Terms & Conditions

Terms and Conditions of advertising and accessing TheContractor.com.au Online Directory

  1. Basis of Agreement
    1. Terms: ‘Directory’ means TheContractor.com.au Directory on the TheContractor.com.au website; ‘GST’ refers to goods and services tax under the GST Act, and its associated regulations; and ‘you’ or ‘your’ means the advertiser as described in the registration form.
    2. These terms and conditions will apply to you every time you request to advertise in the Directory. TheContractor.com.au (i.e., ‘we’, ‘our’, or ‘us’) may vary or replace these terms at any time by giving you written notice of the variation or replacement terms published online.
    3. You are taken to accept these terms each time you request to advertise, renew your advertisement, or pay an annual advertising fee.
    4. We have absolute discretion to refuse or reject any advertisement for any reason.
  2. Payment
    1. Prices quoted for advertising in the Directory are inclusive of GST and are valid as at the time provided.
    2. If you request any variation to the service offered, we may increase the price payable.
    3. You agree to pay to us the noted advertising fee upon accepted.
    4. Advertisements will not be posted until full payment has been received.
    5. Annual advertising fees are non-refundable where an advertisement is removed at any time and for any reason.
  3. Advertising Material
    1. All advertisements must be correct, accurate and appropriate for the intended audience.
    2. You must take full responsibility for your own content, website and any goods and services you provide.
    3. Logo files should be a 1200 pixel minimum uncompressed JPG or PNG.
  4. Termination
    1. We may remove an advertisement from the Directory without notice at any time and for any reason.
    2. You may at any time remove your advertisement from the Directory.
  5. Warranties
    1. You warrant to us that your advertising:

      (a) is true and accurate in all respects;

      (b) does not infringe any rights of any person, including intellectual property rights;

      (c) is not obscene, indecent or defamatory; and

      (d) does not contravene any federal, state or territory act, regulation or other law.

    2. You indemnify us against any loss, damage, demand, cost (including legal cost), expense or other liability arising from or attributable to your advertisement or any other breach by you of these terms.
    3. To the extent permitted by law, all conditions and warranties implied by law or otherwise not expressly set out in these terms and conditions are excluded.
  6. Limitation of Liability
    1. To the extent permitted by law, under these terms and otherwise in connection with your advertisement, we exclude liability for all indirect, consequential or special losses or damages including loss of profits howsoever arising.
    2. We will not be liable to you or any other person for any loss of whatever kind suffered as a result of an advertisement, or the removal of an advertisement.
    3. If a condition or warranty implied by law is prohibited from being excluded, that condition or warranty applies. To the extent permitted by law, our liability for any breach of an implied term is limited to the resupply of the services.
  7. General
    1. These terms are governed by the individual State laws of Australia within which you reside.
    2. These terms constitute the entire agreement between us and you relating to the matters dealt with in these terms and supersedes all previous arrangements, understandings or representations relating to these matters.
    3. Nothing in this agreement appoints you as our agent or representative and no actions you take bind us.
  8. Confidentiality

    All information of a confidential nature we disclose to you under a Contract is confidential and must not be disclosed by you (or your employees, officers, advisers or contractors) to any third party, except for the purposes of the Contract, unless such information:

    1. is already known by you;
    2. has been lawfully obtained by you from another source;
    3. becomes publicly known other than by your unauthorised disclosure;
    4. or must be disclosed pursuant to any obligation you have at law.
  9. Privacy

    You consent to the collection, use and disclosure of Personal Information on the terms set out in our Privacy Policy (available at www.thecontractor.com.au/privacy).

    We may use your content to allow users to search for your address or name using only your business phone number or address.

    Except for tracking tools authorised by us, your content must not include any mechanism that enables the collection of Personal Information.

    You must comply with the Privacy Act and the SPAM Act 2003 (Cth) when using our Products and Services.. Check here if you are unsure about your Spam obligations: https:/ / www.acma.gov.au / avoid-sending-spam

    Our key methods of communication are:

    1. by email;
    2. and through notices on our website at www.thecontractor.com.au

    As technology changes, we may adopt other methods of communication, but we will notify you of these changes before we adopt them.

    To ensure that we can contact you, it is essential that you notify us of changes to your contact details, including your phone number, email address and postal address. Please also make sure that you check your email regularly.

    If we send you emails, you're deemed to have received any email we've sent to the email address you have provided to us to contact you. If we receive an automated email non-delivery notification from your email account, we'll make reasonable attempts to contact you by other methods. If we leave you a voicemail, please call us back promptly.

  10. Search Engine Optimisation (SEO)

    Many factors affect SEO rankings. Some of these are outside our control, so we don't guarantee Your Website's search result position or ranking.

    We also need to set some rules for your website so that we can provide our SEO Product. This means that you must ensure that your website:

    1. is in English and operational 24 hours a day, 7 days a week;
    2. loads at an acceptable speed;
    3. has operable features and links;
    4. doesn't have most of the site under construction;
    5. doesn't redirect to another site;
    6. and has an operational back button and doesn't use pop-ups to trap users.
  11. Other important terms

    Only we may assign or novate our rights and obligations under a Contract and we don't need your consent to do so.

    Each Contract is governed by the individual State laws of Australia within which you reside.

    Each Contract constitutes the entire agreement between you and us, and supersedes all other agreements between you and us relating to its subject matter.

    If any of the terms of a Contract are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

  12. Legal Disclaimer

    The information in this Business Directory is intended to provide users with information which they may find useful and of interest.

    We take all reasonable steps to keep this information current and accurate, but errors can occur.

    The information on this site is therefore provided as is with no guarantee of accuracy, completeness, or timeliness.

    This Directory may include hyperlinks to third-party websites which is provided to users accessing our website at their own risk and for their own convenience.

    By using our Directory, you acknowledge and agree that TheContractor.com.au is not responsible for, and does not endorse, any advertising, products, or resources available from such external websites. TheContractor.com.au shall not be liable to any party as a result of any information, services, or resources made available through this Directory.

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