Hotfrog AdVantage Terms and Conditions

Hotfrog AdVantage Terms and Conditions
between
Moboom Limited ABN 46 136 737 767 (Trading as Hotfrog)
and
the user of Hotfrog AdVantage ("You" or "Your")

Perth.Plumbing Terms and Conditions

between

Moboom Limited ABN 46 136 737 767 (Trading as Perth.Plumbing)

and

the user of Perth.Plumbing ("You" or "Your")

The terms set out below (the Perth.Plumbing Terms), the Perth.Plumbing terms of use and the Perth.Plumbing privacy policy (collectively the Perth.Plumbing Agreement) govern Your purchase and use of a Perth.Plumbing ad and Perth.Plumbing profile page (Perth.Plumbing ) and form a binding agreement between Perth.Plumbing and You in relation to Perth.Plumbing on the Perth.Plumbing website located at www.Perth.Plumbing.com.au.

For the purposes of the Perth.Plumbing Agreement, references to:

the “Agreement” in the Perth.Plumbing Website Terms of Use and Perth.Plumbing Privacy Policy are references to the “Perth.Plumbing Agreement”; and

Content in the Perth.Plumbing Website Terms of Use and Privacy Policy include, without limitation, all text, graphics, icons, photographs, URLs and any other content provided to Perth.Plumbing for the purposes of obtaining or maintaining Perth.Plumbing

Any terms not defined in these Perth.Plumbing Terms have the meaning given them in the Perth.Plumbing Website Terms of Use.

Please read all of these terms carefully before using Perth.Plumbing . If You have any questions, please contact Perth.Plumbing prior to agreeing. By using Perth.Plumbing You acknowledge and agree that You have had an opportunity to read and understand the Perth.Plumbing Terms and agree to be bound by them.

1. General

1.1 Perth.Plumbing entitles You to :

(a) a Perth.Plumbing ad, the appearance of which is conditional upon a user’s search, intent or location

(b) a Perth.Plumbing profile page with no other advertising or profiles;

(c) daily reports accessed via the Perth.Plumbing dashboard.

1.2 You are entitled to change any aspect of Your Perth.Plumbing ad or your Perth.Plumbing profile page at any time. Such changes may only be made by Your business’s authorised login administrator.

2. Your obligations

2.1 You must not in respect of Your Perth.Plumbing :

(a) submit Content that contains data that may be regarded by Perth.Plumbing as inappropriate, inaccurate, defamatory or otherwise offensive.

(b) infringe any law, regulation, standard or relevant industry code;

(c) infringe the copyright, trademark or proprietary right of another party;

(d) be involved in any fraudulent activity;

(e) sell or promote any:

(i) illegal business activities; or

(ii) products prohibited in the country in which Perth.Plumbing is registered.

2.2 You must:

(a) ensure that the business which is the subject of Your Perth.Plumbing operates in the country in which com.au is registered;

(b) own the Content or have the right to use and publish that Content;

(c) have the right to represent the individual, entity, product or service mentioned in Your Perth.Plumbing .

2.3 To the full extent permitted by law, Perth.Plumbing does not provide any guarantees as to the performance or success of Your business as a result of purchasing Perth.Plumbing .

2.4 You acknowledge that You are responsible for submitting input, optimising and maintaining the content of Your Perth.Plumbing .

3. Termination and modifications

3.1 Perth.Plumbing reserves the right to modify, discontinue or disable Your Perth.Plumbing or any part of Your Perth.Plumbing (on a permanent or temporary basis) at any time.

3.2 Perth.Plumbing may terminate the Perth.Plumbing Agreement, remove Your Perth.Plumbing and/or refuse You access to Your Perth.Plumbing if You have breached, or we consider that You intent to breach, the Perth.Plumbing Agreement or for any other reason that Perth.Plumbing , in its sole discretion, sees fit.

4. Payment Terms

4.1 You will be charged the amount stated on the Perth.Plumbing section of the relevant Perth.Plumbing website (Perth.Plumbing Fee). The Perth.Plumbing Fee may be subject to change from time to time. By applying for Perth.Plumbing and accepting the Perth.Plumbing Terms, You authorise Perth.Plumbing to charge the then current Perth.Plumbing Fee in any particular month.

4.2 The Perth.Plumbing Fee will be payable monthly in advance and will be automatically deducted from Your nominated credit or debit card on each monthly anniversary of the date that You purchase Perth.Plumbing , until such time as Your Perth.Plumbing is cancelled or otherwise terminated.

4.3 Payment of the Perth.Plumbing Fee can be made by way of Visa or Mastercard credit or debit cards only.

4.4 By entering Your credit or debit cards details into Perth.Plumbing, You authorise Perth.Plumbing to :

(a) automatically debit Your nominated credit or debit card for the settlement of the Perth.Plumbing Fee each month; and

(b) debit Your nominated credit or debit card with any fees charged by financial institutions or credit or debit card issuers for processing Your transaction.

4.5 Payment must be made in Australian dollars.

4.6 If Perth.Plumbing is not able to process a Perth.Plumbing Fee in any calendar month for any reason, You authorise Perth.Plumbing to process such payment or, where relevant payments, at any time in the two calendar months after which the relevant payment is due.

4.7 If Perth.Plumbing is unable to debit for any reason the Fee from your nominated credit or debit card for two consecutive months Your Perth.Plumbing will be removed and downgraded to a free Business Profile.

4.8 You warrant that :

(a) Your nominated credit or debit card is current and valid;

(b) You are an authorised user of the nominated credit or debit card;

(c) Your nominated credit or debit card contains sufficient credit to make payment of the Perth.Plumbing Fee each month;

(d) All information entered into Perth.Plumbing is true and correct.

4.9 If any of the warranties in clause 4.8 proves to be incorrect, Your Perth.Plumbing Fee may not be debited from Your nominated credit or debit card but You will remain liable to pay that Perth.Plumbing Fee.

4.10 You may cancel Your Perth.Plumbing at any time through the cancellation process on the Perth.Plumbing Website (Cancellation) following which Perth.Plumbing will immediately downgrade Your Perth.Plumbing to a free profile. Perth.Plumbing will not refund any part of the Perth.Plumbing Fee already paid by You in respect of the month during which You process Your Cancellation. You remain liable in respect of any Perth.Plumbing fee incurred prior to cancellation or downgrade of Your Perth.Plumbing .

4.11 If Your Perth.Plumbing is removed pursuant to clause 4.7, You will no longer be entitled to the Perth.Plumbing entitlements referred to at clause 1 of these Perth.Plumbing Terms and You will need to purchase a new Perth.Plumbing at the then current price.

4.12 You acknowledge and agree that the debit of the Perth.Plumbing Fee from Your credit or debit card does not in any way guarantee the performance or success of Your Perth.Plumbing (which shall always be subject to the terms of the Perth.Plumbing Terms).

4.13 Perth.Plumbing may choose not to process a transaction if it has reasonable grounds for doing so. If this occurs, You will be notified so that an alternative payment mechanism can be arranged.

5. Processing payments

5.1 The payment process commences once You have entered Your credit or debit card details into Perth.Plumbing. Once You have entered Your details, payments can not be reversed, voided or stopped by You.

5.2 Perth.Plumbing may require additional information from You before processing Your payment.

6. Privacy

6.1 Any personal information entered into Perth.Plumbing:

(a) will be dealt with in accordance with the Perth.Plumbing Privacy Policy; and

(b) may be collected and stored by Perth.Plumbing’s service provider, on behalf of Perth.Plumbing.

7. Liability

7.1 To the full extent permitted by law, and to the extent that liability has not been excluded under the Perth.Plumbing Terms, Perth.Plumbing’s maximum liability to You for any loss or damage which You suffer, directly or indirectly as a result of purchasing Perth.Plumbing , will be an amount equivalent to the Perth.Plumbing Fee paid by You.

8. Dispute Resolution

8.1 In the event of any controversy or claim arising out of or relating to this Agreement, Perth.Plumbing and You hereto shall consult and negotiate with each other and, recognising their mutual interests, attempt to reach a solution satisfactory to both parties.

If Perth.Plumbing and You do not reach a settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to this Agreement shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. Perth.Plumbing and You shall seek to mutually appoint an arbitrator. If Perth.Plumbing and You cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party and a third selected by the first two. Arbitration will take place in Australia. All negotiation and arbitration proceedings pursuant to this clause will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence or applicable legislation and jursdictions. The language of the arbitration shall be English.