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1. Application
of Terms and conditions of Use
a. These
terms and conditions apply to the use of TrafficNetworks.com.au (“this
website”). In using this website, you agree to be bound by these terms
and conditions. If you do not accept these terms and conditions, you must
refrain from using the website.
b. These
terms and conditions must be read in conjunction with any other applicable
terms and conditions governing the use of this website.
2. Terminology
a. In
these terms and conditions, the expressions “we”, “us”
and “our” are a reference to Barkleys Advertising Agency Pty Ltd
(ACN 079 286 454) trading as ‘TrafficNetworks.’
b. A
reference to “members” is a reference to advertisers and publishers
who registered themselves on this website.
c. A
reference to “our material” is a reference to all information or
material contained in our accessible at or via this website.
d. A
reference to “deep hyperlink” means any hyperlink that provides a
link to, or access to, a web page or internet location that is part of our
internet domain, other than a hyperlink to the home page of that domain or the
home page of a subsidiary domain.
e. A
reference to “embedded hyperlink” refers to any method or mechanism
of hyperlinking, where it appears that:
i. the
hyperlinked material is part of the website or internet location containing the
hyperlink; or
ii. the
hyperlinked material is not part of the web page or internet location where it
is originally located.
f. A
reference to “hyperlink” or “link” means any mechanism
of providing a link from one location on the internet (or a web page) to
another location on the internet, (or a different web page, or a different
location on the same web page) and includes any mechanism for linking to, or
providing access to files via the internet.
g. A
reference to “keying” means any process or method by which a web
page containing our material will be returned in search engine results when a
search is conducted for competitors band or identity
(or vice-versa).
3. Amendment
to Terms and Conditions
a. We
reserve the right to amend these terms and conditions from time to time.
Amendments will be effective immediately upon notification on this website.
b. Your
continued use of the website following such notification will represent an
agreement by you to be bound by the terms and conditions as amended.
4. Membership
(only applicable to advertisers and publishers)
a. In
order to be able to access some of the information on this website, and in
order to become an advertiser or a publisher, you must become a member. To become a member, you must complete
your registration details in the manner described in our website.
b. Registration
is free but non-transferable.
c. Membership
is only open to you if you are 18 years old or over. If you are under 18 years
of age, you must not register as a member.
d. We
reserve the right to terminate your membership at any time if you breach these
terms and conditions
e. You
agree to ensure that your registration details are true and accurate at all
times. Specifically, you must notify us of any change to the registration
details as originally provided by you.
f. Upon
registration, you will be provided with a password and account designation. You
agree to pay for our services in the manner specified on the website.
g. You
agree to provide all documents which we deem as necessary for the purpose of
verification of you or your organisations’s identity.
h. You
agree to pay for our services in the manner specified on our web site (where
applicable).
i. We
reserve the right to terminate your membership at any time if you breach these
terms and conditions or any other terms and conditions governing the use of our
website.
5. Cancellation
of Membership (only applicable to advertisers and publishers)
a. Membership
will be ongoing until you provide written notice of cancellation of membership
to us via email in the following manner:
(i)
Written
notice of cancellation of Membership must be provided to us not less than one
(1) month before the date of effective cancellation;
(ii)
Written
notice of cancellation of Membership must indicate the date of effective
cancellation of Membership.
b. For
advertisers - on cancellation of your membership, you will be refunded the
balance of monies you have paid on a pro-rata basis less reasonable
administration fees and applicable bank fees. Whilst we endeavour to cancel
your membership and remove your advertisement on the date specified on your
written notice of cancellation, we will not be liable for any loss or damages
in relation to any delay in the cancellation of your membership or removal of
your advertisement.
c. For
publishers - on cancellation of your membership, we will pay to you all monies
payable to you in accordance to real-time ad statistics presented to you by us
until the date of effective cancellation of your membership less reasonable
administration fees and applicable bank fees.
d.
All refunds and monies payable to members under Clause 5(b) and 5(c) will
be paid to the members within 14 days from the date of effective cancellation
of Membership.
6. Payment
for our services (only applicable to Members)
a. Once
you are registered as a Member of this website and would like to use our
services (either as an advertiser or a publisher), you agree to pay to us fees
for our services according to the calculations as specified on the website.
b. For
advertisers - payment may be made to us via paypal, real time credit card,
cheque and direct deposit into our nominated bank account. You agree that the
amount payable to us is based on the real-time ad statistics presented to you
by us. You acknowledge that we do not endorse real-time ad statistics or any
other ad statistics from you or any third parties. For reasons of why we do not
endorse ad statistics from you or any third parties, please refer to Clause
9(n).
c. For
advertisers – If you have made payment via credit card and a credit card
chargeback occurs, we reserve the right to request you to indemnify all losses
suffered by us as a result of the credit card chargeback, including, but not
limited to our fees for all services rendered to you in accordance to the
calculations as specified on the website, the bank’s chargeback fees and
any other losses we have suffered as a result of the credit card chargeback.
d. For
advertisers – If you have made payment by cheque and the cheque is
dishonoured, we reserve the right to request you to indemnify all losses
suffered by us as a result of the dishonoured cheque, including, but not
limited to our fees for all services rendered to you in accordance to the
calculations as specified on the website, the bank’s dishonoured cheque
fees and any other losses we have suffered as a result of the dishonoured
cheque.
e. For
publishers – payment will be made to you fortnightly or monthly via
cheque or direct deposit into your nominated bank account. If you choose to be
paid by direct deposit, you will be charged an administrative fee of A$25 plus
any other applicable bank fees we incur when depositing monies into your
account; these fees and charges will be automatically deducted from the amount
payable to you. You agree that the amount payable to you is based on the
real-time ad statistics presented to you by us. You acknowledge that we do not
endorse real-time ad statistics or any other ad statistics from you or any
third parties.
f. You
agree to transmit all information and credit card details using secure methods.
Your failure to do so may result in your breach of these terms and conditions
of use and in the event your personal information or credit card details are
intercepted by an unauthorised third party, you must indemnify us against any
losses we suffer as a result of your breach of these terms and conditions of
use.
g. For
the purposes of Clause 6f, you must agree to use a browser which supports a
Secure Socket Layers (SSL) protocol, such as Internet Explorer or Mozilla
Firefox or any other browsers which are known to support the SSL protocol to
transmit all your information and credit details to us.
7. Disclaimer
a. We
do not accept responsibility for any loss, damage, however caused (including
through negligence), which you may directly or indirectly suffer in connection
with your use of this website or any linked website, nor do we accept any
responsibility for any such loss arising out of your use of or reliance on
information contained on or accessed through this website.
b. We
offer no warranty in relation to the distribution, or the nature and extent of
distribution, of your content to our subscribers or guests of the website.
c. We
offer no warranty to the sales performance of members of this website in
relation to goods or services advertised or published on this website or on linked
websites. Members are solely responsible for his/her or its own sales
performance.
d. To
the extent permitted by law, any condition or warranty which would otherwise be
implied into these terms and conditions is hereby excluded. Where legislation
prohibits us from excluding or modifying the application of, or our liability
under, any such condition or warranty, that condition or warranty will be
deemed included but our liability will be limited for a breach of that
condition or warranty to the supplying of the services again or the payment of
the cost of having the services supplied again.
e. Our
links with linked websites should not be construed as an endorsement, approval
or recommendation by us of the owners or operators of those linked websites, or
of any information, graphics, materials, products or services referred to or
contained on those linked websites, unless and to the extent stipulated to the
contrary.
8. Exception
to Disclaimer
This disclaimer is not affected or modified by any of the other terms
and conditions set out below. Nevertheless, our disclaimer does not attempt or
purport to exclude liability in relation to any term implied by law which
cannot be lawfully excluded.
9. Specific
Warnings
a. You
must ensure that your access to this website is not illegal or prohibited by
laws in Victoria
and in your jurisdiction.
b. You
must not provide links to our website from any site that contains any material
that:
i. will
subject us to an action for defamation, breach of copyright, infringement of
any other intellectual property rights, or any law whatsoever; or
ii. is
not in conformity with accepted standards of public decency and good taste.
c. You
must ensure that your data is supplied on the medium and in the format
specified on this website.
d. You
must take your own precautions to ensure that the process which you employ for
accessing this website does not expose you to the risk of viruses, malicious
computer code or other forms of interference which may damage your own computer
system.
e. For
the removal of doubt, we do not accept responsibility for any interference or
damage to your own computer system which arises in connection with your use of
this website or any linked website.
f. Whilst
we have no reason to believe that any information contained in this website is
inaccurate, we do not warrant the accuracy, adequacy or completeness of such
information, nor do we undertake to keep this website updated. We do not accept
responsibility for loss suffered as a result of reliance by you upon the
accuracy or currency of information contained in this website.
g. You
acknowledge that we are not a publisher of content on this website. Our
editorial control is limited to the selection of materials to make available.
Any opinions or advice by third parties remain the responsibility of those
third parties and we do not guarantee the accuracy, completeness or usefulness
of that content or its fitness for any particular purposes.
h. You
acknowledge that we have the absolute discretion to ban IP addresses that
attempts to enter administration or user pages with incorrect login data.
i. You
acknowledge that we have the absolute discretion to delete files which we
reasonably believe may cause security risks. We do not accept liability for loss
or damage suffered due to those deleted files.
j. You
acknowledge that we have the absolute discretion to prefer some advertisements
over others and we reserve the right to give priority to such advertisements.
We do not accept liability for loss or damage suffered if we choose not to
prioritise a particular advertisement.
k. Where
the information made available over this service contains opinions or
judgements of third parties, we do not purport to endorse the contents of that
opinion or advice nor the reliability of that opinion or advice. We do not
accept liability for loss or damage caused by your reliance upon any
information obtained through this service and it remains your responsibility to
evaluate the accuracy, completeness and usefulness of any such information.
l. Responsibility
for the content of advertisements appearing on this website (including
hyperlinks to advertisers’ own website) rests solely with the
advertisers. The placement of such advertisements does not constitute a
recommendation or endorsement by us of the advertisers’ products and each
advertiser is solely responsible for any representations made in connection
with its advertisement.
m. You
must indemnify us and our related bodies corporate and our directors and
employees against any claim by a third party arising out of:
i.
your
breach of these terms and conditions;
ii.
your
use of your links to our material; or
iii.
your
use of our material.
n. You
acknowledge that the ad statistics from a hit counter maintained by another person/entity
may be inconsistent with our ad statistics due to the following reasons:
i. A
user closes the window before your site loads;
ii. The
user’s internet connection is slow and request times out;
iii. The
user is behind an ISP with a proxy ex.AOL;
iv.
The
user’s browser served the request from cache instead of from your server;
v.
Your
site was unavailable at the time of request;
vi.
Your
tracking software could not handle concurrent conditions.
By registering yourself as a Member of this website, you agree to accept
all ad statistics which we present to you and will release us from any
liability, claim, rights or actions whatsoever in relation to the accuracy or
consistency of our ad statistics.
10. Indemnity
You indemnify us, our employees and agents against all actions, claims
and demands (including the cost of defending or settling any action, claim or
demand) which may be instituted against us arising out of a breach by you of
these terms and conditions or arising as a result of your negligent or wilful misconduct
in connection with the provision of content pursuant to these terms and
conditions.
11. General
Release
You agree to release us from all actions and/or claims, existing or
arising later, in relation to our website or any services we provide via our
website.
12. Copyright
a. Copyright
in this website (including text, graphics, logos, icons, sound recordings and
software) is owned or licensed by us. Information procured from a third party
may be the subject of copyright owned by that third party. Other than for the
purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar terms and conditions, you may not in any
form or by any means:
i.
adapt,
reproduce, store, distribute, print, display, perform, publish or create
derivative works from any part of this website; or
ii.
commercialise
any information, products or services obtained from any part of this website;
without our written permission or, in the case of third party material,
from the owner of the copyright in that material.
13.
Trade Marks
a. Except
where otherwise specified, any word or device to which is attached the
‘TM’ or ‘R’ symbol is a registered trade mark.
b. If
you use any of our trade marks in reference to our activities, products or
services, you must include a statement attributing that trade mark to us. You
must not use any of our trade marks:
i.
in
or as the whole or part of your own trade marks;
ii.
in
connection with activities, products or services which are not ours;
iii.
in
a manner which may be confusing, misleading or deceptive;
iv.
in
a manner that disparages us or our information, products or services (including
this website).
14.
Non-Commercial Use
a. Unless
we agree otherwise in writing, you are provided with access to this website
only for your own personal use. You are authorised to print a copy of any
information contained on this website for your personal use, unless such
printing is expressly prohibited. Without limiting the foregoing, you may not
without our written permission on-sell information obtained from this website.
15.
Linked Websites
a. This
website may contain links to other websites (“linked websites”).
Those links are provided for convenience only and may not remain current or be
maintained.
b.
We are not responsible
for the content or privacy practices associated with
linked websites.
c. Our
links with linked websites should not be construed as an endorsement, approval
or recommendation by us of the owners or operators of those linked websites, or
of any information, graphics, materials, products or services referred to or
contained on those linked websites, unless and to the extent stipulated to the
contrary.
16. Privacy
Policy
We agree to comply with the terms of our
privacy policy.
17. Security
of Information
a. Unfortunately,
no data transmission over the Internet can be guaranteed as totally secure.
Whilst we strive to protect such information, we do not warrant and cannot
ensure the security of any information which you transmit to us.
b. Any
information which you transmit to us is transmitted at your own risk.
Nevertheless, once we receive your transmission, we will take reasonable steps
to preserve the security of such information.
18. Termination
of Access
Access to this website may be terminated at any time by us without
notice. Our disclaimer will nevertheless survive any such termination.
19. Governing
Law
a.
These
terms and conditions are governed by laws in force in Victoria.
b.
We
reserve the right to apply the laws of the jurisdiction you are residing.
c.
You
agree to submit to the exclusive jurisdiction of the courts in Victoria and to the
courts in your jurisdiction.
20. General
a. We
accept no liability for any failure to comply with these terms and conditions
where such failure is due to circumstances beyond our control.
b.
If
we waive any rights available to us under these terms and conditions on one or
more occasion, this does not mean that those rights will automatically be
waived on any other occasion.
c.
If
any of these terms and conditions are held to be invalid, unenforceable or
illegal for any reason, the remaining terms and conditions shall nevertheless
continue in full force.
21. To
Return to the Website
a. To
return to the website, click where indicated. By doing so, you acknowledge that
you have read, understood and accept the above terms and conditions of use.
I accept the above terms and
conditions of use – click
here
I do not accept the above
terms and conditions of use - click
here
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