RENOVATE AND BUILD GREEN DIRECTORY LISTING/ADVERTISING AGREEMENT
By submitting your application (Application) for a listing (Directory Listing) on the Renovate and Build Green Website www.renovateandbuildgreen.com.au (Website), you agree to be bound by the terms and conditions of this Agreement.
Term: This Agreement commences on the date you submit your Application. This Agreement ends on the earlier of (a) the date it is terminated in accordance with its terms (b) if we notify you that your Application is not accepted, the date of that notice.
Your Application: We will review your Application and we may decide to accept or reject your Application, with or without reason, in our sole discretion. If we approve your Application, we will publish your Directory Listing on our website and email you a confirmation.
Advertisements: We may offer you the opportunity to place advertisements (Advertisements) on the Website. If so, we will provide you with details of additional terms and conditions relating to Advertisements.
Payment: We are under no obligation to publish your Directory Listing on the Website until your payment is successfully processed. Fees for your Directory Listing will be purchased using a secure PayPal (you do not need a PayPal account to complete the transaction). We may, in our sole discretion, accept other methods of payment by agreement in writing with you.
Renewal: We will notify you, when your Directory Listing is due to expire (Renewal Notice). If you wish to renew your Directory Listing, you will need to follow the steps provided in the Renewal Notice.
Your warranties: You warrant that during the term of this Agreement (a) you will meet the Green Criteria published on our Website and (b) any materials and/or information you publish on the Website are true and correct and comply with all laws and regulations, including without limitation, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.
Directory Listing: You acknowledge that your Directory Listing is in the public domain and that we are not in any way responsible for the manner in which third parties use the information contained in your Directory Listing. You consent to receiving communications from us and any third parties in connection with your Directory Listing.
Website Content: You acknowledge that we own all intellectual property rights in the Website and nothing in this Agreement transfers any rights to you. You may not use any of the material published on the Website, or any of our registered or unregistered trade marks in the course of promoting your business, without our prior written consent.
Website Changes: We may change the Website, including the format and design at any time and will use reasonable endeavours to provide you advance notice of any material changes. If we make material changes, you are entitled to terminate this Agreement on 7 days written notice. If you do not provide such notice, you will be deemed to accept the changes.
Liability: To the extent that the law permits, our liability to you for breach of contract, or in tort, or for any other common law or statutory cause of action arising out of this Agreement is limited to $200.00. Any liability to you is reduced proportionally to the extent that you contribute to that loss or damage.
Exclusions: To the extent the law permits, we exclude all conditions and warranties relating to the Website and Directory Listing and we do not warrant that the Website will be uninterrupted or error free. If the law implies warranties or conditions into this Agreement nothing in this Agreement operates to exclude them. To the extent the law permits, our liability to you for breach of any implied warranty or condition is limited at our option to (a) in the case of goods re-supply of the goods and (b) in the case of services, re-supply of the services.
Indemnity: You agree to indemnify and hold us harmless against any expense, cost, loss or damage that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website or this Agreement, including any breach of a warranty or any other term of this Agreement by you.
Termination: Without limiting any of our rights or remedies, if you breach any warranty or any other term of this Agreement, we may immediately (a) remove your Directory Listing and/or Advertisement from the Website and (b) terminate this Agreement.
Severability: If a term of this Agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of the Agreement will not be affected.
Governing law: This agreement is governed by the laws in force in New South Wales, Australia and you submit to the exclusive jurisdiction of the courts in that place.
Amendments: We may change the terms of this Agreement by providing reasonable notice on the Website. You are entitled to terminate this Agreement with 7 days written notice if you do not agree. If you do not provide notice you will be deemed to accept the changes.
Survival: Notwithstanding expiration or termination of this Agreement, rights and remedies accruing prior to termination and provisions that by their nature survive, will survive termination or expiration.