These terms & conditions apply to our service of listing of information about a business, event or job vacancy, (Listing), paid (Service), in the Business Directory, HunterValleyXP maintains the Website, Directory, Event Listings, Job Board and database with paid Listings. HVXP has sole discretion whether to accept an application for a Listing, provide the Service and publish a Listing on the Website in the Directory.
1. Contract – Terms & Conditions
1.1 By applying for a Listing on the Website, you are offering to make a contract with HVXP for the Service. If HVXP accepts your Listing, then HVXP has accepted the contract (Contract). The terms & conditions that apply to your Contract and the Service are set out in:
(a) these terms & conditions including any attachments;
(b) the Listing form on the Website;
(d) any advertising rules and/or guidelines which apply to your Service; and
(e) any policies provided equivalent approved and authorised document received by HVXP, Together, the Terms & Conditions.
1.2 The Terms & Conditions supersede any terms & conditions previously issued, in writing, verbally, on www.Huntervalleyxp.com.au or otherwise provided by HVXP.
2. Contract Period
2.1 The Contract begins on the date the approved and authorised Listing form and payment details, or equivalent contract, is received by HVXP.
2.2 The Contract will continue for the period set out in the online advertising form or equivalent contract.
3. Contract Amendment
3.1. HVXP, in its sole discretion, may vary these Terms & Conditions at any time without notice. The changes will be effective as soon as they have been posted on the Website.
3.3. You should check the Terms & Conditions from time to time so you are aware of any changes to the site and services. Your continued use of the Website after any modifications indicates you have accepted the new Terms & Conditions.
4. Listing Content
4.1. The Business is responsible for uploading and maintaining all content about the Business in the Listing, in accordance with HVXP requirements on the Website.
4.2. HVXP will determine the keywords, categories and other material used to describe or categorise a Listing.
4.3. HVXP may amend, edit, remove, revise or refuse to publish any Listing. HVXP reserves the right to include or exclude entry to, or remove a business, event or job listing from the website at any time, for any reason whatsoever, in its sole discretion, and without any liability to HVXP.
4.4 HVXP takes no responsibility for the content, or omissions from content, in any Listing.
5.1. This Contract may be terminated in the following ways:
(a) At any time, if the Business and HVXP agree in writing (including by email or online form);
(b) By HVXP, without notice if:
- the Business (being an individual) is declared bankrupt; or
- any action is taken in relation to the Business which, if the Business is a corporation, reasonably indicates its insolvency (e.g. action is commenced for HVXP to be wound up or placed in liquidation) or if the Business is a person then similar events occur which indicate bankruptcy;
- the Business fails to comply with any of its obligations to HVXP including, without limitation, the Business’s obligations to make any payment to HVXP in cleared funds by the due date for payment, or if applicable, maintain sufficient funds as required in this Contract.
5.2. HVXP may without notice terminate this Contract and all its obligations to a Business. From termination HVXP ceases to have any obligation to supply services to the Business. Clause 6.5 survives termination by HVXP.
6. Liability and Indemnity
6.1. The Business indemnifies HVXP against any claim by any third party against HVXP in respect of any matter arising from the operation, use, transfer of data or money to and from HVXP by the Business.
6.2. By lodging material in the Listing, including electronic material or data for publication or authorising or approving the publication of any material with HVXP, the Business indemnifies HVXP and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and without limiting the generality of the above, Business and or advertising agencies indemnify HVXP and its directors, employees and agents against any claims arising from the following, including but not limited to:
(a) infringement of copyright;
(b) infringement of trademarks, names of publication titles, licences, royalty rights or other intellectual property rights;
(c) defamation, libel, slander of title;
(d) unfair competition;
(e) breach of trade practices, privacy or fair trading legislation; and
(f) violation of rights of privacy or confidential information.
6.3. The Business indemnifies HVXP for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the Service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Listing, in a Directory, on the Website, or any of its printed material.
6.4. The Business may not assign its rights or obligations under any agreement with HVXP, without the prior written consent of HVXP.
7. Intellectual Property
7.1. Intellectual property included on the Website belongs to HVXP. Business obtain no interest in the intellectual property. A Business may not do anything which interferes with or breaches those intellectual property rights.
7.2. Apart from fair dealing permitted by the Copyright Act 1968, HVXP grants Business on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
9. General Notices
9.1. Any notice to be served to HVXP under this Contract must be served by post or email to HVXP at: 1 Lyndhurst Crescent, Hunters Hill NSW 2110 or via our online contact form.
9.2 If any part of these terms & conditions are unenforceable the remainder will not be affected.
9.3 All correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in New South Wales. These terms & conditions are governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
10. Listing Fees, Invoicing and Payment
10.1. The prices for a Business listing, Job Board ad or What’s On listing and levels of Listing, (Listing Fees) are set out on the Website. HVXP reserves the right to change the prices and levels of Listing at any time, on the Website. These changes will take effect immediately. The changes will apply to the Business, when the Business purchase a Listing or renews its application for a Listing.
10.2. Invoicing and payment:
(a) Upon receipt of the approved and authorised order form, commercial credit application, agreement with a sales person or equivalent contract by HVXP, the Business will be issued with a tax invoice, inclusive of GST, of the amount payable for the Listing Fee.
(b) The Business must pay all Listing Fees and charges by PayPal or upon receipt of a tax invoice on the payment dates set out in that document.
(c) The Listing Fee and other charges are exclusive of GST. If and when GST is payable on the Listing Fee, this will be reflected on the Website and in the charges payable by the Business, and the Business agrees to pay the GST.
(d) Payment methods: HVXP accepts the payment methods set out on the Website, for the Listing in the Directory, on the payment terms set out on the Website.
(e) Funds: If required by the payment arrangements agreed between HVXP and the Business, the Business must at all times maintain sufficient funds in the Business’s credit card account or the bank account (as the case may be) to cover all fees or charges payable to HVXP as and when they are due.
(f) Credit Card: If the Business pays by credit card, then HVXP reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. The Business acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
(g) Debt collection: If the Business’s account exceed HVXP’s payment terms, HVXP will pass it on for collection and or legal action. If so, the Business is liable for all costs including debt collection, commission, solicitor’s fees and any out of pocket expenses incurred in recovering the debt.
(h) Default: If the Business exceeds HVXP’s payment terms and as a result is passed on for collection and or legal action HVXP may place a default against the Business with a credit reporting agency.
(i) Directors’ liability: If the Business is a company, in consideration of HVXP having agreed at the directors’ request to supply its Services and accept a Listing, the directors of the Business unconditionally and irrevocably guarantee, jointly and severally, the due and punctual payment to HVXP on demand of all monies now or in the future payable to HVXP by the Business. This guarantee is a continuing guarantee and is not affected by any payment of monies or settlement of account, HVXP granting time or any other indulgence to the Business or any other person; any arrangement between HVXP and the Business or any other person, HVXP failure or neglect to recover monies, any lack of power on any director’s part to give this guarantee; release, discharge or transfer of any security held by HVXP; any director not executing this guarantee; or any other event, act or omission on HVXP’s part whatsoever. This guarantee is a principal obligation and is enforceable.
10.3. The Business acknowledge and agree that where the Business is a partnership, by each of its partners, or where the Business is a company, by each of its directors, that HVXP may, at any time, in relation to either the Business, a partner or director:
(a) disclose information contained in Listing order form, including verbal order form, concerning that person to a credit reporting agency in accordance with the Privacy Act 1988(Cth), another credit provider; or to obtain a credit report from another credit provider about that person’s credit worthiness; disclose information to another credit provider about that person’s consumer credit worthiness;
(b) use information that concerns that person’s commercial activities or commercial credit worthiness pursuant to the Privacy Act 1988 (Cth) following the receipt of a credit report for the purpose of assessing a commercial credit application;
(c) disclose a report , including a verbal report, concerning that person, or any information derived from such a report, to another credit provider who requests the report or information for the purpose of assessing an application by that person for credit;
(d) disclose this information to our solicitors, or a collection agency, in the event of the account being delinquent in accordance with the Privacy Act 1988 (Cth).
10.4 A credit reporting agency in possession or control of a credit information file relating to either the applicant or a partner or director of the applicant may disclose personal information contained in the file to HVXP, pursuant to the Privacy Act 1988 (Cth).
10.5 Nothing prevents HVXP from taking any action necessary to recover unpaid fees and charges. The Business is liable for all costs including debt collection, commission, solicitors fees and any out of pocket expense.
10.6 If the Business exceeds HVXP’s payment terms and as a result is passed on for collection and or legal action HVXP may place a default against the Business with a credit reporting agency.
11. Cancellation Policy
11.1. If the Business wants to terminate their Contract and remove the Listing, then the Business must give one (1) weeks notice to HVXP.
11.2 HVXP will not grant a refund on Listing Fees paid.