Terms & Conditions (T&Cs) - Advertisers

TERMS FOR USE OF THE REVIEW HAVEN WEBSITE - ADVERTISERS

These terms and conditions apply to the supply of a Package or Advertising Space for the Website, which is operated by Dream Enterprises Pty Ltd ACN 147 406 746 trading as Review Haven.  

By purchasing a Package or Advertising Space, you agree to be bound by the terms and conditions set out in this Agreement as they apply to Advertisers.

1. DEFINITIONS & INTERPRETATION

1.1   Definitions

In this Agreement, unless the context indicates otherwise:

ACL” means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
Advertiser” means any person or entity that has purchased a Package or Advertising Space on the Website.
Advertising Space” means allocated banner space available for advertisements on the Website, which Advertisers can purchase for specified periods of time at our discretion. Prices are provided on application.
Agreement” means the agreement constituted by the terms set out in this document between you and us, and includes any variation to this Agreement.
Archive” means the electronic data storage facility where lapsed Packages are stored until they are restored to the Website by us or by the Advertiser.
Associates” has the meaning given in the Corporations Act 2001 (Cth).
Basic Listing” means a Listing resulting from a Registered User recommending a Product, Service or Business via the “Suggest a Listing” or “Add New Listing” link.  Basic Listings are the base level Listings that can be upgraded to a Paid Listing by purchasing a Package.
Business” means any business or commercial endeavour promoted on the Website.
Claim” includes, without limitation, any claim, action, judgement, arbitration, proceeding, suit, cause of action, defence, set off or demand.
Comment” means a response posted to a Review, and “Commenter” has a corresponding meaning.
Consequential Loss” includes, without limitation:

(a) loss of profits;
(b) loss of revenue;
(c) loss of data;
(d) lost production;
(e) loss of business;
(f) loss of the benefit of any contract or other agreement or arrangement;
(g) losses which do not arise naturally from a breach of contract in the usual course;
(h) death or personal injury;
(i) damage to health;
(j) damage to reputation; and
(k) legal costs.

Linked Websites” has the meaning given to that term in clause 4(a).
Listing” means a specified section listed on the Website dedicated to a particular Product, Service or Business. The Listing allows information about the Product, Service or Business to be displayed, as well as Reviews and Comments submitted, in accordance with the terms and conditions applicable for the type of Listing or Package.  Listings may be either:

(a) free (where a Registered User has suggested a Product or Service); or
(b) purchased (where an Advertiser has purchased a Package).

Moral Rights” has the meaning given to that term under the Copyright Act 1968 (Cth) and equivalent foreign legislation.
Package” means a Bronze, Silver or Gold Listing package which is purchased by an Advertiser to create a Paid Listing.  The Package we supply is for a Listing which contains varied levels of information able to be displayed, subject to the type of Package purchased.  The inclusions in the Packages are specified in the “Advertisers” section on the Website, and are subject to change without notice.  It is the responsibility of the Advertiser to populate and maintain the information contained within their Listing.
Package Fee” means the price per Package per month in Australian dollars (AUD) (depending on the type of Package purchased) referable to a 12 month period commencing on the date the Advertiser is provided with a Package, as set out below:

(a) Gold Package Fee – $66.00 AUD (including GST) per month for a 12 month period;
(b) Silver Package Fee – $44.00 AUD (including GST) per month for a 12 month period; or
(c) Bronze Package Fee – $22.00 AUD (including GST) per month for a 12 month period.

Paid Listing” means a Listing for which an Advertiser has purchased a Package.
Postings” any content submitted by Registered Users or Advertisers for inclusion on the Website, including but not limited to Reviews, Comments, Listings, advertisements, text, files, images, graphics, audio/sound clips, video and other materials.
Products” are any goods advertised or promoted on the Website.
Registered User” means a user of the Website who has registered and created a User Account in order to post Reviews and Comments or to purchase a Package or Advertising Space.
Review” means an assessment or evaluation of a Product, Service or Business submitted by a Registered User of the Website, and “Reviewer” has the corresponding meaning.
Services” are any services advertised or promoted on the Website.
Suggested Listings” are recommendations made by Registered Users in respect of Products, Services or Businesses which do not have an existing Listing on the Website and about which a Registered User wishes to submit a Review.
Trade Marks” means the REVIEW HAVEN word trade mark, the REVIEW HAVEN logo and any other trade marks owned or licensed by us and used on the Website from time to time.
User Account” means the account created by a Registered User upon registration on the Website.
Visitor” means a person who visits and browses the Website but does not contribute to the content of the Website.
We”, “us” and “our” are references to Dream Enterprises Pty Ltd ACN 147 406 746 and any of its Associates, and each of them severally.
Website” means the Review Haven website at www.reviewhaven.com.
You” and “your” are references to you as an Advertiser on the Website.

2. USE OF INFORMATION

(a)   All information provided by us on the Website or in respect of any Products or Services is provided by us as general information and is not in the nature of advice.  We reserve the right to update or otherwise change this information at any time.
(b)   Subject to consumers’ rights under the ACL, we do not make any representations or warranties that any information provided on the Website is reliable, up-to-date, accurate, complete or suitable for any particular purpose, or that your access to the Website will be uninterrupted, timely or secure.
(c)   Except for losses attributable to breaches of the consumer guarantees contained in the ACL, we are not liable for any direct loss, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or any Products or Services advertised, reviewed or promoted on the Website.
(d)   Your use of information provided on the Website, and any Products or Services advertised, reviewed or promoted on the Website, is entirely at your own risk.
(e)   You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material downloaded from the Website.  In addition, you may not commercialise any Products or Services, or any information or materials downloaded from the Website.

3. INTELLECTUAL PROPERTY

3.1   Copyright

Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us (except for content provided by Registered Users or Advertisers).  Subject to the exceptions in the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you must not:

(a)   adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or
(b)   commercialise any information obtained from any part of the Website.

3.2   Trade marks

(a)   The REVIEW HAVEN Trade Marks, including the REVIEW HAVEN logo, are the property of Dream Enterprises Pty Ltd. 
(b)   You must not use any of our Trade Marks or logos without our written permission.
(c)   Without limiting clauses 3.2(a) or 3.2(b), you agree that you will not use any of our Trade Marks:

(i) in or as the whole or part of your own trade marks;
(ii) on your website or in any marketing or promotional materials; or
(iii) in connection with activities, products or services that are not ours.

3.3   Third party rights

Copyright and other intellectual property rights in some of the Website content may be owned by other Registered Users, Advertisers and other third party content providers.  You must observe the intellectual property rights of any other content provider.

4. LINKED WEBSITES

(a)   The Website may contain links to third party websites (“Linked Websites”).  The content of Linked Websites may not be current or be maintained.  We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on Linked Websites.
(b)   We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure 
(c)   Links to particular items are not to be construed as endorsements by us of any views expressed, goods or services offered on Linked Websites or of the organisations sponsoring the Linked Websites.
(d)   Our links to 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 Linked Websites, unless and to the extent expressly stipulated to the contrary.

5. ADVERTISING ON THE WEBSITE

5.1   Buying a Package

(a)   Advertisers may purchase any of the following category of Packages for Listings:

(i) Gold – this includes increased Listing prominence, more images able to be uploaded and additional functionality to that of the Silver Package (for more information, refer to the Gold Package section on the Website);
(ii) Silver – this includes increased Listing prominence, more images able to be uploaded and additional functionality to that of the Bronze Package (for more information, refer to the Silver Package section on the Website); and
(iii) Bronze – this includes increased Listing prominence, more images able to be uploaded and additional functionality to that of the Basic Package (for more information, refer to the Bronze Package section on the Website).

(b)   Advertisers may purchase any number and combination of Packages.  If more than one Package is required, the purchases must be processed in separate transactions. 
(c)   A Package comprises a Listing on the Website.  A Package does not include any advertising material, text, graphics, scripts, code or additional services.  It is the responsibility of the Advertiser to populate their Package/s with advertising material.  When a Package is purchased, it becomes a Paid Listing.  
(d)   All material placed within a Package must comply with the Advertising Guidelines, and is the sole responsibility of the Advertiser.
(e)   We do not and cannot monitor all of the Listing content on the Website.  We  will not be held responsible for the content of any Listing. 
(f)   We reserve the right to refuse or to remove any Listing, or any part of a Listing, which is brought to our attention to be contrary to the Advertisement Guidelines or at our own discretion.

5.2   Payment

(a)   Payment for package fees are available on a month-by-month basis or can be prepaid 12 months in advance.
(b)   Payments options will be provided when you Contact Us to request sign up of a package or advertising banner.  

5.3   Default

(a)   If a payment fails, we will make approximately 14 attempts to process the payment.  The Advertiser will be notified by email each time a payment attempt is requested.
(b)   If the payment is not made after the 14th attempt the Package will default back to a Basic Listing on the Website.  It can be upgraded again upon purchase of a new Package. 
(c)   The purchase of a new Package can only be made pursuant to the terms, and  upon payment of the price for a new Package, which apply at the time the new Package is purchased.

5.4   Cancelling a package

(a)   There is no minimum term.  Packages may be cancelled at any time.
(b)   To cancel a Package, you can select the “Cancel” button against the appropriate Listing in the “My Account” section on the Website.
(c)   If you cancel a Package:

(i) parts of months are not pro-rated and cancellation before the expiry of a calendar month will result in the unused portion of that month’s fee being forfeited;
(ii) we will cease to take future payments;
(iii) the Package will revert to a Basic Listing;
(iv) the Advertiser may restore their Package after cancelling the Package.  Reinstatement of a Package can only be made pursuant to the terms and price payable for a new Package which apply at the time the Package is reinstated; and
(v) if the Package is not renewed by the due date it will revert to a Basic Listing.

5.5   Renewing a Package

(a)   When a 12-month Package is coming to an end, approximately 2 weeks prior to the expiry date, the Advertiser may be informed by email of the imminent expiry and may be invited to renew their Package.
(b)   If you elect to renew your Package, renewal of a Package will attract the terms and price payable for a new Package which apply at the time the Package is renewed.
(c)   Renewal of a lapsed Package (for example, if payment has failed multiple times) will also incur the new pricing, if any pricing changes have occurred since the Package expired.

5.6   Upgrading a Package

(a)   At any time during the 12-month contract, an Advertiser can upgrade their Package by selecting an option in the “My Packages” tab in their “My Account” section on the Website.
(b)   On selecting a new Package, the Advertiser will be committing to a new billing cycle as of that day, including a new 12 month Package period.

5.7   Downgrading a Package

(a)   To downgrade a Package, an Advertiser needs to cancel their current Package and order a new Package.  This will revert their current listing back to a Basic Listing.  A new Package can be purchased at any level based on the current pricing at the time of the new transaction.

5.8   Buying Advertising Space

(a)   Subject to availability, Advertisers may purchase allocated banner space for advertisements on the Website for specified periods of time.
(b)   Advertisers can apply to advertise within the Advertising Space by providing a detailed request to us via the “Contact Us” page.
(c)   Prices will be quoted to the Advertiser on application and are based on (but not limited to) considerations of the following:

(i) the size of the advertisement; and
(ii) the period of time the advertising is required.

(d)   We reserve the right to (at our sole discretion and without providing reasons) reject any application for Advertising Space.
(e)   We reserve the right to remove any advertisement at our sole discretion, without any prior reference to you.

5.9   Advertising Guidelines

(a)   The Advertiser is solely responsible for uploading, maintaining, updating and editing all material used in its Package/s in accordance with our Advertising Guidelines, the law and any deadlines we impose.
(b)   We do not take any responsibility for any Paid Listings or Advertiser material.
(c)   We may determine the most appropriate keywords, tags and categories to be used in connection with a Listing.
(d)   We may, but are not obliged to, review the contents of Packages and Advertiser material to check compliance with the Advertising Guidelines.
(e)   We reserve the right (but are not obliged to) not to publish or allow any Paid Listing Package or Advertiser material which is inappropriate (at our sole discretion) for any reason, including without limitation, that:

(i) is in any language other than English, or is otherwise incomprehensible;
(ii) contains malicious scripts, software or anything else we consider potentially damaging to our, or other users’, computer systems;
(iii) contains offensive language or potentially offensive or illegal content (i.e., racist or sexist material, pornography, swear words);
(iv) contains any material which is subject to government regulation or censorship in Australia;
(v) infringe the copyright or other intellectual property rights or other rights of any third party;
(vi) is potentially defamatory or is intended to damage the reputation of a business or individual;
(vii) appears to be misleading or deceptive;
(viii) may be in breach of a court order (i.e. naming a person or matter the subject of court proceedings);
(ix) contain allegations of illegal activities, professional misconduct, medical malpractice or claims of food poisoning.  These issues should be taken up with the appropriate authorities (e.g., police or state health department); or
(x) is in breach of any Australian laws (including, without limitation, fair trading and consumer protection laws).

(f)   If:

(i) we receive a complaint about the content of your Paid Listing or advertisement on reasonable grounds (determined at our discretion); or
(ii) we consider your Paid Listing or advertisement is inappropriate for any reason (determined at our discretion),
then we may cancel and remove your Paid Listing or advertisement, without any prior reference to you.  If we remove your Paid Listing or advertisement in accordance with this clause then we will:
(iii) notify you by email of the cancellation; and
cease taking any further payments from you commencing from the next payment due post removal (cancellation before the expiry of a calendar month will result in the unused portion of that month’s fee being forfeited).

(g)   You agree that clause 5.9(f) is reasonable and necessary to limit:

(i) any potential damage to a third party; or
(ii) Claim by a third party against either you or us,
arising from the content posted on the Website.

6. ADVERTISING CONTENT

(a)   You will be solely responsible for all content contained in your Postings.
(b)   You agree and warrant that any Postings you post to the Website:

(i) will be true and accurate;
(ii) will not be misleading or deceptive;
(iii) will not contain any racist, discriminatory, offensive, pornographic or illegal content;
(iv) will not defame any person or invade any person’s privacy; and
(v) will not infringe the copyright or any other intellectual property or proprietary rights of any person or business.

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