Website Terms and Conditions

Please read the following T&C carefully before using this website.

This Terms and Conditions ("T&C") is entered into by the User and Advertise Me Pty Ltd (“ADVERTISE ME”), having its registered office in New South Wales, Australia. The ADVERTISE ME Site (“Site”) http://www.squeak.com.au is comprised of various web pages, tools, information, software and content. The online directory at the Site is integrated into geographic index, list of products, service, and professions to locate the existing businesses with products and services that match the search. The on-line businesses are available for subscription; each subscription can be easily updated, designed, edited, customised, uploaded with images and videos through the subscriber's personalised control panel and features operated by ADVERTISE ME.

As used in the Website T&C:

“User” means visitors or businesses or premium businesses using the Site.

“you” means the User accessing the Site or using the Services on the Site. 

LEGAL AGREEMENT

By entering the Site and / or any page accessible on the Site and / or by posting a link on the Site or dealing with ADVERTISE ME in any way through the Site, the User accepts, without limitation or qualification, to be bound by the terms of this T&C. This T&C sets forth the terms and conditions under which the User uses the Site and under which ADVERTISE ME agrees to the use of the Site.

If the User does not wish to be bound by the terms the User should not access or use the website.

To respect the privacy of children and to comply with the laws of the country, children under the age of 18 should not provide any personal information on this Site. We request that parents supervise their children while online.  If you are under 18 years old please do not send us your personal information (for example, your name, address and email address) since you are not legally entitled to enter into an agreement with us.

1. SCOPE OF THE SITE          

By registering with the Site, you will be able to add notifications so that you can be informed of particular sales either by category or by the business. In addition you will be able to add your own sales that you’ve either been to or heard of. Further, you will be able to share sales with friends, place comments or questions and then rate the sale. The Site allows all categories and sizes of businesses to advertise their sales to a targeted audience. The Site also offers the option of upgrading a Standard Business account to a Premium Business for a small fee each month/year. For those businesses who want the greatest exposure on the Site, they will have the opportunity to bid for their sale to display within the Sponsored section of the site.

2. SUBSCRIPTION

The Users will be allowed to subscribe to the Site and upload videos/audios, images, edit profile and personalised description of their business, products and services.

As a User, you agree to take full responsibility for maintaining the confidentiality of your username, password and all the related activities that occur under your username or subscription. The Site may at its sole discretion terminate your subscription account (with no refund), remove or modify any subscription account related content or access including but not limited to, reviews, user or business profile, description of your business, products and services, uploading of videos and images, or take any other action that ADVERTISE ME believes is appropriate.

You understand and agree that the Site on its sole discretion, reserve the right (without obligation) to terminate this T&C, your subscription account (with no refund and prior notice), ban you from future use of this site or take legal action against you, if you breached this T&C, or  used the following unacceptable  & prohibited activities,  in connection with the Site services, including but not limited to, using unacceptable contents and prohibited activities in video, audio, text, profile, images, business/personal descriptions.

3. LIMITATIONS

ADVERTISE ME’s responsibilities are limited as below:

1. The User understands and agrees that ADVERTISE ME has no control over the quality, safety or legality of the products or services posted or businesses advertised, or the truth or accuracy of the information provided. The reliability, availability and performance of resources accessed on these information are beyond ADVERTISE ME‘s control and are not in any way warranted or supported by ADVERTISE ME. The User agrees that ADVERTISE ME cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

2. ADVERTISE ME is not responsible for access by any Users, to objectionable or offensive information or data. The User agree that use of the Site and the Internet, without limitation, is solely at their own risk and is subject to all applicable local, state, national and international laws and regulations.

3. The User agrees that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information the User transmit over the Internet. ADVERTISE ME is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. The User further understands and agrees that ADVERTISE ME has no control over third party networks or sites that the User may access in the course of use of the Site, and that delays and disruptions of other network transmissions are completely beyond the control of ADVERTISE ME.

4. ADVERTISE ME provides the Site as a platform for business promotion and networking. Advertise Me shall display select advertising from the User for a reasonable period of time as determined by ADVERTISE ME at a nominated cost.

5. The User understands and agrees that ADVERTISE ME cannot guarantee that the postings will increase the User’s search engine ranking.

6. The Site is intended solely for private and personal use on the user’s computer. Any other use or any attempt to use the Site in any way that violates any law, rule or regulation for the time being in force, or for any other commercial or other purposes is strictly prohibited and the User understands and agrees that ADVERTISE ME shall not be responsible for the same. The Site is not intended to be available to places or for purposes in which its use is illegal or otherwise prohibited.

7. The User is responsible for researching and complying with any applicable laws, regulations or restrictions displayed on the Site or items or services described or offered on the Site.

8. The User understands and agrees that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. The user is encouraged to communicate directly with a site network contact to help evaluate the person.

9. The User understands and agrees that ADVERTISE ME is not responsible for the actions other Users takes, before, during, and after posting links in your network, typographical errors, misprints or other typos, loss of merchandise/money, damage or failure of equipment, due to the User’s visit to the Site.

10. The User acknowledges that ADVERTISE ME shall be the final decision maker of whether the User have violated the T&C in a manner that results in the suspension or permanent barring from participation in the Site.  

4.  REGISTRATION INFORMATION

The use of the Site and services is limited to parties who can enter into and form legally binding contracts under applicable law. Minors (those under 18) are prohibited from using the system and services. Wherever the User is asked to provide information in connection with the website, the User agrees to provide true, accurate, current and complete information when registering, as registration indicates acceptance of this T&C. ADVERTISE ME reserves the right to refuse use of the system and services to anyone at any time for any reason without notice.

5. WORKING OF THE SITE

5.1 User Accounts

A User shall not store containing pornographic material, or that contain obscene or rude postings, foul language, system abuse or details of illegal merchandise, including pirated software and music, rebates, coupons, or other items illegal or not available for resale, or illegal services.

Advertise Me will not be responsible for any information submitted by the User. Advertise Me shall check the authenticity of these sales frequently by confirming with the business listed in sale.  Those sales which are submitted by the Users will be marked as Unconfirmed. Once advertise Me confirms that the sale is genuine, the sale will be marked as Confirmed.

The information, products, business or services shall be removed without prior notice, if in violation with the T&C.

ADVERTISE ME also reserves its right to cancel the User account and keep any monies owed to the User, if it determines that it is necessary to do so to comply with any of the rules, terms and conditions of the Site, or to comply with any law, rule, regulation or order applicable to the Site or any user, or to prevent fraud or abuse.

5.2 Type of Listings

5.2.1 Business/Sponsored Listings

Only businesses with an ABN number will be permitted to register for a business account. Advertise Me will perform the necessary checks on the business contact person to ensure they are acting on behalf of the registered business. Businesses can request to have their sales listed promoted on following:

• Squeak Homepage
• Search Results Page
• Members Homepage
• Squeak Newsletter

5.2.4 User Sales Submission

Anyone from the general public is able to list a sale they have found or come across using the 'Advertise with Us' online form. This allows for the user to submit sales that they know of. Advertise Me will attempt to verify the details of the sale submission to ensure the details are correct, Advertise Me will also attempt to contact the business to advise them that a sale has been submitted to our site
The Site also reserves the right to change, later, modify or delete any of information should the details not be correct or if the details do not fall in line with the sale submission guidelines

5.2.5 Comments on Sales Listings

The Site has a comments section whereby Users can submit comments for each sale listing. Users shall make sure their posts conform to the bad swear word list given in the Site which includes a list of words that are blocked in the comments section.The User has the option to display their names or not when submitting a comment. Advertise Me will not be responsible for any comments submitted by Users.

5.2.4 Business Logos submitted by Users

Business Logos submitted by Users are done so with the knowledge that the user has received consent from the business prior to them submitting the sale. Advertise Me will attempt to contact the business to advise them that a sale listing has been submitted by a user, should a logo also be submitted then Advertise Me will also notify the business about their use of their logo. At any time should the business request for their logo to be taken off, then Advertise Me will remove the logo within a reasonable timeframe.

5.3 Payments

Online payments will be processed by “Paypal” (www.paypal.com.au).

Other payment options may be available (Direct Debit, Cheque, Bank Transfer) but this needs to be authorised and negotiated with Advertise Me.

Advertise Me reserves the right to deny payment requests. Advertise Me further reserves the right to disable an account (and all postings by that account) if the User fails to make payment.

5.4 Alerts/Notifications

The User has the option to remove alerts and notifications in the account management site. For newsletters, there will be an unsubscribe link to remove the User’s email address from the newsletter distribution list.

5.6 Advertising

Advertise Me has the discretion to display advertising from User for a reasonable period of time as determined by ADVERTISE ME at a nominated cost. The cost will be negotiated with the User.

Advertise Me has the discretion to display publicly available promotional material regarding products and sales of a User on the Site for the promotion of their listings, and the Site registration of the User will amount to automatic approval of such use.

6. SECURITY

By signing up on the Site or opening an account with the Site, the user authorises ADVERTISE ME to, at any time and from time to time, confirm the user’s identity and take steps to validate the financial transactions the user performs on the Site. To help these security checks, the user agrees to provide ADVERTISE ME with identification or other information or documents as ADVERTISE ME requests.

User information includes any information provided by the User to ADVERTISE ME or other Users during the registration, or listing process, in any public message area or through any email feature.

The User is solely responsible for User information, and the Site acts as a passive conduit for online distribution and publication of User information. However, ADVERTISE ME reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion if it believes it may create liability for it or may cause it to lose (in whole or in part) the services of its ISPs or other suppliers.

The User agrees to grant ADVERTISE ME a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) the user has in user information, in any media now known or not currently known.

The User shall not use any device, software or routine to undermine the usability or interfere or attempt to interfere with the proper working of the Site or any sale being conducted on the Site. The User shall not take any action which imposes an unreasonable or disproportionately large load on the Site infrastructure. Unauthorised use of or sharing of passwords or user accounts is strictly prohibited.

ADVERTISE ME will not sell or distribute any of the User’s personal information to third party agencies.

7. RIGHT TO CHANGE, MODIFY OR TERMINATE SITE

Without prejudice to any other rights that it may have, ADVERTISE ME reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. The User will be deemed to have accepted any modifications, if the User continues to use the website after they have been posted.
You agree that ADVERTISE ME may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of the Terms or the ADVERTISE ME Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your ADVERTISE ME Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.

8. CHANGES TO TERMS AND CONDITIONS

ADVERTISE ME reserves the right, from time to time, to amend or change this T&C (including any of the policies which may be applicable to use of the Site). The User agrees to visit the Site periodically to be aware of and review any such revisions. Changes to this T&C shall be effective upon posting. By continuing to use the Site after revisions are posted, the User accepts the revisions and agrees to abide by them.       

9. INTELLECTUAL PROPERTY RIGHTS

All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Site (including but not limited to, related software and including but not limited to any images, graphic, photographs, animations, video, audio, music, text and "applets," incorporated into the software, and any copies of the software), are owned by ADVERTISE ME, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This T&C does not grant the User any rights to use such content, other than the right to use the Site according to the terms of the T&C.         

10. WARRANTIES 

The User’s use of ADVERTISE ME is at his/her own risk. In the event the User has a dispute with one or more users, the User shall release ADVERTISE ME (and its agents and employees) from all claims, costs, expenses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of the User’s entry onto the Site, posting of any links, any misinformation that the User provides to the Site, any action that the User takes in violation of any of the rules, terms or conditions of the Site, participation in any other activity on or made available to the User through the Site, the use of the Site’s software, or incentives from the Site or sponsors, or in any way connected with such disputes.

By opening, maintaining and using an account, the User represents and warrants that he/she is not a resident of any jurisdiction which does not allow the services provided by the Site to be offered or used.

ADVERTISE ME provides the Site on an "as is," and  as available, basis, with all faults, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, non-interference, compatibility of software programs, integration, lack of viruses or other disabling code or condition or those warranties which may arise by course of dealing, or course of trade. Any material downloaded or otherwise through the use of ADVERTISE ME is done at the user’s own discretion and risk and the user will be solely responsible for any damage to the user’s computer system and lose of data that result from the above.

ADVERTISE ME does not warrant the security of the Site or, information, software, content, and features available, or that it will be uninterrupted, error-free, provided properly or completely, or be available 24 hours per day, 7 days per week.        

11. LIMITATION OF LIABILITY

IN NO EVENT WILL ADVERTISE ME BE LIABLE TO ANY PARTY FOR (I) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE SITE, PROVISION OF OR FAILURE TO PROVIDE THE SITE, LOSS OF DATA, THE USER ACCESS OR INABILITY TO ACCESS OR USE THE SITE OR THE USE AND RELIANCE ON LINKS, INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE SITE, EVEN IF ADVERTISE ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, ADVERTISE ME’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. INDEMNIFICATION

The User agrees to defend, indemnify and hold harmless ADVERTISE ME and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this T&C by the User (or any parties who use his/her computer, with or without his/her permission, to access the Site); (b) the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by the User (or any parties who use the User’s computer to access the Site, with or without his/her permission); (c) negligent acts, errors, or omissions by the User (or any parties who use his/her computer to access the Site, with or without his/her permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this T&C, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Site or the Internet.

13. DATA MANAGEMENT

The User is solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site.
The User is responsible for management of his/her information, including but not limited to back-up and restoration of data, erasing data from disk space the User control and changing data on his/her router. The User is also responsible for development and maintenance of any security procedures the User deems appropriate, such as logon security and encryption of data, user ID and password on his/her router and firewalls, to protect his/her information.
ADVERTISE ME is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information, including without limitation, email and address book information. In addition, the User agrees that information required by the Site software (including any personalisation information) and other identifying information requested by ADVERTISE ME or its portal supplier may be placed in the Site’s user directory. 

14. INTERFERENCE 

You are prohibited from using a secondary account or a third party to interfere with the listing process on our Site.          

You are prohibited from spamming our system and/or imposing an unreasonably or disproportionately large load on our system. You may not put any material on ADVERTISE ME that contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. You may not solicit ADVERTISE ME users to post ads on other classifieds sites.           

15. MISCELLANEOUS PROVISIONS

If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.     

By transmitting, uploading, posting or submitting any information or material using the Site Tools, the User (i) warrants that no other party has rights to the information and that his transmission, posting, uploading or submission of the information does not violate any copyright or other laws. 

The Site contains third party links and it is provided by ADVERTISE ME only as a convenience to its users. Any web sites linked to or from the Site are not reviewed, controlled, or examined by ADVERTISE ME and it is not responsible for the contents of any linked site or any link contained in a linked site. In no event shall ADVERTISE ME be liable to anyone for any damage arising from or caused, directly or indirectly, by the creation or use of a third party's web site, or the information or material accessed through such web sites.        

The terms of this T&C apply only to the use of the Site and do not apply to the use of any other ADVERTISE ME website.           
Nothing contained in or related to this T&C shall be deemed a waiver, express or implied, of the privileges and immunities of ADVERTISE ME.
This T&C, including all Attachments hereto, which are fully incorporated into this T&C, and also including all policies and notices incorporated into this T&C by reference, constitutes the entire agreement between the User and ADVERTISE ME with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. The User agrees not to assign or otherwise transfer this T&C in whole or in part; any attempt to do so shall be void.

16. GOVERNING LAW; DISPUTES

The User and ADVERTISE ME agree that the substantive laws of Australia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this T&C. The User and ADVERTISE ME consent to the exclusive personal jurisdiction of and venue in a court located in New South Wales, for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this T&C or to the Site. Except as otherwise required by law, including Australian laws relating to consumer transactions, any cause of action or claim the User may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Any dispute, controversy or claim arising under or pursuant to this T&C shall be settled by mutual agreement. If the Parties are unable to reach agreement on any question in dispute, either party shall have the right to request arbitration in accordance with the International Arbitration Act 1974 of Australia for Users situated outside Australia and the New South Wales Commercial Arbitration Act 1984 for Users situated within Australia. The Parties agree to be bound by any arbitration ruling rendered in accordance with the above, as the final adjudication of any such dispute.

17. CONTACT

If you have any questions or concerns regarding this T&C, please contact us at info@squeak.com.au