisfied with any changes made to the Terms or Conditions, they may either discontinue use of the Website and/or terminate their registration in accordance with this deed.
- ACCOUNTS AND REGISTRATION
3.1 A person must be at least 18 years old to become an advertiser/ user, or act on behalf of a corporate advertiser of Provincial Floors Pty Ltd. A person acting on behalf of a corporate advertiser represents and warrants that it has taken all necessary action to enter into this deed on behalf of, and bind the advertiser.
3.2 When registering with Provincial Floors Pty Ltd, the advertiser must provide accurate, complete and up-to-date information. The advertiser acknowledges that it will inform Provincial Floors Pty Ltd of any changes to that information (which may be done by logging into their Provincial Floors Pty Ltd Account and updating their details or by contacting Provincial Floors Pty Ltd using the contact us form on the contact us page on the provincialfloors.com.au website).
- SERVICE AND FEATURES
4.1 After an advertiser is registered with Provincial Floors Pty Ltd, it is entitled to use Provincial Floors Pty Ltd's directory service and advertise its products and services through maintaining a business listing on the Website in accordance with the terms of this deed.
4.2 Premium advertisers agree to be charged by Provincial Floors Pty Ltd for certain chargeable products and services, referred to as Pay Per Click, or Pay Per Lead events as defined on the Website. The advertiser acknowledges and agrees that Provincial Floors Pty Ltd may change its pricing structure at any time at its sole discretion in accordance with clause 2.2. Free listings incur no charges whatsoever.
4.3 Unless expressly stated otherwise, the pricing for use of any chargeable product or service on Provincial Floors Pty Ltd will be stated GST inclusive in accordance with clause clause 3 of the Provincial Floors Pty Ltd policies.
4.4 In no event will the advertiser be entitled to any refund of payments for chargeable products or services pre-paid by it to Provincial Floors Pty Ltd. Provincial Floors Pty Ltd will review requests for refunds at it's sole discretion.
- BILLING AND PAYMENTS (Premium Listings Only)
The Premium advertiser acknowledges that:
(a)Provincial Floors Pty Ltd will issue an invoice setting out the Pay Per Click events based on the reports generated by Provincial Floors Pty Ltd;
(b)the invoice will be paid by the due date on the invoice in accordance with the Payment Policy;
(c)returned or cancelled payment bank/service fees due to any error in the advertiser's contact or payment information are the advertiser's responsibility, and will be added to the advertiser's account balance; and
(d)Provincial Floors Pty Ltd reserves the right to take such debt collection action as it deems appropriate to pursue collection of any outstanding amounts owed by the advertiser and any costs associated with recovering this debt.
- SECURE ACCESS
6.1 The advertiser acknowledges that it:
(a) is responsible for maintaining the confidentiality and security of its Provincial Floors Pty Ltd user name and password;
(b) is wholly responsible for all activities that occur under its Provincial Floors Pty Ltd user name and password;
(c) agrees to immediately notify Provincial Floors Pty Ltd of any unauthorised use of its Provincial Floors Pty Ltd user name or password; and
(d) must ensure that it exits from the Provincial Floors Pty Ltd account at the end of each session by logging off their account.
6.2 Provincial Floors Pty Ltd may at any time request a form of identification to verify the advertiser's identity and/or compliance with the Terms and Conditions.
7.1 The advertiser acknowledges that:
(a) any images, sounds, Hyperlinks, intellectual property or text (Content) that is transmitted or posted on the Website, or otherwise transmitted to any other person by any other means, by the advertiser has been authorised by it and must be complete and accurate;
(b) it agrees not to post or transmit on the Website, or otherwise transmit to any other User by any other means, Content that:
(i) is unlawful, obscene, defamatory, indecent, offensive, false or misleading in any way, or inappropriate in the opinion of Provincial Floors Pty Ltd;
(ii) infringes the rights of any third party; or
(iii) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
(c) it is solely responsible for Content that it transmitted or posted on the Website, or otherwise transmitted to any member of Provincial Floors Pty Ltd by any other means;
(d) Provincial Floors Pty Ltd accepts no responsibility for, and no liability with respect to, any Content transmitted or posted on the Website, or otherwise transmitted to any User by any other means, by any person;
(e) Provincial Floors Pty Ltd has the right, but has no obligation, to review and edit Content transmitted or posted on the Website, or (where possible) otherwise transmitted to any member of Provincial Floors Pty Ltd by any other means;
(f) Provincial Floors Pty Ltd does not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the Website, or otherwise transmitted to any other User by any other means, by any person. Furthermore, Provincial Floors Pty Ltd does not endorse any opinion, advice or statement made by any person other than itself. Provincial Floors Pty Ltd does not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on the Website, or otherwise transmitted to any other member of Provincial Floors Pty Ltd by any other means.
The parties are independent contractors with respect to each other and no agency, partnership, joint venture or employment relationship is intended or created by their contract.
- LIMITATION OF LIABILITY AND NO INDEMNITY
9.1 The advertiser acknowledges that it uses the Website at its own risk. Provincial Floors Pty Ltd will not be liable to the advertiser or any person for any incidental or consequential damages (including, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of data or business information) arising in connection with use of the Website.
9.2 To the maximum extent permitted by law, Provincial Floors Pty Ltd excludes all implied representation and warranties which may apply in relation to use of the Website, other than the terms of this deed.
9.3 In the event that Provincial Floors Pty Ltd's liability cannot be excluded by law, the maximum damages payable by Provincial Floors Pty Ltd will be limited to the fees paid by the advertiser to Provincial Floors Pty Ltd for their chargeable products and services in that calendar month.
9.4 The advertiser agrees to indemnify Provincial Floors Pty Ltd for any loss, damage, cost or expense that Provincial Floors Pty Ltd may suffer or incur as a result of or in connection with the advertiser's use of or conduct in connection with the Website, including any breach of the terms of this deed (including the Terms and Conditions and Policies).
- DOWNGRADE, TERMINATION, SUSPENSION AND LIMITATION TO ACCESS
10.1 The advertiser may downgrade or terminate their account registration with Provincial Floors Pty Ltd by:
(a) providing written notice of termination by mail to Provincial Floors Pty Ltd; or
(b) emailing Provincial Floors Pty Ltd via the Contact Us page; or
(c) logging into their Provincial Floors Pty Ltd account and requesting to downgrade or cancel their account.
(d) When Provincial Floors Pty Ltd receives a request to downgrade or cancel an account, Provincial Floors Pty Ltd will issue the advertiser an account closing invoice. The invoice will outline any outstanding fee's and charges due to Provincial Floors Pty Ltd. The invoice must be paid in accordance with this deed and Provincial Floors Pty Ltd's payment policy.
10.2 Provincial Floors Pty Ltd at any time, without limitation reserves the right to:
(a) deactivate any registration if the advertiser has not used the Website for a period of 6 months or more (from the date of last use); or
(b) without limiting the advertiser's responsibilities under this deed, permanently or temporarily suspend, modify or remove Content, hide, terminate or limit access to all or part of an advertiser's Provincial Floors Pty Ltd account, listing or the Website for any reason by providing notice to the advertiser by email (however, notice is not required where the advertiser is in breach of the terms of this deed).
11.1 The terms of this deed, Terms and Conditions and Policies constitute the entire agreement between Provincial Floors Pty Ltd and the advertiser. If there is any inconsistency between this deed and the Terms and Conditions and Policies, this deed is to prevail.
11.2 Provincial Floors Pty Ltd's failure or delay to exercise a right, power or remedy does not operate as a waiver of that right, power or remedy.
11.3 If any term is prohibited by or rendered unlawful or unenforceable under any law applied by a court of competent jurisdiction that term will be severed and deemed to be replaced with a provision or provisions which are not unlawful or unenforceable and which so far as is possible achieves the same economic or other benefit or protection for Provincial Floors Pty Ltd which the severed part was intended to achieve.
11.4 The provisions of this deed remaining to be performed or capable of having future operation (including any indemnity, warranty or obligation of confidence) continue in force although this deed has otherwise been fully performed or terminated.
11.5 The advertiser / user agrees to not duplicate the Provincial Floors Pty Ltd's website business system, infringe any copyright law or claim any publication as their own.
11.6 This deed is governed by and construed in accordance with the laws of Victoria, Australia.