Terms of Service

Advertising Terms of Use

 

This website is owned and operated by Bookmarc Pty Limited (ABN 14 151 315 623) defined as (“Bookmarc “, “we”, “us” and “our”).

Advertisers on www.bookmarc.com.au (referred to as the “Site”) are identified as “you” or “your”.

 

Welcome to Bookmarc.

Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with these terms, conditions, notices and disclaimers (“Terms”).

Your use of this Site will be deemed as your acceptance of these Terms.

In this Agreement:

Content means all content posted by You onto Bookmarc including, without limitation, all text, graphics, icons, photographs and URLs.

Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.

Business Listing means a business listing in the Database. A Business Listing may contain information about the listed business, for example, contact details.

Database means the national database of Business Listings which is collected by Bookmarc and made accessible to the public via the online business directory on Bookmarc.

 

Variation of Terms

1. Bookmarc may vary these Terms at any time. If Bookmarc varies these Terms, it will provide notice by publishing the varied Terms on the Site.

2. You accept that by doing this, Bookmarc has provided you with sufficient notice of the variation to its Terms.

 

Payment

1. All amounts owing to Bookmarc must be paid within 14 days of the date of invoice.

2. You are obliged to pay for the services that Bookmarc agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Bookmarc with the necessary materials or information for Bookmarc to deliver these services to you, you are still liable to Bookmarc for full payment.

3. Bookmarc may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.

4. If you do not pay your account on time Bookmarc may disable your account without notice and refuse to supply further services to you.

5. You agree that pursuant to the Privacy Act 1988 (Cth), Bookmarc may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.

6. Bookmarc may disclose this information to a credit reporting agency or any other interested person.

 

Intellectual Property Rights

1. Bookmarc retains all intellectual property rights subsisting in any of the goods and services provided to you by Bookmarc. You must not do anything which breaches or otherwise interferes with Bookmarc’s intellectual property rights.

2. Except as expressly permitted by this Agreement or by law, you may not reproduce any content appearing on Bookmarc without our written permission and, if required, payment of a specified fee. Requests to reproduce any content may be made via the website feedback form.

 

General Terms

You may use Bookmarc in accordance with this Agreement,

1. Bookmarc contains content created by third parties (i.e. not by Bookmarc), other information obtained from public sources and links to other websites (such content and websites together, Third Party Content). Except as otherwise indicated, we do not endorse, sponsor or approve any business listed on Bookmarc, any Third Party Content or the products or services offered by any business listed on Bookmarc.

2. Bookmarc takes the accuracy of its Database very seriously. If You see any material on Bookmarc which:

(a) infringes any law, regulation, standard or relevant industry code;

(b) breaches the requirements of this Agreement; or

(c) is incorrect,

You must inform us as soon as possible, through the website feedback form.

3. Automated access to Bookmarc by or on behalf of internet search engines is permitted.

4. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication, without Bookmarc’s prior written approval.

5. You may not use the Site to post any pyramid scheme on the Site.

6. You may not use any feature of the Site to send unsolicited commercial email to Businesses, whether individually or as a group.

7. Bookmarc reserves the right to terminate your agreement should you post any content or listing that may be in breach of any of these Terms. Further, Bookmarc reserves the right to, in its absolute discretion, to reject or remove any Advertisement, Content and Business Listing from the Site for any reason.

8. Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.

9. You agree to enter into a 12 month subscription with Bookmarc from date of agreeing to upgrade your account to either a Binder or Library Link. This agreement is binding, and should you decide to cancel the subscription, any remaining period will be invoiced or charged in full.

10. Bookmarc will automatically renew your account 14 days prior to the end of your subscription. This renewal will extend to a further 12 month subscription. You must expressly inform Bookmarc by written communication within 14 working days prior to the renewal of your intention to not renew.

 

Business Listings

1. You may use Bookmarc to add, amend and/or update a Business Listing, solely on the terms and conditions of this Agreement and all Content must be complete and accurate, be supplied in the manner and format specified on Bookmarc or as otherwise directed by Bookmarc, not be of a nature likely to bring Bookmarc into disrepute; and comply with all laws, regulations, standards and relevant industry codes.

2. You must not use Bookmarc to add or amend a Business Listing where You do not have the express authorisation of that business to do so, upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Accessible Content, infringe the intellectual property rights of others; or breach a law including, without limitation, any law that restricts advertising of a profession.

3. If any of the information in the Business Listing for Your business changes, becomes out of date, or no longer complies with this Agreement,

You must:

(a) immediately amend Your Business Listing so that it complies with this Agreement; and/or

(b) immediately notify Bookmarc.

4. You acknowledge and agree that by posting Content onto Bookmarc You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from Bookmarc or any Bookmarc authorised third party.

 

Changes to the Site

1. Bookmarc reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from Bookmarc or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.

 

Privacy

1. Any personal information collected by Bookmarc will be dealt with in accordance with the Bookmarc Online Privacy Policy, the terms of which are available below.

2. You consent (and must procure that any relevant third party consents) to the use of any personal information collected in relation to You (including, without limitation, any personal information contained in Content) in accordance with the Bookmarc Online Privacy Policy. If You include any personal information about any person in any Content, You must:

(a) provide that person with a copy of the Bookmarc Online Privacy Policy prior to providing us with that personal information; and

(b) where possible, have that person provide us with that personal information directly.

 

Warranties

1. You represent and warrant to Bookmarc that:

(a) You are fully authorised to publish and to authorise Bookmarc to publish all Content (including, without limitation, having full authorisation from any business whose Business Listing You add, amend or update);

(b) You are at least 18 years of age and have the legal capacity to enter this Agreement;

(c) publication of Accessible Content in accordance with this Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;

(d) You have the ability to grant the Licence;

(e) all Accessible Content will, at all times, comply with all applicable laws, regulations and relevant industry codes;

(f) all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised;

(g) the Accessible Content does not, and will not at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;

(h) You have obtained the consent of all individuals whose personal information is included in the Content to:

(i) the collection of that personal information by Bookmarc; and

(ii) the use and disclosure of that personal information in accordance with the Bookmarc Online Privacy Policy;

(i) all Accessible Content will be current and accurate, and will not mislead or deceive end users of Bookmarc; and

(j) each website represented by any URL shown or embedded in the Business Listing for Your business:

(i) is controlled and operated by Your business or its independent contractor;

(ii) will be functional and accessible at all times; and

(iii) is suitable in all respects, including (without limitation) subject matter, to be linked to Bookmarc.

 

Limitation of Liability and Disclaimer

1. Bookmarc provides no warranty to you that services generally available through the Site will be uninterrupted or error free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.

2. In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.

3. Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.

4. Bookmarc accepts no responsibility or liability for any errors in your Business Listings and you must check your Business Listings for errors as soon as they are placed on the Site. Bookmarc agrees to use reasonable efforts to publish advertisements in the shortest possible time.

5. Bookmarc cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

6. Bookmarc acts as a medium through which organisations advertise their products and services in a technical manner.

 

Your Obligations

1. You may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without Bookmarc’s prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.

2. You indemnify and will keep indemnified Bookmarc, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by Bookmarc in connection with:

(a) any breach of these Terms by you;

(b) any negligent act or omission by you;

(c) the listing or proposed listing of any advertisement by you on the Site or any related site; or

(d) an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs a consequence of the your advertisement appearing on the Site.

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