Advertiser Terms of Use

Last updated: October 2022

These Terms of Use apply to all Advertisers on this website. We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. In using our website and services, you agree to be bound by these Terms of Use as well as any and all general Terms and Conditions posted on our website from time to time. If you do not accept these Terms of Use, we cannot accept your listing.

DEFINITIONS

“Advertiser” means a subscriber or member advertiser who has been accepted as an advertiser on the website.

“Content” means any and all material, links, words, images including but not limited to any goods and services the advertiser or subscriber submits, advertises or links to the website.

“the website” means thelowtoxproject.com.au

“We”, “our” and “us” means Corrine Sultana t/a The Low Tox Project (ABN 39 952 728 199) including all employees and contractors from time to time

“You” means the advertiser using our advertising and classified services and by doing so, agreeing to these Terms of Use.

SUBSCRIPTIONS

You must register and pay your subscription fee in advance in order to advertise your business on our website and to access any associated services.

In order to advertise your business on our website, you must first fill in your registration details (which are required in the online form) and provide your payment details.

We offer a free listing option and also charge a monthly or annual subscription fee for ongoing access to the website and any associated services. Our subscription fees may change from time to time and current fees are posted on our website.

You may cancel your subscription at any time, in accordance with our “Cancellation and Termination” clause below. The monthly fee is automatically deducted each month and the annual fee is automatically deducted each year or part there of, from your chosen payment method, unless you or we cancel the subscription.

By submitting any Content to the website, you represent that you have the ownership rights and title to this information and material and have the right to advertise and sell it. You also represent that you are not breaching any regulations, restrictions or third-party rights, and you agree to ensure that your registration details and Content are accurate and up-to-date.

PAYMENT TERMS: There will be no refunds or credits for fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

SUBSCRIPTION TIERS

When you register for a subscription, you will have the option to choose one of subscription types.

CANCELLATION AND TERMINATION

TO CANCEL YOUR SUBSCRIPTION: You are solely responsible for cancelling your subscription. You must cancel in writing by notifying us at info@thelowtoxproject.com.au

Any other type of cancellation will not be considered. You must cancel your subscription at least 7 days prior to the next payment falling due to ensure you are not charged the fee for the next subscription period.

On cancellation of your subscription, all of your content, material and links will be deleted.

WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information you provide on your website is untrue, inaccurate or incomplete, or that you have breached any Terms of Use, if your content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your advertisement and information links and terminate your account. We may also deny the use of our website and services to you in the future and are not obligated to return any subscription or registration monies in the event of any breach.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or which violates a third party’s intellectual property or these Terms of Use.

We are not required to provide any refund or part thereof to you for such termination of your subscription.

AGREEMENT FOR ADVERTISING

To be eligible to subscribe to our website and any associated services, you agree to the following:

You warrant that:

  • You have the full legal authority and capacity to enter these Terms of Use;
  • You are of sufficient legal age to enter these Terms of Use under the laws of Australia;
  • The information you provide to us, post or advertise on or through the website is genuine, true and accurate;
  • You will keep your information updated and any Content you include on your advertisement, links or website complies with applicable laws, codes and regulations;
  • All material and Content you link to from our website is accurate, reliable, up-to-date, lawful, and not misleading;
  • You will at all times abide by the Australian Consumer Law (ACL) requirements including but not limited to the re-supply or refund of any goods or services you supply or provide which do not meet ACL requirements; and
  • You also agree to ensure you adhere to good practice service standards for the supply of goods and services to customers in a timely and responsive manner. You will at all times abide by the shipping, refund, and other terms from time to time of the website.

You acknowledge and agree:

  • We are a facilitator only for the purposes of permitting businesses and individuals to post their advertisements on our website, but we do not guarantee any sales, revenue, bookings, business, increase in traffic or otherwise;
  • We place advertisements on your behalf, and we have strict listing criteria for advertisements. Our listing criteria may be posted on our website from time to time or provided to you upon request.
  • We have the final say in what gets posted on the website and we reserve the right to refuse to post any advertisements in our sole discretion.
  • From time to time, we may, in our sole discretion, choose certain Advertiser businesses, services or products to showcase or provide a spotlight advertisement. In some cases, we may receive samples or have otherwise received a benefit or other incentive for such showcase spotlight. We do try to note this wherever we are recommending any products or services; and
  • Any provision of products or services which you make through your business or your website constitutes a direct contractual relationship between you and the relevant customer, regardless of whether the customer has found you by visiting our website. We are not a party to any contract between you and your customers. Any disputes, issues, dealings, or complaints from your customers are to be dealt with directly between you and your customers and we are not to be involved.

We make no warranty that the website or associated services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will endeavor to ensure the website is always available and virus free but from time to time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

By using the website, you authorise us to use and reuse, and to grant others the right to use and re-use, your Content and any reproduction or similar form of media or technology for any purpose related to the website.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, to potentially breach regulations, or we receive complaints about the Content, or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details of any Advertiser to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms of Use.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your advertisement on our website. You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you, in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on the website.

In addition, you agree to fully indemnify us for any and all claims by your customers or any third party which may result from your advertisement, Content or links on the website or any business you conduct with any customer. We are not responsible for your Content nor for your breach of any third-party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise. You agree that you will fully indemnify us and, wherever possible, take over and manage any claim which may result from any one of your customers whether direct or indirect.

Our liability to you will not exceed the amount actually paid by you to us in the preceding 12 month period.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use, and you do not have any authority of any kind to bind us in any respect whatsoever.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are our registered trademarks, copyright, trade or service marks.

All other trademarks or service marks within the website are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, or logo, and/or our name or the name of any of our Advertisers.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on the website. Any unauthorised use of the materials appearing on the website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

CONSENT TO DATA USE

You hereby agree that we may collect, monitor, review, analyse, use, share or sell to third parties, data or information we collect from your use of the website or associated services.

PRIVACY

You must, and must ensure that your officers, employees, agents and sub-contractors, comply with the Australian Privacy Principles and other applicable laws in respect of any personal information collected by you through the website or the associated services.

NO WAIVER

None of our powers or rights created under these Terms of Use shall be deemed to have been waived by any act or acquiescence of us. Our powers or rights under these Terms of Use may only be waived by us in writing. No waiver by us of any power or right under these Terms of Use shall constitute a waiver of any other power or right or of the same power or right on a future date. Our failure to enforce any provisions of these Terms of Use shall not constitute waiver of such provision or any other provision.

SEVERABILITY

If any provision of these Terms of Use is held to be unenforceable, then these Terms of Use will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of these Terms of Use, valid and enforceable. If a court declines to amend these Terms of Use as provided herein, the invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of the remaining provisions, which shall be enforced as if the offending provision had not been included in these Terms of Use.

GOVERNING LAW

These Terms of Use are governed by the laws of New South Wales, Australia which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia for determining any dispute concerning these Terms of Use.

USE OF IMAGES

By adding images to your listing and accepting the Advertiser Terms of Use, you consent to The Low Tox Project using these images for, but not limited to, social media posts, newsletters and blog articles that pertain to your business or to advertise your product /service in a general nature which advertises The Low Tox Project services over all. If you do not have the rights to the images you use, do not add them to your listing

AMENDMENT OF LISTINGS – SEO

In order to meet SEO requirements, the content of listings may be updated from time to time to conform to SEO requirements. By submitting a listing you accept that it may be altered to meet these requirements or for grammatical / presentation reasons. 

CONTACT US

You may contact us about these Terms of Use at info@thelowtoxproject.com.au

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