Eastern Suburbs Mums Terms and conditions for advertising purchases and Business memberships subscriptions.
These Terms and conditions apply to all purchases of business membership subscriptions and advertising products and/or advertising packages.
(Terms) apply to all listings in the Business Directory, publications purchased and social media post published on ESM social media channels accessed from this website www.easternsububrsmums.com.au (Website) and form the agreement between Party Flick pty t/a Eastern Suburb mums ACN 639 101 143 (ESM) and you( The advertiser). By subscribing and purchasing a business membership package or purchasing an advertising product you agree to be bound by these Terms.
- Term
- This agreement begins on the date your Business Submission form and accompanying payment are received by ESM and continues for 12 months unless terminated early by either party in accordance with clause 5 (Term).
- This agreement will automatically renew for additional 12 month periods, unless either party provides notice to the other party, not less than thirty (30) days before the end of the then current term, of its intent to terminate this agreement. In order to keep your listing you will need to pay the Fee for the subsequent term on or before the renewal date.
- Fee
- The annual subscription fee as set out in the Media kit and pricing page (Fee) must be paid at the time of submitting the form.
- The Fee is non-refundable unless the agreement is terminated within 5 workings days from the day of purchse or ESM denies your request for listing after reviewing your Business Submission form.
- The Fee is fixed for the Term provided that if the agreement is automatically renewed, ESM may make an inflationary adjustment defined at the time of each renewal, not to exceed three percent (3%) of the previous year’s Fee.
- You may request up to 3 changes to your Directory listing in each Term at no extra charge. However, any additional changes may incur an additional fee payable before the change to the listing is made. In any event, and despite your agreement to pay an additional fee, you are not entitled to and ESM is not obliged to make more than one change a month to your listing.
- ESM’s rights and obligations
- ESM may in its sole discretion refuse any application for a listing in the Business Directory, Business membership or advertising product or remove any listing from the Business Directory with no liability to you.
- ESM will be responsible for uploading your listing onto the Business Directory, website or social media channel ( excluding ESM Facebook group: Eastern Suburbs Mums group (Sydney)
- ESM have final approval of the content of all listings you submit and any subsequent changes, which approval will not be unreasonably withheld;
- use its best endeavours to make sure that any downtime of the Website or the Business Directory is kept to a minimum but will not be liable to you for any loss suffered from any such downtime;
- ESM may modify the content of your listing without your consent.
- ESM makes no representations that listing your business in the Business Directory will increase your business revenue or business leads.
- ESM does not and is under no obligation to provide reporting, statistics or disclose any information about performance of advertising products.
- Your rights and obligations
- You ( The Advertiser) will:
- Be responsible for the content of your listing;
- Provide all content for advertising products purchased upfront in 1 submission ( email, google share document) within 28 days of the purchase day, in the format requested by ESM; Content requirements
- Provide all text and images for your listing in the format requested by ESM; Content requirements
- Ensure that the content of your listing does not contain any inappropriate or offensive content or other content that would damage the reputation of ESM;
- Ensure that the content of your listing complies with all applicable laws in Australia;
- Monitor your listing at reasonably regular intervals and immediately notify us if your listing is missing from the Business Directory, is incomplete or if there is an error in the listing;
- Comply with all reasonable requests of ESM to change the content of the listing, for example, because the listing does not comply with the requirements in this agreement.
- The following terms apply to postings on ESM’s Facebook group page:
- as long as you have a paid and current listing in the Business Directory ESM gives you permission to post details of your business on the ESM Facebook page during ESM’s business hour ( every Monday evening 8pm-9pm only ) (Business Hour);
- You must not post any derogatory, defamatory or “name and shame” comments about any other person or business or any comments that contain any inappropriate or offensive content or other content that would damage the reputation of ESM or is otherwise contrary to law;
- If at any time this agreement terminates for any reason, your right to post also terminates and ESM will remove any posts made during Business Hour;
- If the Facebook group ceases to exist for whatever reason, you will not be entitled to any refund of the Fee.
- You warrant that you have the right to use all of the images and text that you supply to ESM to be included with your listing in the Business Directory and you are able to give the licence in clause 4.4.
- You grant to ESM for the Term a royalty free, non-exclusive licence to use the intellectual property rights in the content you have provided for your listing so that ESM can fulfil its obligations under this agreement.
- Termination
- Either party may immediately terminate this agreement by giving 30 days’ written notice to the other party if:
- The other party is in breach of any provision of this agreement and the party in breach has failed to remedy the breach within 14 days of receipt of written notice from the other party describing the breach and calling for it to be remedied;
- the breach is not capable of remedy; or
- the other party is declared bankrupt, or if a corporation, in any action is taken in relation to it which reasonably indicates its insolvency.
- On termination of this agreement ESM may immediately remove all purchased content, advertising products from its website and social channels including your listing from the Business Directory.
- Limitation of liability
- Except as expressly set out in this agreement, and subject to any terms, guarantees, warranties or conditions that by law may not be excluded, all representations conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to this agreement are excluded. If ESM is liable for breach of an imposed term, guarantee, warranty, representation or condition, ESM’s liability is, at ESM’s option, limited to:
- The re-supply of the listing or the supply of an equivalent listing;
- The payment of the cost of re-supplying the listing or acquiring an equivalent listing.
- To the extent permitted by law, ESM will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with your listing in the Business Directory or publications on the website or social media channels. whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Indemnity
- You agree to defend, indemnify and hold harmless ESM, its employees and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties against ESM arising out of a breach or alleged breach of this agreement or of any representation or warranty contained in this agreement.
- General
- Any notice required to be given under this agreement must be in writing and sent to ESMs email at info@easternsuburbsmums.com.au or your email as given on the Business Submission form. The notice will be deemed to have been received on receipt by the sender of an acknowledgment indicating that the mail item was read by the recipient.
- This agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
- If part or all of any of this agreement is illegal or unenforceable it will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.
- This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
- This agreement contains the entire agreement of the parties with respect to its subject matter.
