Your Statutory Rights are not affected by these terms and conditions.
Your agreement with Us is personal to You, and You may not assign or transfer or otherwise part with the agreement without Our prior written consent.
NOTICE TO ADVERTISERS
A. When advertising on Search Goanna, You agree that Your advert may appear on our Website.
B. Each free advert can have a maximum of 150 words. Other word limits apply.
C. For a limited time only, you can submit as many sites as you want for free and in any section or category.
D. The listing will not appear until we have verified and accepted your your website. We reserve the right to reject your listing or edit it in any way before releasing it to the site.
E. We accept no responsibility for any misprints, omissions or other faults. Copy may be changed as required by You at anytime.
F. No refunds given on any paid listings or advertising once it has started running.
G. You must be over 16 to submit your site and by submitting your site, You warrant that You are 16 or over.
H. You agree that questions and complaints from persons in relation to Your listing, are Your exclusive responsibility and in the case of trade listings, You shall indemnify Us in respect of any claims or complaints brought against Us by any such third party.
PAYMENT
A. Except you are submitting free listings, paid listings must be pre-paid prior to publication.
B. We have the right to change Our listing rates at any time and for any reason and any revised rates shall apply to any listing placed with Us after publication of the revised rates.
C. All website payments are made via PayPal. Whilst every effort is made to ensure the safety of your transaction, We cannot and do not accept liability for any loss or damage incurred as a result of using PayPal payment system.
WARRANTIES
You warrant that:
A. All advertising and materials that You supplied to Us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the Australian Code of Advertising Practice, all other relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation.
B. The publication of the advertisement by Us will not breach any contract, infringe any third party intellectual property rights or other rights; render Us liable to any proceedings; and/or detrimental to our reputation.
C. In respect of any advertisement which contains any copy and/or photographs by which any living person is or can be identified, You have obtained the necessary authority of such living person and complied with the Data Protection Act 1998 (as amended from time to time).
INTELLECTUAL PROPERTY RIGHTS
A. All intellectual property rights ( including, without limits, copyright, trade marks, database rights and design rights ( whether registered or not ) in any copy, text, artwork, photographs or other materials which We have made and/or in any way altered for You shall belong to Us absolutely.
B. You shall recompense and keep Us totally and effectively indemnified against all actions, suits, claims, demands, costs, charges, damages, losses and costs ( including legal costs on an indemnity basis ) suffered or incurred by Us due to, or arising out of, the publication by Us of any ad for You as agreed by Your instructions or specifications including ( without limits ) any claim for defamation or the infringement of any third party's rights.
C. We shall supply the service with reasonable care and ability in a professional and timely manner and the advertisement shall be designed materially as per the concluded specification.
D. Where Your advertisement is to appear on our website, You recognize and accept that it is technically most unlikely to guarantee the web site will be continuously available on the net or the corruption free or error-free transfer of the announcement to such internet sites.
E. We don't monitor or control and shall not be responsible for the content of Your announcement which You agree is Your sole responsibility.
F. We reserve the right to refuse to make public any advert without reason and to classify, edit and remove an advert at Our sole discretion
G. We may at any time alter the technical directions of the internet site ( or any part of it ) for operational reasons.
H. From time to time we'll need to do upkeep on Our hardware and systems, and We shall use Our reasonable endeavours to make sure that, in doing so, minimum disruption to the advertising is caused.
TERMINATION
We shall be entitled to terminate the agreement at any time by giving You 7 days written notice or immediately by giving You notice if:
- You breach the terms of this agreement;
- You cease or threaten to cease to trade.
CANCELLATION AND REFUNDS
There’s no refund for any paid advert or listings placed and have appeared on the website. However, you can cancel recurring payment and stop your listings at any time.
LIABILITY
A. We shall not be liable to You for any damage or loss suffered by You arising out of or in connection with any total or partial failure to publish an announcement on the Website; loss of copy, design, footage or other materials; in contract, ( including, without limitation, failure), approved duty or otherwise arising out of or in association with Your agreement with Us for:
( i ) consequential, indirect or special loss or damage ;
( ii ) any loss of goodwill or reputation ;
( iii ) loss of business and/or opportunity ;
( iv ) loss of profits ;
( v ) loss of revenue ; and/or
( vi ) Any economic and/or other similar losses ; and in each case such guilt is excluded whether or not it is foreseeable, known, foreseen or otherwise and whether such losses are direct, indirect, consequential or otherwise.
B. Our total liability to You in contract, tort (including, without limits, neglectfulness ), official duty or otherwise ( unless otherwise excluded ) shall not exceed the charges paid by You for the relevant advertisement in the week during which the event giving rise to the responsibility occurred.
C. Nothing in these Conditions shall exclude or limit Our liability for death or injury caused by Our negligence, for fraudulent misrepresentation and/or for any other liability which we aren't permitted to exclude or limit by law.
D. In the event of any error, misprint or omission in an advertisement, We may at Our sole discretion either amend the applicable part of the ad or refund or adjust the charges. No refund, change or adjustment to the charges will be made where in Our sole opinion, the error, misprint or omission does not materially detract from the announcement or where it arises as a consequence of incorrect or inadequate information supplied by You.
E. We shall not be liable to You for any delay in performing and/or any failure to perform Our requirements to You if the delay or failure is due to any cause beyond Our reasonable control (including, without any limit, any act of God, strike, infrastructure failure or power failure).
DATA PROTECTION
A. By submitting an advert to Us, You are requesting that Your advert appears on our Website being Search Goanna . This means that the advert together with your telephone number and company details (where applicable) can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
B. We each warrant to the other that We shall comply with the provisions of the Data Protection Act 1998 as may be amended from time to time (“Act”) in so far as Our agreement with You relates to or involves the processing of Personal Data (as defined in the Act).
C. You acknowledge and agree that by placing an advertisement with Us, We may collect certain Personal Data relating to You and/or Your employees, consultants and/or contractors (as applicable). This Personal Data may be used for a number of purposes as further detailed in Our [Privacy Policy] on the Website which We advise You to read.
GENERAL
A. These Conditions and any order form ( where applicable ) contain the entire agreement between Us and You and supersede all prior agreements. Nothing in these Conditions shall exclude Our liability for fraudulent falsification.
B. If any supply of these Conditions is deemed by a competent authority to be invalid, unlawful or otherwise unenforceable then such provision shall be detached from the remaining Conditions which shall remain valid and enforceable to the fullest extent authorized by law.
C. We reserve the right to allot or sub-contract this agreement and any of Our rights or needs to a third party.
D. We reserve the legal right to modify these Conditions from time to time and any such modifications shall be effective right away from the time they are informed to You. Display of the modified Conditions on the internet site shall be known to be notice to You. You agree to check the Conditions regularly to ensure they are mindful of any modifications.
E. The accord which incorporates these Conditions shall be ruled by and construed as per English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
