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More InformationEffective 11/02/2004
You acknowledge that you have read and agree to be bound by the following terms and conditions of trade in relation to the agreement with HitCity Pty Ltd ACN 080152969 trading as HitCity Pages. This agreement is binding upon receipt of your login identification and/or password.
1. Copyright – Copyright in HitCity Pages' website, including the content of the web page or web pages provided for you by HitCity Pages belongs to HitCity Pty Ltd and you are not entitled to copy, frame, reproduce, modify, distribute, republish or assign any part of the HitCity Pages' web site without the prior written consent of HitCity Pty Ltd except for any trade marks, logos or any other intellectual property of yours or of the person or entity who authorised you to use them. Further, you grant HitCity Pty Ltd a license to copy, frame, reproduce, modify, distribute, re-publish, delete or assign the content of your business listing, hyperlink or hyperlinks, web page or web pages provided by HitCity Pages and the web page or pages of any other web address or hyperlink you include in your application without notice and such license shall be free of encumbrances and royalties. Where you submit a web site under the industry category 'Directory & Notice Boards', you grant HitCity Pty Ltd a license to copy, frame, reproduce, modify, distribute or re-publish the content of your web site including any and all businesses listed in you web site without notice and such license shall be free of encumbrances and royalties. You shall review your content, including any information, prescribed statutory notices (including license or registration declarations), material, trade marks, logos or any other intellectual property of yours which you provided to HitCity Pages' at least once a year or as required to conform with prescribed statutory requirements.
2. Submission Guidelines – Your site must be in English and be of use to an audience located in Australia, contain original content, cannot contain gratuitous or graphic violence, material that infringes on or violates someone's rights, material that promotes/disseminates illegal activities, or undue hate speech or material, pornography, pornographic or adult advertising, erotica or adult-only content, and where you include a web site hyperlink, should contain sufficient pages and recognisable content, must be up-and-running seven days a week and 24 hours a day with working links and loading at a reasonable speed.
3. Business Listings Generally
HitLIsting – A business listing ("HitListing") includes your business name, business address, business telephone number, business facsimile number, Australian Business Number (ABN) and any other material or information (at the sole discretion of HitCity Pages) within the web site of HitCity Pages. You must submit your current, valid ABN. You will not reveal your user name or password to any other person. Information Sharing and Disclosure: HitCity Pages maintains your email address and other pertinent personal information, provided at the time of your registration in a secure environment. We reserves the right to refuse your application to list a business at any time after you make an application and without reason for such refusal and if accepted, reserves the right to list and to automate your business listing in any order and may be subject to change without notice. We may at our sole discretion reject in whole or part any content deemed unsuitable to us or deemed offensive by us. We will routinely check your listing in our directory to ensure that your listing continues to adhere to our guidelines noted in clause 2 herein. Any listing that violates our standards will be removed from the Directory. Where your business listing includes a web page hyperlink, whether provided by you or by us, including a hyperlink to any other internet web site, we may insert a bridging web page or pages to your nominated hyperlink. We may at our sole discretion alter, suspend, delete or terminate your business listing, including any hyperlink, web page or pages provided by you or by us and may refund all or part of any pre-paid HitCity Pages' products or services and may submit any HitCity Pages' web page in whole or in part to any HitCity Pages' nominated search engines without your prior consent. HitCity Pages shall have the exclusive right to serve Google or any other third party advertisements on any of your web pages.
(a) Free HitListings – Free HitListings are permitted on a "first in is free" basis conditional upon you being the first approved HitListing in your physical business location together with being the first approved HitListing in your nominated industry category provided no other business in the same industry category services your physical business location regardless of where such a business may be located. You are entitled to one free industry category HitListing and any other benefits published by HitCity Pages from time to time for each ABN under the same industry category in the same physical business location. Additional locations, industry category listings, wider service areas and any other optional services or products will attract either a monthly or annual renewable fee. The searchable service area of your listing, as programmed by HitCity Page's search software, is limited to the area covered by your business suburb and the associated surrounding suburbs with the same post code as your business location or within an approximate 10km radius from a point within your suburb as designated by HitCity, which ever is the least distance. Your listing may remain published on HitCity Page's website provided you renew your listing every 12 calendar months in response to our emailed renewal notice, or until a Paid HitListing is purchased by another business under your industry category in the area covered by your business town/suburb and the surrounding towns/suburbs with the same post code as your business location or within an approximate 10km radius from a point within your town/suburb as determined by HitCity, which ever is the least distance, or unless terminated in accordance with clause 6 herein.
(b) Paid HitListings – Paid HitListing entitle you to five industry category HitListings (and any other benefits published by HitCity Pages from time to time) for the same ABN in the same physical business location. Additional locations, industry category listings, wider service areas and any other optional services or products will attract either a monthly or annual renewable fee. The searchable service area of your listing, as programmed by HitCity Page's search software, is limited to the area covered by your business suburb and up to approximately 100km radius from a point within your nominated business suburb location as determined by HitCity. Your listing may remain published on HitCity Page's website unless terminated in accordance with clause 6 herein.
4. Warranties – You warrant to HitCity Pty Ltd that you have the right to enter this agreement and that you have the right to use the trade marks, logos or any other intellectual property, including any display advertisement published elsewhere which is submitted by you and subsequently published by HitCity Pages in any medium and that your content or hyperlink does not or hyperlinks do not contravene any law, or your statutory warranties under the Trade Practices Act 1974, do not infringe third party rights and is not indecent, obscene or libellous. Not withstanding, HitCity Pty Ltd reserves the sole right to determine its interpretation of indecent, obscene or libellous content. You warrant to indemnify to the extent permitted by law, you shall immediately defend, indemnify and hold HitCity Pty Ltd, its agents, directors, shareholders, employees, contractors, representatives, affiliates and related companies harmless against all costs, claims, demands, damage, losses, penalties, suits of any nature however caused (including but not limited to liability costs, legal and statutory costs and penalties whether derived from civil or criminal proceedings) and including costs of legal advisers nominated by HitCity Pty Ltd as a result of any warranty given by you in accordance with this clause which is incorrect, untrue or fraudulent.
5. Limitations of liability – We publish your business listing, including any hyperlink or hyperlinks, web page or web pages provided by us without warranties of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. We do not warrant the functions contained in your business listing including any hyperlink or hyperlinks, web page or pages provided by us will be uninterrupted or error-free, that defects will be corrected, or that the site or its servers are free of viruses or other harmful components. We make reasonable efforts to place accurate, current content on our site. However, we make no warranties or representations as to its accuracy and we assume no liability or responsibility for any errors or omissions in the site content. Under no circumstances, including, but not limited to, negligence and gross negligence, shall we be liable for any direct, incidental, special, consequential, indirect, or punitive damages resulting from the use of, or the inability to use, this site or its content, even if we or any of our authorised representative has been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for listing your business. To the extent permitted by law, you shall immediately defend, indemnify and hold HitCity Pty Ltd, its agents, directors, shareholders, employees, contractors, representatives, affiliates and related companies harmless against all costs, claims, demands, damage, losses, penalties, suits of any nature however caused (including but not limited to liability costs, legal and statutory costs and penalties whether derived from civil or criminal proceedings) and including costs of legal advisers nominated by HitCity Pty Ltd. While we strive to keep the information on this site accurate, complete, and up-to-date, we and our suppliers cannot guarantee that all information on this site will be error free. Accordingly, we and our suppliers will not be liable for any errors appearing on this site. This does not affect our statutory warranty under the Trade Practices Act 1974 that we will conduct our services with due care and skill.
6. Termination & De-Listing – You may terminate this agreement with 24 hours written notice of your intention to do so subject to full payment of any services provided by us. We may terminate this contract if you do not conform to the conditions of this contract, are made bankrupt, become insolvent or we discover you have submitted a false ABN. Notwithstanding, this agreement terminates if you do not renew your listing under clause 3(a), fail to pay us within 14 days of being rendered an invoice or other notification of payment demand for any services provided by us or, if permitted a free HitListing, fail to renew such free listing each 12 calendar months. Upon termination, your business listing, including any web page or pages provided by us and all references to it shall be deleted from our database and web site within a reasonable time but no less than 24 hours from notice of termination. We reserves the right to alter or change its classification system and to alter, withdraw or delete any or all services provided by us without compensation to you. Despite termination by either party under this clause, the obligations of both parties to this agreement will remain after termination.
7. Payment – You agree to pre-pay for any products and services purchased from us in accordance with any rendered Tax Invoice. We have the right to blend your accounts, invoices and statements and may at anytime set-off amounts owed by us to you from the amounts owed by you to us. Remedies for late payment: 7 days – no more orders taken, 14 days – termination and admin system lockout, 21 days – deactivate site, 30 days – remove information from server.
8. Re-Listing – Where your business details have been previously terminated and/or de-listed, you may re-list your business at any time upon payment of outstanding fees charges and pre-payment of current fees and charges.
9. No partnership or employment – Nothing in this agreement is intended to create a partnership as between you and HitCity Pty Ltd. You have no authority to bind HitCity Pty Ltd. This agreement does not constitute the relationship of employee and employer between you and HitCity Pty Ltd.
10. No assignment – You must not assign or otherwise deal with the whole or any part of it without the prior written consent of HitCity Pty Ltd. HitCity Pty Ltd may assign its rights under this contract without your permission.
11. Further assurance – you must promptly, at your own cost, do all things (including executing all documents) necessary or desirable to give full effect to this agreement.
12. Severability – If anything in this agreement is unenforceable, illegal or void, then it is severed and the rest of this contract remains in force.
13. Governing law and jurisdiction – The law of Queensland, Australia governs this agreement.
14. GST – All amounts invoiced shall be inclusive of Goods & Services Tax.
15. Variation – HitCity Pty Ltd reserves the right to vary the terms and conditions of this agreement without prior notice. Any variation shall be posted at the web site http://www.hitcity.com.au/terms/index.htm and shall be binding on you from the date on which they are stated to take effect. No oral variation shall be enforceable by or against each party.
16. Notices -
(a) Any notice necessary or required or allowed to be given in accordance with this agreement shall be deem to be sufficiently given if it is (i) delivered by hand to the entity to whom it is addressed; or (ii) sent by pre-paid post (where this agreement so requires) by certified mail addressed to the entity to whom it is to be given as registered with HitCity Pty Ltd or at the entity's last known place of abode or in the case of a registered company, at its registered office or; (iii) transmitted by email to the email addressed as registered with HitCity Pty Ltd or by facsimile to the facsimile number registered with HitCity Pty Ltd.
(b) Any notice shall be deemed to have been served and received by the entity to whom it is addressed; (i) if delivered by hand on the date of actual delivery; (ii) if sent by post, 3 days after posting; (iii) if sent by email, 24 hours after being sent or; (iv) if sent by facsimile, 24 hours after being sent. Except for a notice pursuant to clause 6 – Termination & De-Listing, a notice may be given if sent by email or facsimile.
17. Commercial Electronic Messages – This contract is conditional upon you agreeing to your unconditional express consent to receive commercial electronic messages (emails, SMS text etc) from HitCity Pty Ltd as defined under the Spam Act 2003. Failure to agree to an unconditional expressed consent to receive commercial electronic messages (emails, SMS text etc) from HitCity Pty Ltd will invoke clause 6 – Termination & De-Listing. The purpose to this condition is to ensure your are kept fully informed at all times about products and services by HitCity Pty Ltd and to ensure that HitCity Pty Ltd is not disadvantaged in any way.
18. Prior agreements – All prior agreements and arrangements (whether written or oral) between you and HitCity Pty Ltd relating to you listing a business are superseded and hereby cancelled.
19. Interpretation – 'We', 'us' and 'our' includes HitCity Pty Ltd and it associated entities. 'You', 'your', 'entity' and 'party' includes your executors, administrators, successors and permitted assigns. One gender includes each other gender. The singular includes the plural and the plural includes the singular. All monetary amounts are in Australian dollars, unless otherwise stated. If 'you' consists of more than one person this contract binds them jointly and each of them severally. Headings are for convenience only and do not affect the interpretation, or form part of this contract. 'Including' and similar expressions are not words of limitation. Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have corresponding meaning. If an act must be done on a specific business day, which is not a Business Day, the act must be done instead on the next Business Day.
