“Advertiser” means a member advertiser who has set up an account and offers their Services through the website
“Content” means any and all material, links, words, images including but not limited to any goods and services the advertiser submits, advertisers or links to the website
“the website” means http://everythingfitness.com.au
“We”, “our” and “us” means Aussie Fitness Match
“You” and “your” means the advertiser using our advertising and any associated services and by doing so, agree to these Terms.
You must register and set up your account in order to advertise your business and Services on our website. Subscriptions are for a one (1) year period unless you’ve been offered a six (6) month plan. Once payment is made, we offer no refund.
We reserve the right to change the subscription package prices at our discretion. If you wish to resubscribe after your one (1) year or six (6) month plan, prices will be subject to the current price plan that is in effect at that time.
The image you provide should be genuine and you should own the rights to the image. We have the right to refuse to accept any image if we deem it not fit or inappropriate for our website. If your image is refused by us, the onus will be on you to provide an alternative image as soon as possible as your subscription period will continue to proceed without an image.
By submitting any Content to the website, you represent that you have the ownership rights and title to this information and material, and have the right to advertise and provide that service. You also represent that you are not breaching any regulations, restrictions or third party rights.
Agreements for Advertising
To use the advertising services offered through our website, you agree to the following:
You warrant that:
- The information you post or advertise on the website is genuine, true and accurate;
- Any Content you post will not breach any third party rights;
- You will keep your information updated and any Content you include on your advertisement, links or website complies with applicable laws, codes, and regulations;
- All material and Content you link to from our website is accurate, reliable, up-to-date, lawful, and not misleading;
- You will at all times abide by the Australian Consumer Law (ACL) requirements including but not limited to the re-supply or refund of any goods or services you supply or provide which do not meet ACL requirements; and
- You also agree to ensure you adhere to good practice service standards for the supply of goods and services to customers in a timely and responsive manner.
You acknowledge and agree:
- We are a facilitator only for the purposes of permitting businesses and individuals to post their advertisement on our website but do not guarantee any bookings, business, increase in traffic or otherwise;
- Any products or services you provide through your business is done directly and is your contractual relationship with the customer that may find you by visiting our website. Any disputes, issues, dealings or complaints are to be dealt with directly with the customer and you agree to indemnify us for any customer claim which results directly or indirectly from your action or inaction; and
- You will manage all customer disputes in good faith and in accordance with all Australian Consumer and other law requirements. We are not to be involved at any time and are not responsible directly or indirectly for any dispute with any customer regarding the provision of your Services.
- Images supplied to us for publication on Aussie Fitness Match website may be published on different pages within the website, to be determined at our sole discretion. By submitting images to us, you agree that we may use your images anywhere within our website.
- We reserve the right to amend, move or reposition the Website at any time;
- We are under no obligation to accept your content for publication on Our website and we are under no obligation to provide reasons for such refusal;
- In addition, we shall have the absolute right, without providing any reason, to reject any URL link embodied within the Directory Listing.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will endeavour to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period. We are not required to compensate you for any losses, both financial and/or time based, due to the website being unavailable.
By using this website, you authorize us to use, reuse and to grant others the right to use and re-use your Content and any reproduction or similar in any form of media or technology for any purpose related to the website.
You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service, and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
Instagram ad space.
Your Instagram ad will appear once on our feed. We do not guarantee any bookings, business, increase in traffic or otherwise;
Any products or services you provide through your business is done directly and is your contractual relationship with the customer that may find you by visiting Instagram Page. Any disputes, issues, dealings, complaints are to be dealt with directly with the customer and you agree to indemnify us for customer claim which results directly or indirectly from your action or inaction; and
You will manage all customer disputes in good faith and in accordance with all Australian Consumer and other law requirements. We are not to be involved at any time and are not responsible directly or indirectly for any dispute with any customer regarding your provision of the Services.
Post dates for your ad on our IG feed will be done as first come, first serve. We are unable to give you an exact date of when your ad will appear however, you will get tagged in the post once it is on our Social Media feeds.
We aim to keep your ad at the top of our feed (within the first three images for 72 hours ) Giving you plenty of time to be seen!
Once your ad is posted, your image or message content cannot be changed and no refunds will be given.
Refunds, Cancellation, and Termination
We offer no Refunds once payment is made.
Your listing will remain on our site for a period of (1) year unless you’ve purchased a six (6) month plan.
After that time, if you have chosen not to renew your subscription, your listing will be removed.
If you wish your listing to be removed before your subscription has finished please email firstname.lastname@example.org. You agree by removing your ad before the end of your subscription that you will not be refunded by us.
WE MAY TERMINATE YOUR ACCOUNT AND ADVERTISEMENT AT ANY TIME: We have the right to terminate your advertisement on our website for any reason, at any time. If we do not receive payment, we have the right to remove your advertisement and suspend your account. We will not be responsible for any lost files, revenue, information or anything related to such suspension or removal of your advertisement.
You agree that we may, at our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
If we have reasonable grounds to suspect the information you provide on your profile, account or advertisement on our website or on your website is untrue, inaccurate or incomplete; if we receive numerous complaints about your goods or services, any advertisement or action or inaction you have taken with a customer or that you have breached any Terms; if your content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your advertisement and information links and terminate your account. We may also deny the use of our website and services to you in the future and are not obligated to return any subscription or registration monies in the event of any breach.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We may, but are not obligated to, remove any Content that we determine, at our sole discretion, may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms.
We are not required to provide any refund or part thereof to you for such termination of your subscription.
Modification of Website and Content
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
Please take care when selecting the images and or content for your Ad. Once submitted any changes to images and or content within your subscription timeframe will come at a $49 admin fee. To make changes to your profile please email email@example.com
We reserve the right to disclose your name and any other personal details of any Advertiser to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or loss of income, loss of use, loss of business opportunity, loss of production, loss of anticipated savings, pure economic loss, loss of or damage to reputation which may result from your advertisement on our website. You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising directly or indirectly as a result of any content placed by you on Aussiefitnessmatch.com.au.
You also agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or loss of income, loss of use, loss of business opportunity, loss of production, loss of anticipated savings, pure economic loss, loss of or damage to reputation if any errors occur on your profile page with us including but not limited to content, images and or non-working hyperlinks .
In addition, you agree to fully indemnify us for any and all claims by customers or any third party which may result from your advertisement, Content or link on the website or any business you conduct with any customer. We are not responsible for your Content, Services nor for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise. You agree you will fully indemnify us and, wherever possible, take over and manage any claim which may result from any one of your customers whether direct or indirect.
Our liability to you will not exceed the amount actually paid by you for your advertisement.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Aussie Fitness Match.
All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Advertisers.
You are solely responsible for obtaining written permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
These Terms are governed by the laws of South Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of South Australia for determining any dispute concerning these Terms.