FindUs Advertising Order - Terms and Conditions
Find Us Limited accept all Advertisements and notices (“Advertisements”) from any person (“advertiser”) for publication on the FindUs website and FindUs Smartphone App on the following terms and conditions (“Terms and Conditions”). These Terms and Conditions will apply to: online banner and display advertising on the FindUs website and the FindUs Smartphone App.
The placing of an order for any Advertising by an Advertiser constitutes acceptance by the Advertiser of these Terms and Conditions and of all rates set out by Find Us Limited in the relevant rate prices unless otherwise agreed in writing by Find Us Limited. To the extent that any order submitted by the Advertiser attempts to include terms that are inconsistent with these Terms and Conditions, those terms will not apply.
3. GATHERING OF MARKETING MATERIAL:
Every effort is made to compete your advertising package, if there is no response after several attempts in contacting the Advertiser via telephone and email within a 30 day period it will be completed to the best of Find Us marketing staffs ability. You will then be placed into an automated email requesting a response.
- (a) Subject to these Terms and Conditions, Find Us will use its reasonable endeavours to publish Advertisements submitted by Advertiser in the format submitted by the Advertiser and in accordance with the placement instructions of the Advertiser.
- (b) Without limiting the above, if Find Us Limited, in its sole discretion, believes that the placement instructions of the Advertiser for an Advertisement are inappropriate for any reason, Find Us Limited may offer the Advertiser alternate placements.
The Advertiser undertakes and warrants to Find Us Limited that no Advertisement will:
- (a) or will be likely to be misleading or deceptive or otherwise infringe the Fair Trading Act 1986;
- (b) infringe copyright, trade mark or other intellectual or moral property rights of any person;
- (c) contain material that is obscene, offensive, defamatory, or otherwise unsuitable for publication;
- (d) breach or infringe any laws relating to therapeutic goods, financial services, anti-discrimination, political publication, publication of court or tribunal materials, or any other legislation, regulation, rule or ordinance; or
- (e) give rise to any liability on Find Us Limited, cause Find Us Limited to be in breach of any law by virtue of publishing the Advertisement, or result in a claim being made against Find Us Limited.
By submitting or authorising submission of Advertising in Find Us Directory or within the FindUs App, the Advertiser indemnifies Find Us Limited (and its employees, officers and agents) against any proceedings, demands, losses, costs (including legal costs on a full indemnity basis), damages and other liabilities of any nature taken, made or awarded against or incurred by Find Us Limited (and/or its employees, officers and agents) in connection with the Advertising on the FindUs Website or any Advertising within the FindUs App.
7. NO GUARANTEE:
- (a) Find Us Limited does not guarantee that the Advertisers product featured in an Advertisement will be the only product of that type featured in Advertisements on any one page. Find Us Limited will not be responsible or liable to the Customer in any way if the Customer’s request cannot be granted, or the product featured in the Advertisers Advertisement is not the only product of that type featured in Advertisements on any one page.
- (b) FindUs Online Advertising and FindUs Smartphone App Advertising will be published via internet accessible Advertisement using Find Us Software. Find Us Limited makes no warranties of any kind, whether express or implied of the fitness of this Software for a particular purpose. Find Us Limited shall not be liable for any loss, damage, or expense incurred in connection or use of the Find Us Limited Software, including without limitation, for any technical malfunction of smartphone malfunction or computer error or loss of data or other injury, damage or disruption of any kind other than as a result of Find Us gross negligence or fraud.
The cancellation by the Advertiser of any Find Us Online and Smartphone Advertising for which an order has been made, must be in writing. Upon cancellation, the Customer agrees to pay Find Us the following cancellation fees:
9. NON PAYMENT: If any payment is not received by Find Us on or before the date that such payment is due, or if the Customer commits an act of bankruptcy (in the case of an individual), or is unable to pay its debts as and when they fall due, enters into any arrangement with its creditors other than in the ordinary course of business, passes a resolution for administration, winding up or liquidation (other than for the purposes of re-organisation or reconstruction), has a receiver, manager, liquidator or administrator appointed to any of its property or assets or any petition is presented for its winding up (all in the case of a body corporate), Find Us Limited may:
- (a) if cancellation occurs before the Advertising is started (within 5 working days) a sum of one hundred dollars accounting fees is to be paid.
- (b) if cancellation occurs after 5 working days and before 10 working days, if advertising has been started a sum equivalent to 75% of the total advertising cost
- (c) if cancellation occurs after 10 working days a sum equivalent to 100% of the total advertising cost.
- (a) cancel any provision of credit to the Advertiser
- (b) immediately and without notice, suspend or cancel all Advertising orders of the Advertiser and terminate any agreement in relation to Advertising not yet published
- (c) require cash pre-payment for any further Advertising
- (d) impose interest at the rate of 5% (five percent)
- (c) take proceedings against the Customer for any outstanding amounts