Terms and ConditionsAdvertising - Terms and Conditions of Use
All Advertisers on Creative Addiction ("Site") agree to be bound by the following terms and conditions.
Amounts Owed to Creative Addiction
All amounts owing to CREATIVE ADDICTION (ABN 86 845 841 248 /002) by Advertisers must be paid within 7 days of the date of invoice notwithstanding any errors or omissions in any advertisement placed on the CREATIVE ADDICTION Site. CREATIVE ADDICTION may charge Advertisers interest on late payment at the rate of 12.5% per annum.
Right to refuse an advertisement
CREATIVE ADDICTION reserves the right to withdraw without notice to the Advertiser any advertisement that is or appears to CREATIVE ADDICTION to be contrary to law. CREATIVE ADDICTION reserves the right to either reject or remove any advertisement from its Site and is under no obligation to provide any reason or reasons for its decision.
Indemnify of Creative Addiction
Advertisers agree to indemnify CREATIVE ADDICTION, its officers, employees and agents against all claims, actions, suits, liabilities, costs and expenses incurred on any account by CREATIVE ADDICTION as a result of the listing or proposed listing of any advertisement by an advertiser on the Site, or any related site.
CREATIVE ADDICTION cannot and does not guarantee or warrant to the Advertiser that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Advertisers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
CREATIVE ADDICTION does not warrant to Advertisers that services generally available through the Site will be uninterrupted or error free. CREATIVE ADDICTION will use its reasonable endeavours to ensure that any disruptions to or a denial of access to its Site will be remedied as quickly as possible.
CREATIVE ADDICTION makes every effort to avoid errors in advertisements it has agreed to post to the Site. However, CREATIVE ADDICTION accepts no responsibility or liability for any errors and requires that Advertisers check their advertisements for errors as soon as they are placed on the Site.
CREATIVE ADDICTION is not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in listing an advertisement.
Advertisers agree at all times to deal with any information or products provided by CREATIVE ADDICTION or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
Advertisers agree not to use the Site to post any pyramid scheme on the Site.
Advertisers must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances or codes of conduct, including but not limited to the Trade Practices Act 1974 (C'th), the Fair Trading Acts in all applicable States and Territories and the relevant Estate Agents Acts in all applicable States and Territories.
Advertisers agree to keep CREATIVE ADDICTION, its officers, employees and agents fully indemnified against any actual or contingent costs, expenses, charges, damages or liabilities incurred in relation to any actions or claims brought by any person or entity against CREATIVE ADDICTION as a result of an actual or alleged breach by you of any law, regulation, by-law, ordinance or code of conduct or such other actions or claims brought as a consequence of your advertisement appearing on the Site.
Advertisers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without CREATIVE ADDICTION's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.
Advertisers agree that CREATIVE ADDICTION retains all intellectual property rights contained in any of the goods and services provided to you by CREATIVE ADDICTION.
Advertisers understand and agree that the following actions constitute a new/additional advertisement under this agreement: reposting an archived or deleted ad; extending an ad beyond 365 days (known as "renewing" and this can occur on multiple occasions). Changes to the ad's body copy and ad title or location, do not constitute a new ad, regardless of the method used to post the ad.
Privacy Laws & Credit Checks
Advertisers agree to comply with the National Privacy Principles set out under the Privacy Amendment (Private Section) Act 2000 ("NPP's") See www.privacy.gov.au for more information on the Australian NPP's.
Use of Directory Categories
Advertisers must ensure that advertisements posted to the Site are posted to the appropriate category of the Site and the onus is on Advertisers to ensure that they familiarise themselves with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
CREATIVE ADDICTION reserves the right and Advertisers must accept as a condition of advertising on the Site, CREATIVE ADDICTION's right to re-classify advertisements posted to the Site, entitling CREATIVE ADDICTION to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on its Site.
This agreement is governed by the laws of New South Wales. Advertisers irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
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