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Terms and Conditions
Terms and Conditions (Disclaimer, copyright, trademarks,
warranty and indemnity, Advertisers & browsers)
Terms and Conditions
Information provided by Shopping Centre Resources On-Line
(SCRO) is for guidance only, changes may have been made after
the date published so users should check the accuracy of the
information with the relevant companies before making any
decisions. SCRO does not accept any responsibility or liability
for any claims arising out of the descriptions or information
supplied to it. Facts and figures are liable to change. Any
prices are a guide only.
Companies and/or agencies by lodging material with SCRO for
distribution, or authorising, or approving of the distribution
of any information material INDEMNIFY SCRO & BWSM
(Brett Worne Strategic Marketing), its directors, employees
and agents against all claims, demands, proceedings, costs,
expenses, damages, awards, judgments and any other liability
whatsoever, wholly or partially arising directly or indirectly
in connection with copyright, infringement of trade marks
or names of publication titles, unfair competition, breach
of trade practices or fair trading legislation, violation
of right of privacy or confidential information or licenses
or royalty rights or other intellectual property rights, and
WARRANT that the information provided complies
with all relevant laws and regulations and that its display
will not give rise to any claims against or liabilities to
SCRO & BWSM, its directors, employees or agents and without
limiting the generality of the foregoing, that nothing therein
is in breach of any laws or regulations.
1. Customer (Advertiser) agrees to be bound
a) The following terms and conditions shall
apply to all Advertiser agreements that provide access to
the website, and the Advertiser agrees to be bound by these
terms and conditions.
b) These terms and conditions are to be read
in conjunction with any Advertiser agreements the Advertiser
and Shopping Centre Resources On-Line(SCRO) (a division of
Brett Worne Strategic Marketing, BWSM, ABN 44 791 978 970)
may enter.
c) These current terms and conditions of
Shopping Centre Resources On-Line are found on www.scro.com.au
.
2. Variation of the Terms and Conditions
a) The Advertiser agrees and accepts that
SCRO & BWSM may vary these terms and conditions at any
time.
c) SCRO or BWSM will notify the Advertiser
of variations to these terms and conditions that could affect
the Advertisers agreements with SCRO by giving notice of variation
to the Advertiser.
d) Variations to these terms and conditions
will become effective when posted on the website or on such
later date as SCRO may specify, whether or not the Advertiser
is given specific notice of any particular change.
e) It is the Advertisers responsibility to
regularly review these terms and conditions on the website,
www.scro.com.au
3. Advertiser License and Warranty
a) The Advertiser grants SCRO a license to
copy, display and modify the Advertisers material for the
purposes of presentation on the website.
b) The Advertiser warrants ownership of or
authority to supply all text, trademarks, artworks and other
material licensed to SCRO & BWSM.
4. Intellectual Property rights
a) The intellectual property rights (including
copyright) in the website (including the software and source
code to create the website) are vested in SCRO.
5. No Guarantee
SCRO & BWSM does not guarantee the success of any SCRO
service.
6. Confidentiality of account details
All account information provided by the Advertiser to SCRO
will be kept confidential. SCRO will use reasonable efforts
to keep information SCRO has about the Advertiser secure and
ensure no one from SCRO does not make unauthorised use, modification,
reproduction or disclosure of that information.
7. Website Content, Copyright, Disclaimers and Links
Advertiser Listing
(a) On purchase of a Standard or Premium
Listing and payment made the listing will be added to the
website in the services section. The order in the subheadings
will be determined firstly displaying Premium Listing followed
by Standard Listings. The other in these two groups will be
on a first in basis on payment of the advertising fee. The
first year of the site all Premium listings will be able to
list their business under two headings in the service section.
(b) The payment of the advertising fee will
allow the advertisement to be on the site for twelve (12)
months from the day of payment.
Banner Listing
(a) On purchase of a Banner Listing and payment
made the listing will be added to the website. The listing
will be rotated will other banner listings on all pages that
banner listings appear. The banner listing will not be permanently
on any page and will rotate will other banner listings on
a set time frame.
(b) The payment of the advertising fee will
allow the advertisement to be on the site for 3,000 impressions.
Employment Listing
(a) All jobs listed on the Employment page will become active
once payment is received. The order will be on a first in
basis on payment of the advertising fee.
(b) The payment of the advertising fee will allow the advertisement
to be on the site for one (1) month from the day of payment.
News, Ideas & Information from Suppliers
(a) All items listed on the News, Ideas & Information
page will become active once they have been reviewed by SCRO
& BWSM. The order will be on a first in basis.
(b) The listing will be on the site for two (2) months from
the day of activation.
Items For Sale Listing
(a) All items for sale listed on the Items
for Sale page will become active once they have been reviwed
by SCRO and BWSM. The order will be on a first in basis.
(b) Listing will be on the site for two (2)
months from the day of activation.
Tender Listing
(a) All tenders listed on the Tender page
will become active automatically. The order will be on a
fist in basis.
(c) The advertisement will be on the site
for one (1) month from the date of lodgement.
Advertiser Content (Advertisers)
(a) The information contained in the website
may be in the form of a and be created through various techniques
including automatic techniques, with little or no human
intervention. SCRO does not and cannot guarantee that the
information will be complete or accurate, or that the links
associated with any websites will be active at the time
of any search.
(b) SCRO cannot and does not screen all
information in the website supplied by Advertisers. SCRO
does not assume any responsibility for the content of any
items included in the website by Advertisers, and will not
be responsible for any errors or omissions, or any unlawful,
offensive or otherwise objectionable content contained within
the website. If SCRO receives requests to remove information
from the website it reserves the right to address such requests
individually.
7.1 Disclaimers
(a) There may be technical inaccuracies,
errors, programming bugs or computer viruses in the website
where the Advertisers business information is displayed,
or its content. SCRO and its respective contractors, employees
or agents, make no representations (a) about the accuracy,
completeness, currency or suitability of the information,
links or other resources provided on the website (b) that
the general public’s access to the website will be
uninterrupted or error-free (c) that the website or the
server/s which store and transmit data to the user is free
of viruses or any other harmful components.
(b) SCRO takes no responsibility for use
of presentations in the website by persons engaged in mass
email, spamming activities, denial of service attacks or
other like activities.
(c) Except as expressly provided in these
terms and conditions or by law, SCRO and their contractors,
employees or agents exclude: (a) warranties whether express,
implied, statutory or otherwise, relating in any way to
the website or use of the website including information
accessed at or via the website or any partner site; and
(b) liability (including for negligence) to the Advertiser
or anyone else in respect of any loss or damage (including
special, indirect or consequential loss or damage such as
loss of revenue, unavailability of systems or loss or corruption
of data) arising from, or in connection with, any use of
the information on, or accessed through, the website, or
any place where Advertiser information is displayed, for
any reason whatsoever.
(d) Care has been taken in compiling the
website. However, as the website is compiled using information
provided by Advertisers and a range of other sources, SCRO
does not warrant or represent that the website is free from
errors or omissions, duplicate data, that the statements
made by or attributed to a party are accurate.
(e) SCRO is not a supplier of or agent
for the supply of the Advertisers goods, services or products.
Accordingly, all enquiries for supply should directed to
the Advertiser.
7.2 Links to Third Party Information and sites
(a) The website may contain, among other
things, information provided by third parties as well as
links to third party websites and/or other third party.
(b) All information accessed at or via
the website is provided 'as is' without any express or implied
warranty. SCRO and their contractors, employees or agents
take no responsibility for the content, Third Party Resources
or Internet sites that link from, or to, the website. SCRO
does not have a practice of monitoring or making inquiries
about the content of Third Party Resources. SCRO is not
responsible for, does not endorse and makes no representations
either expressly or impliedly concerning Third Party Resources,
their content or any products or services which they offer.
(c) Content contained on Third Party Resources
does not represent the views of SCRO.
7.3 The Advertiser will not:
(a) submit to the website any material
which violates any intellectual property rights (including,
without limitation, patents, trade marks, trade names, copyright
and design rights and whether registered or unregistered)
or other rights of any person in any jurisdiction in the
world;
(b) submit to the website or, if applicable,
any website linked to a presentation in the website, any
defamatory, threatening, harassing, abusive, discriminatory,
unlawful, obscene, offensive, profane, indecent or otherwise
objectionable material of any kind;
(c) submit or otherwise link to the website
or otherwise propagate material of any kind which contains
computer worms, viruses or other types of malicious or harmful
code;
(d) damage, modify, interfere with, disrupt
or destroy the files, data, passwords, devices or resources
that belong to SCRO or do anything that compromises the
security and/or stability of the website;
(e) use the website to engage in conduct
(including on-line marketing practices) that is misleading
or deceptive or likely to mislead or deceive;
(f) use the website in connection with
the transmission of junk mail, spam, chain letters or to
engage in other flooding techniques or mass distribution
of unsolicited email;
(g) resell, rent or lease the website;
(h) without the express written permission
of SCRO, take the results from the website and reformat
and display them;
(i) mirror the website on any other website
8. Advertiser indemnifies SCRO & BWSM
In addition to and subject to any specific indemnity in
any Advertiser agreement, the Advertiser acknowledges that
SCRO will not be liable for any indirect or consequential
loss or damage (including legal fees and other costs incurred)
arising out of or in any way connected with the supply of
the service, a payment method in an agreement, and/or any
inaccuracy, inadequacy or incompleteness of information
contained in the website, or any printed material.
8.1 The Advertiser further indemnifies SCRO
and acknowledges that SCRO will not be liable for any loss
or damage, direct, indirect or consequential (including
legal fees and other costs incurred) arising out of or in
any way connected to:
(a) a breach by the Advertiser of these
terms and conditions including any act, neglect or default
by the Advertiser, its employees, licensees or clients;
(b) any successful claim by any third party
against SCRO in respect of any matter arising from the operation,
use, transfer of data or money to and from SCRO by the Advertiser;
or
(c) the Advertisers general conduct.
9. No Advertiser assignment or transfer of agreement
The Advertiser may not assign its rights or obligations
under any agreement with SCRO without the written consent.
SCRO may, without requiring the Advertisers consent, assign
the benefit of or any of its rights under any agreement
with the Advertiser and under these terms and conditions.
10. Privacy
The Advertiser authorises SCRO to do certain things without
reference to the Advertiser when the Advertiser enters into
any agreement with SCRO. For clarity, SCRO will only disclose
information that it holds about the Advertiser:
(a) to the extent specifically required
by law; or
(b) for the purposes of the Advertiser
agreement (including disclosing information in connection
with any query or claim).
10.1 By subscribing to website and by asking us
to maintain an active presentation, you hereby understand
and agree that:
(a) The service provided by SCRO may include
certain communications such as renewal and billing notices,
service announcements, and administrative messages, and
that these communications are considered part of the service
and you will not be able to opt out of receiving them.
(b) SCRO will communicate with you via
e-mail about these issues and it is your responsibility
to check and ensure that the e-mail address provided for
the provision of the service is correct and up-to-date.
10.2 SCRO will collect, use and disclose any personal
information in accordance with SCRO privacy policy which
is available for viewing at www.scro.com.au. The
Advertiser acknowledges SCRO privacy policy and consents
to the collection, use and disclosure of personal information
in accordance with that privacy policy.
10.3 Despite this clause, SCRO does not agree to
withhold any information about the Advertiser that is already
in the public domain.
11. Severability of some clauses
If any part of these terms and conditions are unenforceable
the remainder will not be affected.
12. Termination
(a) Either party may terminate the Advertiser
agreement at any time in accordance with the procedure set
out in the Advertiser agreement.
(b) If the Advertiser validly terminates
this agreement, it must immediately pay all fees and charges
outstanding and owing up to the date the termination takes
effect and the Advertiser acknowledges that SCRO may take
legal action to recover fees and charges not paid in accordance
with this clause and the Advertisers agreement.
(c) SCRO may terminate the Advertisers
agreement immediately and without prior notice to the Advertiser
if the Advertiser breaches any of these terms and conditions.
(d) If SCRO terminates the Advertisers
agreement accordingly to this clause, then, without affecting
any other rights SCRO may have, the Advertiser must immediately
pay to SCRO all outstanding fees and charges owing under
these terms and conditions and incurred up until the date
of termination.
(e) any fees paid will not be refunded
by SCRO if the Advertiser terminates this agreement.
13 Payments, GST & Prices
(a) All payments to SCRO must be made in
advance according to the terms of the Advertisers agreement.
(b) “GST” has the meaning as
defined A New Tax System (Goods and Services Tax) Act 1999.
Except where noted, all prices quoted in the Advertiser
agreement are inclusive of GST. Where the prevailing rate
of GST changes, the new rate will be applied to the prices
and the GST inclusive price for the service will be adjusted
to account for the new prevailing rate of GST.
(c) SCRO will issue a tax invoice to the
Advertiser in accordance with any specific terms and conditions
in the Advertiser agreement.
(d) The Advertiser acknowledges that prices
are subject to change.
14 Acceptable Content:
(a) Maintaining and Improving SCRO Standards
SCRO reserves the right to include or exclude entry to,
or remove all presentation and advertising information on
the website based on SCRO legal and ethical standards. SCRO
may choose to refuse text, ads, or keywords containing or
relating to certain products or services and to refuse or
modify material intended for presentation on the website,
as noted in our terms and conditions.
(b) Correct Use of Trade Marks - SCRO encourages
the Advertisers to utilise trade Marks correctly in accordance
with IP Australia guidelines.
14.1 Unacceptable Content - SCRO may refuse
to include or may remove any content on the website that
it deems to be unacceptable including content that is or
has the potential to:
(a) Illegal Material - Be illegal in nature
including without limitation information encouraging conduct
that would constitute a criminal offence.
(b) Intellectual Property Right Violation
- Violates or in the reasonable opinion of SCRO is likely
to violate any intellectual property rights (including,
without limitation, patents, trade marks, trade names, copyright
and design rights and whether register, registered or unregistered)
or other rights of any person in any jurisdiction in the
world.
(c) Offensive Language / Material / Adult
Content - Be defamatory, threatening, harassing, abusive,
discriminatory, unlawful, obscene, offensive, profane, indecent
or otherwise objectionable in any way.
(d) Deceptive or Misleading Material -
Be misleading or deceptive or likely to mislead or deceive.
(e) Drugs and Drug References - Contain
references to unapproved, banned, illicit or otherwise illegal
drugs or pharmaceuticals.
(f) Gambling and Casinos - Contain information
that features or advertises or otherwise lists off-shore
or online casinos or gambling services.
14.2 Style and Grammar
(a) Text and links should be kept up-to-date and
accurate.
14.3 Category / Heading Allocation
(a) SCRO reserves the right to decide whether,
where and how a Advertiser is listed in the website. If
SCRO accepts the Advertisers information for inclusion in
the website, SCRO will consider the Advertisers preferences,
but reserves the right to list the Advertisers material
in any category or subcategory that SCRO deems appropriate
in its sole discretion. Once SCRO accepts material for inclusion
in the website, it reserves the right not to include any
specific keywords, comments, or annotations with the information.
(b) SCRO also reserves the right, in its
sole discretion, to remove the Advertisers material from
the website, move the information to a different category
or subcategory, and change or remove any keywords, comments,
or annotations at any time, for any reason, including but
not limited to, a change in the nature, business, goods,
or services or content available on the website.
14.4 Press Release Regarding Inclusion
Any and all press releases and other public announcements
related to the inclusion or possible inclusion of Advertiser
material in the website, including the method and timing
of such announcements, must first be approved in advance
by SCRO in writing. SCRO reserves the right to withhold
approval of any public announcement in its sole discretion.
No client may use the name “Shopping Centre Resources
Online” without the express written permission of
SCRO.
14.5 Links
(a) Websites
(a) If there is a link to a Advertisers website, the official
business name must be visible to all visitors to the site.
(b) The linked site must only be for the
business against which it is listed.
(c) The linked site must clearly define
its purpose, products, and/or services.
(d) The linked site must not contain any
parts under construction.
(e) All links on the linked site must work
(and must link to relevant content).
(f) The URL must be a complete address
including a domain extension (e.g. “.com.au”).
(g) Email Addresses
(h) The displayed email address must be
that of the business against which it is listed.
(i) The email address must be complete including
an “@” and a domain extension (e.g.
“.com.au”)
(j) The email address must work without
exception at the time of inclusion and must be
(k) No scumware
(l) SCRO will not link to any website that
is associated with scumware in any way.
(m) Working Back Buttons
14.6 Breach
If the Advertiser breaches any of these editorial policy
terms, or any of these standard terms and conditions SCRO
reserves the right to disable any service the subject of
the breach. All payments due under the specific Advertiser
agreement will be due and payable from the date of disabling
without set-off or deduction and without prejudice to any
rights SCRO may have in respect of the Advertiser agreement
or these terms and conditions.
15. Service of Notices
Notice under any agreement shall be deemed to be served
on a party to the Advertiser agreement if given by mail,
facsimile or email to the latest address for service as
notified in writing to SCRO. If a party’s current
address for service changes that party must notify the other
party of the change. In the case of service by mail, service
shall be deemed to be effected three business days from
the date of posting. In the case of facsimile service, service
will be deemed to be effected on the date and time as recorded
on the facsimile report and the case of email service shall
be deemed to be effected on the date and time of transmission
of the message by the sender if the message is not rejected.
If the Advertiser wishes to notify SCRO about anything in
these terms and conditions the Advertiser should write to
SCRO as per contact details contained on this website.
Terms and Conditions
For www.scro.com.au - a BWSM website: ABN 44 791
978 970 – PO Box 150 West Pennant Hills NSW 2125 Australia.
IF YOU DISAGREE WITH ANY OF
THE TERMS OF USE DETAILED BELOW, DO NOT USE THIS SITE.
Brett Worne Startegic Marketing ("BWSM") maintains
this site, please feel free to browse the website. The website
and its contents are protected by worldwide copyright laws
and are designed to comply with Australian laws and regulations.
BWSM makes no representation or warranties nor assumes any
liability or responsibility for or as to the accuracy (including
errors and omissions) of any information contained herein
and expressly disclaims any obligation to update the said
information.
Through your access to and use of the website, you accept,
without limitation or qualification, the terms and conditions
("Terms and Conditions") set forth below.
TERMS AND CONDITIONS
1. You should assume that all contents of the website are
copyrighted unless otherwise noted and may not be used as
except as provided herein. You may freely browse the website
and download material there from. Downloaded materials may
be used by you for personal, non-commercial use. You may
not, however, distribute, modify, transmit, reuse, re-post
or use any of such materials for public or commercial purposes,
without the express written permission of BWSM.
2. Images of people or places displayed on the website are
either the property of, or used with permission by, BWSM.
The use of these images by you is prohibited unless specifically
permitted by these Terms and Conditions or by specific permission
provided elsewhere on the website. Unauthorised use of the
images may violate copyright, trademark, privacy and/or
publicity laws as well as communications regulations and
statutes.
3. Your use of the website is at your own risk. BWSM is
not liable for any direct, indirect, incidental, consequential,
or punitive damages arising out of your access to, or use
of, the website. This includes damages to, or for viruses
that may infect, your computer equipment. Without limiting
the foregoing, everything on the website is provided to
you "AS IS" and without any warranties whatsoever
of merchantability, fitness for a particular purpose, or
non-infringement. Please note that some jurisdictions may
not allow the exclusion of implied warranties, so some of
the above exclusions may not apply to you. Check your local
laws for any restrictions or limitations regarding the exclusion
of implied warranties.
4. Any communication or material that you transmit to, or
post on, the website by electronic mail or otherwise, including
any data, questions, comments, suggestions or the like,
is, and will be treated as, non-confidential and non proprietary
information. BWSM may use such communication or material
for any purpose whatsoever, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast
and further posting. Further, BWSM and its associated companies,
are free to use any ideas, concepts, know-how or techniques
contained in any communication or material you send to the
website for any purpose whatsoever, including, but not limited
to, developing and marketing products. Further, if you do
send us a submission, you agree not to assert any ownership
right of any kind in the submission (including, but not
limited to copyright, trademark, unfair competition, moral
rights, or implied contract) and you waive the right to
receive any financial or other consideration in connection
with such unsolicited submission including, but not limited
to, credit.
5. Nothing contained in this website should be construed
as granting, by implication, estoppels or otherwise, any
license or right in and to the Trade Marks without the express
written permission of BWSM. Your misuse of the Trade Marks
on the website and in its contents, except as provided in
these Terms and Conditions, is strictly prohibited. You
are advised that BWSM will aggressively enforce its intellectual
property rights in the website and its contents to the fullest
extent of the law, including by seeking criminal sanctions.
6. BWSM has not reviewed all of the sites that may be linked
to the website and is not responsible for the content of
any other sites linked either to or from this website. Your
utilisation of such links is at your own risk.
7. Although BWSM may, from time to time, monitor or review
the transmissions on the website, BWSM is under no obligation
to do so. BWSM assumes no responsibility or liability arising
from the content of the website nor for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger or inaccuracy contained in any information
within the website.
8. You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, inflammatory,
pornographic or profane material or any material that could
constitute or encourage conduct that would be considered
a criminal offence, give rise to civil liability or would
otherwise violate the law. BWSM will fully cooperate with
any law enforcement authorities or court order requesting
or directing to disclose the identity of anyone posting
any such information or materials.
9. You agree to indemnify BWSM for any and all claims, damages,
losses, and causes of action arising out of your publication
or transmittal of material described in the above clause
or your failure to comply with these Terms of Use.
10. BWSM reserves the right to alter or delete material
from the website at any time and will not be liable in any
way for possible consequences of such changes.
11. BWSM may, at any time, revise these Terms and Conditions
by updating this posting. You are bound by any such revisions
and should, therefore, periodically visit this page to review
the then current Terms and Conditions.
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