Escolar Documentos
Profissional Documentos
Cultura Documentos
Address: __________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________
Website: ________________________________________________________________________________________________________________________________
PAYMENT SCHEDULE
Payment in full
Payment in 10 instalments via Ascot Finance (see attached form)
GST 240
TOTAL 2640
Balance to be paid over instalments of _______ starting on and finishing on _______&/or within 7 days of receiving
invoice.
Name on Card (“Card Holder”) ____ Credit Card No: __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ Expiry Date __ __
/ __ __
The Participating Retailer understands that the signature provided above is deemed to be irrevocable authority for WHATS ON SALE PTY LTD to take the Advertiser Fee
(set out in Section 2 above) owed to them by the Participating Retailer from the above mentioned credit card and to make enquiries where necessary as set out
under the Privacy Act. __________________________________________________________________________________________________________________________
The applying ADVERTISER has the option to seek a renewal/extension of the ADVERTISER PERIOD for a further period upon terms to be agreed
provided the applying Advertiser has not been in breach of this agreement.
These terms apply to all dealings between the Participating Retailer and WHATS ON SALE PTY LTD unless otherwise agreed to in writing.
1. Defined Terms:
In these Terms and Conditions, certain words and phrases are given specific definition as follows:
Advertiser: The person, company or entity that advertises to benefit from the Service under the terms of this agreement.
Advertising Fee: The amount detailed as the fee in the advertising order form of the agreement.
Participating Retailer: The retailer who advertises with the Service Provider.
Participating Retailer Agreement: The Participating Retailer Agreement form to which these terms and conditions are attached, and which forms part of this agreement.
Payment Date: The date described as a payment date in the order form in the advertising agreement.
Product: The product, goods, or services offered by the Advertiser.
Product Information: The specific information accessed by a user relating to advertising content.
Product Request: A request for the Product to be purchased or for information requested by a customer to the Advertiser.
Service: The service provided to the user and the Advertiser. This is the whatsonsale.com.au internet web-site operated by the Service Provider.
Service Provider: Whats On Sale ACN 50 128 223 352 and its successors and nominees.
2. Service
The Service Provider intends to provide the Service in accordance with these terms and conditions for members of the general public to access the Service.
3. Term of agreement
This agreement is for a period as set out in the order form. The parties may agree to extend the term of this agreement for a further period. The Advertiser acknowledges that a different fee structure may be
payable for any extended term of this agreement, than the fee which applied for the initial term of this agreement, at the discretion of the Service Provider.
4. Advertising Fees
The Advertiser agrees that no deductions will be made from the Advertising Fee other than stated in the agreement and in particular the Advertiser cannot deduct anything that it claims the Service Provider
owes, or could in the future owe, to the Advertiser. The Advertiser acknowledges that as at the date of this agreement, it is under a fixed and binding obligation to pay the Advertising Fee. Termination of this
agreement by the Service Provider for what ever reason during the initial term will not entitle the Advertiser to a refund of any part of the Advertising Fee unless required by law. If the agreement is
terminated by the Advertiser for any reason, the Service Provider will pay the Advertiser a refund of the Advertiser Fee on a pro-rate basis for the remaining term of the agreement.
5. Submitting Advertisements
The Advertiser will submit the advertisements electronically to the Service Provider and the Service Provider will provide proofs of the advertisements to the Advertiser prior to the advertisements being
advertised. It is the responsibility of the Advertiser to check any proofs and notify the Service Provider of any errors in the proofs or in any advertisement that the Service Provider advertises.
7. Obligations of Advertiser
The Advertiser will at all times use all reasonable and necessary endeavours to:-
Respond to all Product Requests in a prompt, courteous and efficient manner;
Provide any further information or details about the advertised Product, as may reasonably be required by the Service Provider to efficiently conduct the Service.
Provide all Products competently, in a good workmanlike manner and in accordance with all government and statutory approvals (if any) regulating the provision of Products by the manufacturer. If an
Advertiser is selling after market, factory seconds, or any defunct product, then this must be clearly labelled in the advertisement. In case of a dispute regarding a Product, the Advertiser may be found in
breach of the terms of this agreement and good faith, and the Service Provider reserves the right to cancel the Advertiser’s account, with no refund.Do nothing to discredit or otherwise tarnish the reputation
of the Service Provider or the Service; and will not offer products through the Service, the sale, use or possession of that is illegal or prohibited at law.
Where the advertised product text includes reference to an external internet web-site, the Advertiser agrees not to place or be allowed to be placed on that site, any material which is not generally in keeping
with the Service provided by the Service Provider or may otherwise discredit or tarnish the reputation of the Service Provider or the Service including any material the sale, use or possession of which is illegal
or prohibited at law. The Advertiser acknowledges that to a significant extent, the integrity and functionality of the Service depends on the reliability and accuracy of the Products as well as other information
relating to the Advertiser. Accordingly, the Advertiser will within a reasonable period of time notify the Service Provider of all material information relating to Products of the Advertiser including (but without
limitation):-
The nature of the Product offered by the Advertiser.
The Advertiser further acknowledges that they hold all necessary qualifications and permissions (if any) that are required for the provision of the Products offered by the Advertiser. The Service Provider will
not in any way be responsible for any:-
Information provided to it by the Advertiser for inclusion in the Product Information and the Advertiser hereby warrants to the Service Provider that it holds all copyright, licences, authorities or consents
required for the use of any information, trademarks, logos, signs or insignia included with the Product Information and indemnifies the Service Provider with respect to any actions, claims, suits or proceedings
or costs arising as a result of the use of same through the Service; or
Work or services provided by the Advertiser for a customer sourced to the Advertiser under the Service.
10. Indemnity
If any party makes any claim on Service Provider which relates in any way to any conduct of Advertiser or any part of Products and/or services provided by the Advertiser (whether approved products and/or
services or not) or of performance and whether in breach of these terms or otherwise, the Advertiser fully indemnifies the Service Provider for any costs, expenses, damages or losses arising directly or
indirectly as a result (except consequential loss or damage or loss of profits), including any actual legal fees incurred by Service Provider.
The Service Provider will indemnify the Advertiser from and against all loss and damage arising out of or in connection with a breach of this agreement by Service Provider or any wilful, unlawful or negligent
act or omission of the Service Provider.
The Advertiser acknowledges that the Service Provider is dependent on third party suppliers to provide certain services and therefore may not be able to provide such services in some circumstances,
whether due to force majeure, legal restrictions, complications with suppliers or otherwise. To ensure compliance with applicable laws, rules and/or guidelines of suppliers and accuracy and relevance of the
content of any service, the Service Provider reserves the right to update, amend or cancel any service, including (without limitation) any marketing and branding campaign(s). The Advertiser agrees to accept
any reasonable alternative offered by the Service Provider. If the Service Provider does not or cannot offer any reasonable alternative, the applying Advertiser will accept a pro-rata refund of the ADVERTISER
FEE paid for the effected period and Product as full and final settlement of any claim upon or entitlement against the Service Provider and will not permit any claim to be made through or in applying the
Advertiser’s name by subrogation or otherwise. If disputed, the pro-rata refund is to be assessed by an independent Chartered Accountant whose decision will bind both parties.
From time to time unforeseen circumstances may occur where the website is not operational due to factors within and beyond the Service Provider’s control. In the event of a time period of site outage, the
Advertiser agrees that this is an “act of god”, and will not hold the Service Provider liable for lost time and/or any lost sales as a result.
11. Assignment
The Service Provider may deal with or assign any or all of its interests or benefits under this agreement at any time without the consent of the Advertiser. The Advertiser may not do any of these actions
without the prior written consent of the Service Provider.
If a party does not exercise any rights arising as a result of any breach of these terms, this shall not be a waiver of any rights relating to any subsequent or other breach.
Whole agreement: The Participating Retailer agrees that this application contains the whole agreement between the Participating Retailer and WHATS ON SALE PTY LTD.
WHATS ON SALE PTY LTD. will provide the website www.whatsonsale.com.au as well as other domains in its portfolio of products for Participating Retailers to use for advertising purposes. These websites
are to be used by retailers for the provisioning of advertisements to communicate sales in advertising formats.
WHATS ON SALE PTY LTD will provide various methods of advertising to promote this website including main stream media, online media as well as point of sale material for retailers to use. All retailers agree
to use the point of sale material provided and display at the cash register, store windows and doors where it does not take away from the retailer’s own identity and/or messages.
Additional Services
Permission Based Marketing. WHATS ON SALE PTY LTD will compile data base lists and profiles of registered users that the Advertiser will have access. These lists will be only available to be used on the
WHATS ON SALE PTY LTD site and will remain the property of WHATS ON SALE PTY LTD. No campaign lists are to be used by the retailer for direct contact unless permission is obtained from WHATS ON SALE
PTY LTD and profile holder.
WHATS ON SALE PTY LTD will provide the tools for Participating Retailers to request lists based on profiles and request contact to be made through WHATS ON SALE PTY LTD direct contact campaigns.
DIRECT OFFERINGS.
WHATS ON SALE PTY LTD will allow Participating Retailers to have access to its users data base mail group for the provision of segmented offers to the registered user based on demographic and profile
questionnaire.
VIP lists