Terms & Conditions

OpenSearch Pty Ltd - (ABN 94081556210)

These terms and conditions ('Terms') apply to all advertising services provided to any person ('Customer') by OpenSearch Pty Ltd and its subsidiaries.

Publication of Advertising

• Subject to these Terms, OpenSearch Pty Ltd will use its reasonable endeavours to publish advertising submitted by Customers ('Advertising') in the format submitted by the Customer and in accordance with the placement instructions of the Customer.
  
• OpenSearch Pty Ltd may, in its discretion and without further cost to the Customer, re-publish Advertising in other OpenSearch Pty Ltd publications and media.

Right to Vary Format and Placement

• OpenSearch Pty Ltd reserves the right;
  
  to vary the placement of Advertising within a particular print title or Internet site; and OpenSearch Pty Ltd will endeavour to notify the Customer of any such changes.
  
  However will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from OpenSearch Pty Ltd's failure to publish Advertising in accordance with a Customer's request.

Submission of Advertising

• By submitting Advertising for publication, the Customer warrants to OpenSearch Pty Ltd that the Advertising does not breach or infringe:
  
  • the Trade Practices Act (Cth), Fair Trading Acts (State) and equivalent legislation;
  • State and Commonwealth anti-discrimination legislation;
  • any copyright, trade mark or obligation of confidentiality;
  • any law of defamation or obscenity;
  • any law of contempt of any court, tribunal or royal commission;
  • the Privacy Act (Cth); and
  • any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).
    
    
• The Customer must not submit Advertising for publication that contains contact details for the Customer if those contact details do not include the full name and street address of the Customer. Post office box and email addresses alone are insufficient.
  
• The Customer must collect Advertising material submitted to Digital Management Systems immediately after publication. OpenSearch Pty Ltd will endeavour to take reasonable care of Advertising material in its custody and control, but will not be responsible for any loss or damage to Advertising material (even if caused by OpenSearch Pty Ltd's negligence).

Online Advertising

• For online banner and display Advertising, the Customer must
  
  • confirm all online Advertising at least 30 days before the Advertising is scheduled to appear, by submitting a signed 'Advertising Confirmation' form to OpenSearch Pty Ltd; and
  • cancel online Advertising in writing at least 30 days before the Advertising is scheduled to appear. OpenSearch Pty Ltd reserves the right to charge the Customer for online Advertising cancelled on less than 30 days notice.
    
    
• For online banner and display Advertising, the Customer must submit creative materials and a click-through URL for online Advertising to Digital Management Systems at least 3 working days (5 working days for non-gif material) before the Advertising is scheduled to appear.
  
• All online Advertising (including rich media) must comply with OpenSearch Pty Ltd's advertising specifications, which are available on request.
  
• OpenSearch Pty Ltd will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its own adserving systems. Results from Customer or third party adservers will not be accepted for the purposes of OpenSearch Pty Ltd's billing and assessment of Advertising.
  
• OpenSearch Pty Ltd is not liable for any loss, damages or liabilities arising from a failure of the World Wide Web or any telecommunications structure.
  
• Customer acknowledges that OpenSearch Pty Ltd may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.

Errors

• The Customer must promptly
  
  • check proofs of Advertising provided to the Customer by OpenSearch Pty Ltd; and
  • notify OpenSearch Pty Ltd of any errors in the proofs or any published Advertising.
    
    
• OpenSearch Pty Ltd does not accept responsibility for any errors in print Advertising placed over the telephone.
  
  
• If a Customer wishes to make a claim on OpenSearch Pty Ltd for credit, re-publication or any other remedy in respect of Advertising, the Customer must send the claim in writing to OpenSearch Pty Ltd no later than 25 days after the date of the tax invoice or date of publication of the Advertising (whichever is earlier).
  
  
• OpenSearch Pty Ltd will only investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays)

Liability

• The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of OpenSearch Pty Ltd in connection with the Advertising.
  
• OpenSearch Pty Ltd excludes all implied conditions and warranties from these Terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State acts) which cannot by law be excluded ('Non-excludable Condition').
  
• OpenSearch Pty Ltd limits its liability;
  
  • for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and
  • for any other error or omission in published Advertising caused by OpenSearch Pty Ltd, to (at OpenSearch Pty Ltd's option) re-supply of the Advertising services affected by the breach, or payment of the cost of re-supply.
    
    
• The Customer indemnifies OpenSearch Pty Ltd and its officers, employees, contractors and agents (the 'Indemnified') against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer's breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
  
  
• You expressly agree that use of the service is at your own risk. Neither OpenSearch Pty Ltd nor any of its affliates, employees, agents, partners, content providers or licensors, make any representations or warranties of any kind regarding the service, the content, any advertising material or the results that may be obtained from use of the service.
  
  
• To the maximum extent permitted by law, OpenSearch Pty Ltd disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient, or any other person, through relying on anything contained in or omitted from the site.
  
  OpenSearch Pty Ltd provides a service to managers, agents and owners of properties, and advertisers. It relies on information provided by them and to the extent that liability cannot be lawfully excluded, users and visitors agree to hold OpenSearch Pty Ltd harmless and agree to take any action against the respective manager, agent, owner or advertiser.
  

REFUND POLICIES

Subscription Fee

• The subscription fee payable to OpenSearch Pty Ltd has an initial 30-day money back satisfaction guarantee. If you are
  not completely 100% satisfied with our services and facilities within the first 30 days of signup, you will be
  given a full refund of the contract amount excluding setup fees and administration fees (if any).
  This policy does not apply to any the additional chargeable facilities utilised during this period such as
  Alerts and Notifications messages.All cancellations must be made in writing.
  

Refund Policy for Credit Card Subscription Renewals

• Renewals of subscriptions will be refunded if OpenSearch Pty Ltd is notified within the first 7 days following renewal
  date. No refunds will be granted for notifications received after this date. Any refund will be calculated on
  a pro-rata basis, less any management fees.
  

Refund Policy for Notifications and Alerts Service

• Upon acceptance of Notifications and Alerts Services’ Terms and Conditions of use, refunds are not
  applicable to this service. All alerts created by the subscriber are self-managed and OpenSearch Pty Ltd will not be
  held responsible for incorrect or unauthorized usage of this service.
  
• OpenSearch Pty Ltd will not be liable for any claims of non-receipt of services that was a result of an incorrect email
  address and/or mobile number provided by you to OpenSearch Pty Ltd. The customer is responsible for providing
  correct/working e-mail address and/or mobile numbers.
  

Fraudulent Credit Card Charges or Fraudulent Claims

• All requests to negate charges are investigated by our technical department and legal department. If you
  make a fraudulent claim of unauthorized card usage, we will report this to the credit card services. This
  report may result in cancellation of your card services, put negative information on your credit report, and
  create possible criminal charges that may be filed against you.
  

Important Information

• In order to obtain a refund you must provide your correct e-mail address and/or mailing address to OpenSearch Pty Ltd. OpenSearch Pty Ltd will not be liable for any claims of non-receipt of refund that was a result of incorrect details provided by you to OpenSearch Pty Ltd. The customer is responsible for providing the correct details.
  

Policy Changes

• OpenSearch Pty Ltd reserves the right to modify this Refund Policy at its discretion, or against any customer it believes
  is abusing this policy. Any such revision or change will be binding and effective immediately after posting
  of the revised Refund Policy on OpenSearch Pty Ltd’s website. You agree to periodically review our website, including
  the current version of our Refund Policy. Our refund policy is made available on our website. It is your
  obligation to review our refund policy for any such revisions

Privacy

• OpenSearch Pty Ltd collects a Customer's personal information to provide the Advertising services to the Customer and for invoicing purposes. OpenSearch Pty Ltd may disclose this personal information to its related companies, to credit reporting agencies and other third parties as part of provision of the Advertising. Where a Customer has an overdue account, OpenSearch Pty Ltd may disclose personal information to debt collection agencies to recover the amount due.
  
• Customers may gain access to their personal information by writing to or emailing OpenSearch Pty Ltd.

General

• These Terms represent the entire agreement of the Customer and OpenSearch Pty Ltd in relation to Advertising and cannot be varied except in writing by an authorised officer of OpenSearch Pty Ltd. No purchase order or other document issued by the Customer will vary these Terms.
  
  
• OpenSearch Pty Ltd will not be liable for any delay or failure to publish Advertising caused by a factor outside OpenSearch Pty Ltd's reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
  
  
• OpenSearch Pty Ltd reserves the right at its discretion to change these Terms of Service and will notify users of any such changes by online postings.