Date Posted: 1 October 2011
Effective Date: from 1 October 2011
Acceptable Use Policy is the document that is located on SCOC website at [Acceptable Use Policy link].
Agreement means the documents and other items listed in clause 2. 1.
SCOC website means the website branded as “Southport Chamber of Commerce & Industry Inc” and currently available at www.southportchamberofcommerce.org.au, which provides the Directories and a range of information, services, including Third Party Applications, social media features and advertising, as may change from time to time in Our discretion.
CCA means the Competition and Consumer Act 2010 (Cth).
Directory means each of the business directories to the local businesses.
GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Fees means the amount that is payable for products or services other than Membership fees and Subscriptions, inclusive of GST.
Include(s) is not a word of limitation.
Level means the particular grade of a Subscription that may be available for a Directory. A Subscriber is entitled to use a different set of features in each Level of each Directory.
Membership Level means the particular grade of a Membership that may be available to a financial member of the Southport Chamber of Commerce.
SCOC (We, Our or Us) means Southport Chamber of Commerce Inc ABN 79 570 166 740 June 2011
Notice means a formal Notice given under this Agreement, which complies with clause 10. 5.
Promotion Code means any numbers, letters or other data that is used to signify that the user is entitled to a discount, rebate or other special consideration.
Subscription Fees the amount that is payable, inclusive of GST, for a Subscription for the Subscription Period.
Membership Fees the amount that is payable, inclusive of GST, for an annual Membership of SCOC.
Subscription means the right to enter data into a single Directory and use the features that are available for subscribers of that Level of Subscription for the Subscription Period. The features, benefits and any obligations relating to each Level of each Subscription of each Directory are stated in the relevant Subscription description page in the SCOC website.
Subscription Period means the period for which the Subscriber is entitled to use the Subscription, such period to be 12 months or such other period determined at the time that the Subscriber agrees to pay the Subscription Fees. The Initial Subscription Period is the first Subscription Period for that Level of Subscription. A Subsequent Subscription Period is the each period that the Subscription is renewed at that Level in accordance with this Agreement. Each agreement in respect of Subscription Period is separate and independent agreement made on the terms and conditions of this Agreement.
Third Party Application means any application on SCOC website for which the intellectual property rights are owned by a person other than Us, including Adobe Business Catalyst.
Third Party means any person other than You or Us.
You means the individual user of the SCOC website, or, if You are using SCOC website on behalf of Your employer or other organisation, You means Your employer or other organisation, as applicable.
2.1. When You use SCOC website You must comply with:
2.1.1. the terms and conditions in this document;
2.1 2. any requirements that are stated in the SCOC website when:
a) You become a member of the SCOC
b) You become a Subscriber (including any obligations in the relevant Subscription description page); or
c) make any other purchase from SCOC website;
2.1 3. if You enter any competition, draw, complete any survey or otherwise interact on the SCOC website or; any requirements that are drawn to Your attention at the time as being applicable;
2.1.4. if You use a Promotional Code; the terms and conditions that apply to the use of the Promotional Code;
2.1.5. the Acceptable Use Policy; and
2.2. If You use any Third Party Application that is accessed via SCOC website You must comply with the terms and conditions that are applicable to the Third Party Application when using the services on that website, the location of such terms and conditions will be found on the Third Party Application’s website.
2.3. If You use the SCOC website to access the other websites, You must comply with the terms and conditions on any such websites when using the services on that website, in accordance with the terms and conditions of such websites.
2.5. Nothing in this Agreement excludes, restricts or modifies, or has the effect or excluding restricting or modifying the provisions of the CCA in contravention of the CCA.
3.1. The SCOC website is designed for business use, primarily being the promotion and sale of professional and ethical products, services and their providers, networking and the exchange of information amongst the businesses of the greater Southport region.
3.2. We provide the SCOC website for Your use on each occasion that You visit the SCOC website provided that You comply with Agreement. Unless You purchase a Subscription for one of the Directories or use one of the other services that require the payment of Fees, We do not charge for Your use of the SCOC website.
3.3. Our role in providing the SCOC website is limited to creating and operating the website, providing a website where users may interact, communicate and transact with Us and/or third parties, including Third Party Application providers, advertisers and members of the public. We are not responsible for, nor do We control nor are We responsible for verifying:
3.3.1. the information provided by You or Third Parties (including the information provided in the Directories);
3.3.2. the products, services or other items that may be marketed or provided by Third Parties directly or indirectly via the SCOC website;
3.3.3. the availability or content, operation or service provided by any Third Party Application;
3.3.4. the information or other data posted in, or accessible via, any blog, Twitter or other social media accessible on SCOC website.
3.4. You are responsible for all costs, both capital and on-going/use, involved in connecting to and using the SCOC website, and if We or a Third Party updates the SCOC website or any application on it, and this update requires a new or upgraded software, hardware or network technology to connect to, or use, it, then any costs associated with that upgrade are solely Your responsibility too.
3.5. You must ensure that all data that you enter into a Directory or the SCOC website is accurate, complete and not misleading or deceptive (or likely to be misleading or deceptive). In addition to our rights in the Acceptable Use Policy We reserve the right to:
3.5.1. Correct information that we believe includes errors (e. g. spelling mistakes);
3.5.2. Re-designate the categories/fields that you have selected if We change the categories/fields or if We believe that You cannot substantiate that You are entitled to use the relevant field.
Where we make a change that we believe is material We will use our best efforts to notify You of the change and allow You to verify the change or provide Us with material to support Your designation.
3.6. In order to respond to market needs We may, in Our discretion, change, delete or add any features, functions, applications, offers, deals, advertising, navigation, Directories, categories/fields or other criteria within a Directory, the look and feel, branding or any other item on SCOC website, or the infrastructure or technology on which it is operated, without liability to You, subject only to clause 5. 5. 3(a). In particular We may cease to offer any free Subscription on a free of charge basis, and may charge for such Subscription in the future.
4.1. You must complete any information requested on SCOC website fully and accurately, particularly when the information requested determines the amount of Fees or Subscription Fees that are due. If you use a Promotional Code You warrant that You meet the terms of the use of that Promotional Code.
4.2. You must pay Us:
4.2.1. the Subscription Fees for any paid Initial Subscription or for any Subsequent Subscription Period, in advance;
4.2.2. the Fees for any Membership or other product or service at the time you order it; and
4.2.3. any Fees that are charged in respect of the transaction, including fees determined by Us in respect of using a credit/debit/charge card; using one of the payment methods offered by Us.
4.3. We will email You a Tax Invoice on successful authorisation of any payment. This Tax Invoice will be emailed to the email address You have provided.
4.4. If You make payment by credit/debit/charge card, and the financial institution subsequently refuses to honour the payment for any reason, or for any other reason payment is not honoured or completed (other than providing a refund as required by law), then:
4.4.1. You must immediately pay the Fee for the relevant goods, services, Membership or Subscription by a means acceptable to Us or the Third Party (as applicable); or
4.4.2. We may re-submit Your credit/debit/charge card details to the financial institution in an attempt to collect payment, and You must pay a non-payment fee of $35. 00, plus GST, for each occasion when payment was not made properly. You authorise Us to collect the non-payment fee using the same payment method without further reference to You.
4.5. If You purchase any product or service from a Third Party, for example when you use a Third Party Application, or from an advertiser, then this transaction is outside of the Agreement, and You will enter into an agreement directly with the Third Party on terms and conditions determined between You and the Third Party. We may, in certain circumstances collect payment as agent for the Third Party, and if this occurs You will be notified at the time.
4.6. All amounts under this Agreement are stated in Australian Dollars.
If You purchase a Subscription from Us the terms and conditions in this clause 5 also apply.
5.1. You can purchase a Subscription to a particular Level of a Directory for the Subscription Period by completing the online order details. Once you have authorised payment of the Subscription Fees You have purchased the Subscription for the Initial Subscription Period.
5.2. If You enter a valid Promotional Code for a particular Subscription the amount of the Subscription Fees and/or the Level and/or the Subscription Period will be varied for the Initial Subscription Period to comply with the terms of the promotion related to the Promotional Code.
5.3. At least 30 days prior to the end of the Initial Subscription Period, and of each Subsequent Subscription Period thereafter:
5.3.1. We will email or fax You with notice of the Subscription Fees that will apply for the Subsequent Subscription Period (which shall be 12 months from the last day of the pervious Subscription Period unless advised otherwise), the Level of the Subscription, description of the features and obligations of the Subscription and the details of the payment arrangement, including credit/debit/charge card details) that will be used to obtain payment (a Renewal Notice); and
5.3.2. unless You provide Notice in the manner stated in the Renewal Notice stating that You do not want to enter into the Subscription for the Subsequent Subscription Period:
a) You will purchase that Subscription at the Subscription Fees for the Subscription Period, commencing on the day after the end of the last day of the previous Subscription Period; and
b) We will take payment using the payment arrangements stated in the Renewal Notice on or promptly after the first day of the Subsequent Subscription Period or You will be otherwise obliged to make immediately payment of the Subscription Fees.
5.4. You may terminate any Subscription for convenience at any time by giving Us Notice; however You are not entitled to any refund of any Subscription Fees in these circumstances.
5.5. If We:
5.5.1. post a change to the Agreement that adversely affects a Subscription for which You have already paid the Subscription Fees; or
5.5.2. fundamentally change the essential overall nature of the SCOC website website (e. g. We remove one or more Directories or remove the industry calendar, the Blog, Twitter and at least two other applications) then,
5.5.3. You may give Us Notice within 5 business days of the date of posting that You do not want to be bound by that change or continue with Your paid Subscription and:
a) We may give You Notice to immediately terminate the Subscription (Termination Notice), and promptly provide a pro rate refund of any unused Subscription Fees for that Subscription; or
b) if We do not provide such Termination Notice within 5 business days of the date when We received Your Notice and the change is of the type referred to in clause 5. 5.6, We elect not to make the change to the Agreement in respect of Your Subscription for the remainder of the Subscription Period. In this event the change to the Agreement will only apply if and when Your Subscription is subsequently renewed.
5.7. We may immediately suspend your entry in any Directory if you breach this Agreement, and may terminate Your Subscription if you do not remedy the breach within 3 business days of Notice from Us.
6.1. You are entitled to a refund of any amount paid to Us for a product, service or a Subscription purchased from Us using SCOC website only:
6.1.1. if the refund must be paid by law. There is no need to show proof of purchase as we will have a record of Your payment;
6.1.2. if clause 5. 5. 3(a) applies.
6.2. You are entitled to a refund of the amount paid for any product or service purchased from a Third Party only in accordance with the agreement between You and the Third Party. We are not liable to provide any refund in respect of any product or service acquired from a Third Party, even if We have collected payment as agent for the Third Party.
7.1. We reserve all intellectual property rights in the SCOC website. We reserve any intellectual property rights that may exist in the Directories and any search results that arise from the use of search and reporting facilities, including copyright in the work as a compilation.
7.2. Each Third Party Application Provider who uses the SCOC website reserves any intellectual property rights that it has in the Third Party Application.
7.3. You are granted a limited right to:
7.3.1. use the SCOC website for Your own internal business purposes; and
7.3.2. use the Directories, any data derived from the Directories or any search of the SCOC website or any Directory, solely for the purpose of connecting with the Directory entrant for a business purpose, provided always that nothing in this Agreement grants You any right to copy, adapt or use the data that is derived from any Directory or the SCOC website for the purpose of bulk marketing, promotion or creating other directories or lists for any purpose, including for creating competitive directories, lists or services whether online or not.
7.5. If You provide us with any feedback or suggestions as to how to improve the service, we may use that feedback or suggestions without reference to you and without payment. Any intellectual property that is created as a result of such feedback or suggestions vests in Us or is hereby assigned to Us without charge.
7.6. Where You include a logo or trademark in a Directory entryor in any Third Party Application You grant Us an irrevocable, non-exclusive, royalty-free, license to the use, copy and sub-licence that logo or trademark in association with the details in Your directory entry, whether those details are in our Directory or a third party’s directory. The logo or trademark may be re-sized (but remain with the same relative proportions) or be printed in black and white (but not other colours) in any such reproduction.
8.1. If We fail to comply with a statutory guarantee under sections 60 – 62 of the CCA, then to the extent permitted by law, Our liability for such a failure is limited to, at Our option:
8.1.1. supplying the services again; or
8.1.2. payment of the cost of having the services supplied again, provided that it is fair and reasonable for Us to rely on this term of the agreement.
8.2. To the maximum extent permitted by law, We expressly exclude any warranty, guarantee or liability that results from:
8.2.1. incomplete, inaccurate or misleading information that has been supplied by You or any Third Party, including any entry in a Directory;
8.2.2. any breach of the Acceptable Use Policy by any person other than Us;
8.2.3. use of any Third Party Application;
8.2.4. any data or other information posted in a blog, Twitter or other social media, other than a post made by Us;
8.2.5. any information, product or service provided by, or acquired from, any person other than Us from SCOC website;
8.2.6. any information, product or service provided by, or acquired from, any person other than Us as a result of visiting another website that is accessible via the SCOC website;
8.2.7. the unavailability of any Third Party Application or service that is provided and/or hosted by a Third Party, even if that Third Party Application is normally available via SCOC website.
8.3. You will indemnify Us for any loss, damage or expense suffered or incurred by Us that results directly or indirectly from:
8.3.1. a breach of the Acceptable Use Policy;
8.3.2. any posting made by You or on Your behalf on a blog, Twitter or any other social media on, or connected with, SCOC website.
10.1. We may issue a press release describing our relationship with you.
10.2. We agree that both of us may use electronic communications in connection with this Agreement. Any electronic communication shall have the same effect as if it was a hard copy document with the same information on it.
10.3. We may give any Notice via posting the information on the SCOC website and/or emailing You using the email address provided by You as Your account administration contact in a Directory. It is Your responsibility to visit SCOC website regularly to look for any Notices.
10.4. You may give us Notice using the Contact Us form on SCOC website and heading the information with the words “Formal Notice Issued under the Terms and Conditions”.
10.5. Any Notice is deemed received:
10.5.1. if posted on SCOC website; on the 10th business day after the date of posting;
10.5.2. if given by email, or using the Contact Us form on SCOC website, on the business day following sending the email or sending the Contact Us form.
10.6. Either party may assign its obligations under this Agreement by giving Notice to the other.
10.7. All dates and times refer to dates and times in Sydney, New South Wales. This Agreement is subject to the laws and exclusive jurisdiction of the courts of New South Wales, Australia.
11.1. If You wish to make a complaint or provide any comments regarding the service on the SCOC website, these Terms & Conditions, or the service You have received from a Third Party Provider, You can do so through contacting us using the [Contact Us Form link].