Terms & Conditions
1. About this website
Website Owner = AroundYou Pty Limited (ACN 144 817 256) herein identified as AroundYou
Domain name = http://www.aroundyou.com.au (the “website”)
Access via = http://www.aroundyou.com.au (the “Home page”)
3. Your access and use implies agreement
5. Modifications to the information
AroundYou does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of AroundYou, or independently by those organisations that supply content whether by RSS feeds or by a direct update relevant to a specific venue, event or activity.
6. Errors and problems
AroundYou does not guarantee that the website will be free from viruses, incorrect or misleading information or that access to the website will be uninterrupted.
7. License and ownership
The copyright for the content on this website is owned or licensed by AroundYou and is protected under the Copyright Act 1988 (Cth) and by other copyright laws both in Australia and in other countries that recognise the proprietary value of AroundYou’s intellectual capital and efforts to compile a database of events, activities and venues. No material on the AroundYou website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of AroundYou, unless such activities are consistent with the sharing of information between individuals, groups or organisations as intended by AroundYou.
All text and all custom graphics, icons, images and other items that appear on the website and all associated trademarks, are either trademarks of AroundYou or AroundYou has secured the rights to use such text, graphics, icons, images and other items.
AroundYou does not claim ownership of any content that is posted by users of this website. By submitting content to this website, you automatically grant, represent and warrant that you have the right to grant AroundYou and irrevocable, non-exclusive, perpetual, fully paid, worldwide license to use, copy, display and distribute the submitted content and to prepare derivative works of the content and to authorise the sub-licensing of such content.
If you believe that your content or work has been copied in such a way as to constitute an infringement on your copyright or intellectual property rights, please notify AroundYou of the infringement at:
AroundYou Pty Ltd
Level 3, 299 Sussex street
Sydney NSW 2000
We will immediately investigate any claim to copyright.
9. Outbound links
The AroundYou website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by AroundYou whether implied or inferred. AroundYou makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. AroundYou may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the AroundYou website.
10. Inbound links
AroundYou encourages and agrees to your linking to all the functionality of its website through a plain text link on your website without the need for agreement between yourself and AroundYou. Linkages are only intended for personal use but where linkages are established for business or professional use, such use should not in any way serve to diminish the value of the AroundYou business model.
11. Feedback, suggestions, comments or requests
AroundYou encourages you to provide feedback, suggestions, comments or requests (collectively the “comments”) to firstname.lastname@example.org. If you do make comments, you acknowledge that that such comments will not be considered confidential or proprietary and AroundYou is under no obligation to keep such information confidential and AroundYou will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
The AroundYou website is currently only intended for use by Australian residents within Australia. The law applicable to use and to disputes is the law of the State of New South Wales.
13. Disclaimer of warranties
AroundYou makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
14. Limitation of liability
If AroundYou is found responsible for any damages, then AroundYou is responsible for actual damages only. In no event shall AroundYou be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website or previous reliance of any information sourced or provided from the website.
Advertiser Terms & Conditions
1. Acceptance of terms
All Advertisers agree to be bound by the terms and conditions set out here on www.aroundyou.com.au. These terms and conditions supersede any other terms previously agreed to, whether it be written or verbal. AroundYou, in its sole discretion may vary these terms and conditions at any time, without notice.
2. Trial Period
The Trial Period commences immediately upon authorisation of the Advertisers payment details. At the end of the Trial Period, the Advertiser acknowledges that they will be billed the full amount for their subscription, as agreed.
3. Fees and payments
The Advertiser may be billed a Fee for any advertising services provided by AroundYou. The Fee will be clearly identified when the Advertiser subscribes to advertising services. If the Advertiser requires a statement of billing, they can request such a document from their Account Manager.
The Advertiser acknowledges that the Fee and other charges are exclusive of GST. GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by the Advertiser and the Advertiser agrees to pay this increase from the changed date.
The Advertiser agrees to adhere to the payments terms and payment method, as agreed to over the phone with a sales person, or through such equivalent document. AroundYou reserves the right to charge the agreed upon Fee on the agreed upon billing dates for the Advertisers subscription.
4. Term of Agreement
There is no fixed term to this Agreement. However the Advertiser acknowledges and accepts that the term of this Agreement will exist in until such date as agreed to by AroundYou. The Advertiser accepts that they will pay the Fee on a recurring basis as agreed to, whether verbally or in writing.
5. Cancellation policy
The Advertiser accepts that they may cancel the Agreement at any time by phoning the Account Management Department on (02) 8017 8906 between 9:00am and 5:00pm, Monday to Friday, at least 3 (business) days before their next payment if for a recurring charge.
Confirmation will be sent to the email address on file once the account has been cancelled. AroundYou reserves the right to remove the Advertiser Content from the relevant AroundYou websites upon cancellation.
In the circumstance where the Advertiser is allowed a Trial Period, cancellation must be received at least 1 (business) day before the first payment in order to avoid any Fees or charges. If no correspondence is received, the Advertiser agrees that they will be automatically billed the Fee on the first Billing Date and each subsequent recurring Billing Date.
6. Refund policy
The Advertiser accepts that they are entering into an agreement for the provision of advertising services and a refund of the Fee will only be provided if it is deemed that a billing error has occurred on behalf of AroundYou. Under normal circumstances, a refund will not be provided for any other reason or due to any circumstances.
7. Failure to pay and late payment
If at any time during the Term, there is a Payment Default without notice to AroundYou, AroundYou may, without notice to the Advertiser and without affecting any other rights within its discretion and without limitation:
- Terminate the Subscription with the Advertiser and/or suspend provision of the Service;
- Withhold any discounts on the Service;
- Take proceedings against the Advertiser for any outstanding amounts including passing any outstanding amounts on the Advertiser’s account for collection and/or legal action; and
- Place a default against the Advertiser with a credit reporting agency.
8. Advertiser content
The Advertiser is responsible for maintaining and updating all relevant content in their Featured Listing, such as images, copy and contact information, by notifying their Account Manager of the necessity of such updates.
AroundYou takes no responsibility for any material submitted by the Advertiser and may remove, revise or refuse to publish any of the material submitted by the Advertiser.
The Advertiser agrees that they are the copyright holder or have the required permissions from the relevant copyright holder for all material uploaded. AroundYou is not liable for and accepts no responsibility for any material uploaded. The Advertiser accepts that AroundYou may use the Advertiser’s business website and utilise that content in the creation of the Featured Listing. In addition, AroundYou may help the Advertiser in uploading material; however this in no way should be regarded as an acceptance by AroundYou of responsibility for such material.
9. General Terms
Both parties agree to indemnify the other and its officers, employees and agents (“those indemnified”) against all claims, expenses, losses, damages and costs, including legal fees, incurred by those indemnified as a result of:
- Any injury to or death of any person caused by any act or omission of the party or its officers, employees, agents or subcontractors; or
- Any damage to real or intangible property caused by any act or omission of the party or its officers, employees, agents or subcontractors. Both parties agree to act in good faith towards the other party.
This Agreement constitutes the entire agreement between the parties about the Agreement’s subject matter and supersedes any previous understandings or agreements.
This Agreement is governed by the laws of New South Wales.Each party represents and warrants to the other party that as at the date of this Agreement:
- It has full corporate power to execute, deliver and perform its obligations under this Agreement;
- This Agreement constitutes a legal, valid and binding obligation and is enforceable in accordance with its terms by appropriate legal remedy.
- AroundYou will not be liable for any delay or failure to provide advertising services caused by a factor outside the control of AroundYou, including but not limited to any Act of God, war, breakdown of plan, industrial dispute, electricity failure, governmental or legal restraint.
- Account Manager
- Is a member of AroundYou staff and who is assigned to your subscription and who should be regarded as the Advertisers point of contact within AroundYou.
- Any person or entity that enters into an arrangement with AroundYou for the provision of advertising services provided by AroundYou or any of its affiliated network sites or businesses.
- Advertiser Content
- Any information, advertisement, business name, trade name, trademark, design, logo, photograph, illustration, graphic, artwork, text or other material including the materials for directory listings on an AroundYou Website, the URLS of the Advertiser’s websites which may be hyperlinked to the AroundYou Website which the Advertiser provides including through the use of the Advertiser’s online account with AroundYou to upload information.
- Means acceptance, whether verbal or in writing of these terms and conditions set out here or otherwise listed at www.aroundyou.com.au.
- Featured Listing
- The directory listing assigned and created for the Advertiser in conjunction with their payable subscription including Advertiser Content and AroundYou advertising services therein.
- The amount, in dollars and cents that is payable to AroundYou in exchange for the Services provided.
- Has the meaning as defined in A New Tax System (Goods and Services Tax) Act 1999.
- Payment Default
- Meaning there are insufficient funds in the Advertiser’s credit card account or bank account, as the case may be, to cover all Fees or charges when they are due. Or any other agreed method of payment, such as cheque or electronic funds transfer, provided by the Advertiser is dishonoured or reversed.
- Any AroundYou product or service purchased and agreed to as detailed during the phone call to the Advertiser the day the Advertiser subscribes to AroundYou including all terms and conditions therein. This product includes but is not limited to directory listings products and services, setup, changes and creative services.
- The package type with a Fee associated as payable to AroundYou in exchange for Services for the specific term the subscription entitles the Advertiser to.