These Terms and Conditions are applicable to all business listings and advertising (paid or free) provided by Party Affairs. Party Affairs reserves the right to publish or not publish such lists to maintain a comprehensive list of businesses and services. These terms form a binding contract between Party Affairs and the Advertiser.
1.0 Acceptance of Terms
1.1. All Advertisers agree to be bound by all requirements, and Terms & Conditions set by Party Affairs.
1.2. The terms that apply to your Contract and Service are set out in:
1.2.a. these terms including any attachments;
1.2.b. the approved and authorised order form or equivalent contract, over the phone with a sales person or otherwise;
1.2.c. where applicable; the commercial credit application;
1.2.e. any advertising rules and/or guidelines which apply to your Service; and
1.2.f. any equivalent approved and authorised document received by Party Affairs.
1.3. These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on the Party Affairs website.
1.4. Party Affairs, in its sole discretion, may vary these terms and conditions at any time without notice.
2.0 Term of Advertising Contract
2.1. The Contract begins on the date approved and authorised by Party Affairs.
2.2. The Contract will continue for the period set out in the order form or equivalent contract.
3.0 Changes to the Contract, Product or Terms
3.1. Modifications or revisions of the Advertising Products Terms and Conditions can be made any time without any prior warning or notice.
3.2. The changes will be effective immediately or as notified.
3.3. You should check the terms and conditions from time to time so you are aware of any changes to the site and services.
3.4. Your continued use of Party Affairs after any modifications indicates you have accepted the new terms and conditions.
4.0 Advertiser Content
4.1.Advertiser is responsible for providing all relevant advertising material to be uploaded to the Website and to maintaining any and all relevant material (Advertiser Material, to suit the requirements set out by Party Affairs, including abiding to given deadlines.
4.2. Party Affairs is not responsible for any Advertiser Material.
4.3. Party Affairs will determine the use of keywords, categories and other material relevant to businesses listings.
4.4. Party Affairs reserves the right to remove, revise or refuse to publish any Advertiser Material at our discretion.
4.5. Party Affairs can include or exclude or remove any business listing at any time for any reason and without any liability.
4.6. Recognition of advertising in other media channels:
4.6.a. Party Affairs may present advertisements of businesses that also advertise in other media channels in a different position and in a different format to that of other advertisements.
4.6.b. This variance in presentation is at the discretion of Party Affairs and Advertisers may assume no right of entitlement to this other advertising. This variance can be presented to varying groups at any time.
4.7. The Advertiser acknowledges and agrees that Party Affairs may provide the Directory from time to time to other commercial enterprises including publication on another website. We do not warrant that the Advertiser’s listing in the Directory will be published or continue to be published on an Internet site that is a distribution partner.
The Advertiser acknowledges and agrees that:
4.7.a. The failure of an internet site to publish or continue to publish the Advertiser’s listing orAdvertiser Material in any form will not affect the parties’ rights and obligations underthis Contract;
4.7.b. Party Affairs is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and
4.7.c. Party Affairs retains the right to change distribution partners from time to time andgives no warranty that the Advertiser’s listing or Advertiser Material will be distributed by any particular distribution partner for any particular period.
5.0 Termination of Contract
5.1. This Contract may be terminated in the following ways: 5.1.a. At any agreed time
5.1.b. By Party Affairs without notice if:
5.1.b.i. the Advertiser (being an individual) is declared bankrupt; or
5.1.b.ii. any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency or if the Advertiser is a person then similar events occur which indicate bankruptcy.
5.2. Party Affairs may without notice terminate this Contract and all its obligations to an Advertiserif the Advertiser fails to comply with any of its obligations to Party Affairs including, without limitation, the Advertiser’s obligations to:
5.2.a. make any payment to Party Affairs in cleared funds by the due date for payment. 5.2.b. if applicable, maintain sufficient funds or money to and from Party Affairs by the Advertiser.
6.2. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with Party Affairs, the Advertiser indemnifies Party Affairs and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and, Without limiting the generality of the above, Advertisers and or advertising agencies indemnify Party Affairs and its directors, employees and agents against any claims arising from:
6.2.a. defamation, libel, slander of title;
6.2.b. infringement of copyright;
6.2.c. infringement of trade marks or names of publication titles;
6.2.d. unfair competition;
6.2.e. breach of trade practices, privacy or fair trading legislation; and
6.2.f. violation of rights of privacy or confidential information or licences’ or royalty rights or other intellectual property rights.
6.3. Advertiser indemnity: The Advertiser indemnifies Party Affairs for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.
6.4. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement without the prior written consent of Party Affairs.
6.0 Liability and Indemnity
6.1. The Advertiser indemnifies Party Affairs against any successful claim by any third party against Party Affairs in respect of any matter arising from the operation, use, transfer of data
7.2. Apart from fair dealing permitted by the Copyright Act 1968, we grant Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
7.3. Maps and map data:
7.3.a. All content and materials relating to the maps included on or linked to the Website are the copyright of the mapping provider.
7.3.c. Party Affairs provide the Google Maps product on an ‘as is’ basis as provided by Google. Google Maps is a product of Google Inc. The user hereby agrees not to make any claims against Party Affairs or Google pertaining to the suitability for any given purpose and performance of Google Maps.
7.0 Intellectual Property
7.1. All intellectual property in relation to material included on the Website belongs to Party Affairs or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything, which interferes with or breaches those intellectual property rights.
From termination Party Affairs ceases to have any obligation to supply services to the Advertiser.
9.0 Activation of account
9.1. No advertising or listing will be activated until full payment has been received by Party Affairs in accordance with the fees and charges invoiced by Party Affairs.
9.2. Businesses are required to send the Party Affairs team business information and pictures upon payment.
9.3. Party Affairs accounts will be created within 48 hours of signing up. Businesses will be sent account details and password from the Party Affairs sales team, they are asked to ensure all information is accurate.
10.0 Term of Advertising Contract
10.1. The Contract begins on the date approved and authorised.
10.2. The Contract will continue for the period set out in the order form or equivalent contract.
11.0 Fees and Charges
11.1. Invoicing and payment:
11.1.a. The Advertiser will be issued with a tax invoice inclusive of GST. Payment is required on issue of invoice
11.1.b. The Advertiser must pay all fees and charges as set out in the invoice.
11.1.c. Party Affairs reserves the right to make changes to the prices at any time, on 30days notice to the Advertiser.
11.1.d. The Advertiser acknowledges that the fee and other charges are exclusive of GST.
GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by the Advertiser and the Advertiser agrees to pay this increase from the changed date.
11.1.e. The Advertiser is expected to adhere to the payment terms and payment method agreed to on the invoice.
11.1.f. Payment methods and payment terms accepted are as follows: credit card and direct transfer (EFT).
11.1.g. Should the Advertiser elect to pay by credit card then Party Affairs reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. The Advertiser acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
11.1.h. Should the Advertiser’s account exceed Party Affairs’ payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor’s fees and any out of pocket expense will be the liability of the Advertiser.
11.1.i. If the Advertiser at anytime exceeds the payment terms and as a result is passed on for collection and or legal action, Party Affairs may place a default against the Advertiser with a credit reporting agency.
11.2. Confidential account information: The Advertiser acknowledges and agrees:
(a) where the Advertiser is a partnership, by each of its partners:
(b) where the Advertiser is a company, by each of its directors that,
Party Affairs may, at any time, in relation to either the advertiser, a partner or director: 11.2.a.i. disclose information pertinent to their account history, concerning that person to:
10.2.a.i.1. a credit reporting agency in accordance with section18E (8)c of the Privacy Act 1988(Cth);
10.2.a.i.2. another credit provider;
11.2.a.ii. obtain a credit report from another credit provider about that person’s creditworthiness;
11.2.a.iii. disclose information to another credit provider about that person’s consumer credit worthiness;
11.2.a.vi. disclose this information to our Solicitors or Collection Agency in the event of the account being delinquent in accordance with Section 18K(1)g of the Privacy Act 1988(Cth).
11.2.b. A credit reporting agency in possession or control of a credit information file relatingto either the applicant or a partner or director of the applicant may disclose personal information contained in the file to Party Affairs:
10.2.b.i. pursuant to Section 18K(1)b of the Privacy Act 1988 (Cth).
10.2.b.ii. pursuant to Section 18K(1)c of the Privacy Act 1988 (Cth). Terms 1a & 1bapply equally to the reassessment of an account in accordance with Section18E(8)c of the Privacy Act 1988 (Cth).
11.3. Nothing prevents Party Affairs from taking any action necessary to recover unpaid fees andcharges. At which time all costs including debt collection, commission, solicitors fees andany out of pocket expense will be the liability of the Advertiser.
11.4. If the Advertiser at anytime exceeds the companies payment terms and as a result is passedon for collection and or legal action Party Affairs may place a default against the advertiserwith a credit reporting agency.
11.5. All amounts payable for advertising must be paid in advance of the advertise being activated on the Website.
12.0 Cancellation Policy
12.1. If the Advertiser wants to terminate their contract within the period of the term of thecontract then the Advertiser must do the following:
12.1.a. Give one (1) month notice in writing.
12.1.b. The Advertiser acknowledges that a cancellation request will incur a cancellation feeof one month’s directory listing.
12.1.c. A cooling off period of 3 business days will apply to all Contracts where anadvertiser may cancel their booking. No cancellation fees will be incurred as a result of cancellation during the cooling off period. All cancellations within the cooling off period should be made in writing and the cancellation will be confirmed.
12.1.d. Any refund due and payable will be paid less any applicable cancellation fees.
These are our Terms & Conditions for use of the Site, which you may access in several ways, including but not limited to the internet, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the site, regardless of how you access the Site.
14.0 Use of this site
14.1. Seen Media PTY LTD as Trustee for the Party Affair Unit Trust (ABN 94 334 713 593), is the owner and operator of the site.
14.2. All users of the Site, agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the Site (Terms & Conditions), which are subject to change at Party Affair’s sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
14.3. The Site is made available for personal use only. No content on the site is to be used for any commercial purposes at any time, other than correcting any information displayed in the directory. The directory cannot be utilised to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from Party Affairs.
14.4. Content refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the Site or directory.
15.1 Positioning on the Website is at the sole discretion of Party Affairs except in the case where positioning is clearly communicated in the any supplementary agreement or a specific sites confirmation sheet.
15.1.a. The Advertiser acknowledges and agrees that, except as provided herein, Party Affairs has not made any guarantees, inducements, warranties or other representations with respect to usage statistics or levels of impressions for any advertisement.
15.1.b. In some cases, the Company may provide the Advertiser with estimated usage statistics, but this is done only at the request of, and as a courtesy to, the Advertiser, and the Advertiser acknowledges and agrees that any such statistics are expressly excluded from these Standard Terms. The Company shall not be held liable for any claims whatsoever relating to such usage statistics.
Except as expressly set forth in any supplementary agreement, any renewal or additional advertising order shall be at the Company’s sole discretion. Pricing for any renewal period is subject to change by the Company from time to time.
17.0 No assignment or resale of ad-space
The Advertiser may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to the Company.
18.0 User’s Obligation
Users will not:
18.1. use the Site for any purpose or in any way which is contrary to the Terms & Conditions orwhich is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind.
18.2. submit or otherwise link to the directory, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code.
18.3. damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to Party Affairs or do anything that compromises the security and/or stability of the Site or the directory.
18.4. use the directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email.
18.5. send automated queries of any kind to the Site or the directory without Party Affairs’ express written permission.
19.1 In consideration of Party Affairs publishing the advertisement, the Advertiser indemnifies and holds Party Affairs harmless against any and all claims (whether in contract, tort, statute or otherwise) for any form of damages, losses, costs injury or harm sustained by Party Affairs or any other party (Including all reasonable fees of any legal advisers) in consequence of the publication of, or any act or omission in relation to, the advertisement and/or any material of the Advertiser to which users can link through the advertisement.
19.2 The Advertiser warrants that all product specifications, performance, service and other claims contained in the advertisement can be fully substantiated and are in conformity with relevant Commonwealth and State laws, including the provisions of the Competition and Consumer Act 2010, regulations, mandatory and voluntary codes and all other forms of regulation.
20.1. to abide by the Terms & Conditions;
20.2. to provide accurate, current and complete information at all times;
20.3. to maintain the security of passwords and/or identification;
20.4. to be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other materials whether publicly posted or privately transmitted to and from the account; 20.5. not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;
20.6. not to post or upload Content which contains hidden code or images which do not relate to or which alter the intended meaning of the original Content.
20.7. Party Affairs obtains the right to suspend or terminate an Account and refuse any and allcurrent or future use of the site or directory. Where it is possible for Party Affairs to contact Users directly, we will notify the User of any suspension or termination and the reasons for it and the User has 5 days to provide a written response as to why the suspension or termination should be reversed. Reasonable consideration to that response and provide a written response to the User within 10 days of receiving those reasons as to its decision.
In signing up as a Business Owner you:
21.1. agree that you are the registered business owner or authorised representative of the business being registered;
21.2. agree that your business, like all businesses displayed on the Site are subject to receive ratings and reviews from Users;
21.3. acknowledge that, to the extent permitted by law, Party Affairs is not liable for any Content that causes you or your business any loss or damage;
21.4. acknowledge Party Affairs reserves the right to include or exclude entry to, or remove a business from the Site and the directory; and
21.5. understand that Party Affairs at its sole discretion will determine the utilisation of all keywords, categories, Content and other material used to describe or categorise a business listing for all purposes relating to the Site and the directory.
22.0 Intellectual Property
22.1. Except where stated otherwise, all intellectual property in relation to Content on this Site belongs to Party Affairs or its licensors, advertisers or affiliates, including but not limited to logos and trade marks. You obtain no interest in that intellectual property. All Content on the site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Content.
22.3. Other, non-Party Affairs trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
23.0 Liability & Indemnity
23.1. Party Affairs does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (as incorporated in the Competition and Consumer Act 2010 (Cth) and equivalent State or Territory legislation), which cannot be excluded, restricted or modified. However, Party Affairs otherwise excludes all rights, remedies, conditions and warranties in respect of goods or services provided through the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible, the following clauses 18 – 22 apply.
23.2. Party Affairs does not warrant the accuracy of the Content and the directory on the Site, including but not limited to any maps displayed on the site and any third party sites or resources. All Content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. Content represents the views of the writer only and not the views of Party Affairs. All Content on the Site may be changed and/or removed at Party Affairs’ sole discretion and without notice.
23.3. Party Affairs holds no responsibility or liability for any loss or damages that could occur, including damage to your software or hardware, arising from your use of or access to this Site, subject to clause 20.4.
23.4. Party Affairs does not warrant that functions contained in the Site Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Party Affairs’ or the server that makes it available, are free of viruses or bugs.
23.5. Liability of Party Affairs, for any breach of a term or condition implied by law, or any statutory guarantee, is limited at Party Affairs’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
23.6. You indemnify Party Affairs and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
24.0 Force Majeur
Without limiting the foregoing, Party Affairs shall not have any liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of the Company affecting production or delivery in any manner.
25.0 Third Party Content & Links
This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that Content.
This Site may include links to third party sites which are not related to Party Affairs and in relation to which we have no control or interest. The appearance of those links on this Site does not indicate any relationship between us and that third party, its site or the products or services which it is advertising on this Site.
26.0 Contributing Content
26.1.The Advertiser will provide all materials for the advertisement (including GIF files), in accordance with Party Affairs policies in effect from time to time, including (without limitation)the manner of transmission to Party Affairs and the time prior to publication of the advertisement.
26.1.a. Party Affairs reserves the right to reject or cancel any advertisement, campaign,space reservation or position commitment at any time. Acceptance of any advertisement (including any URL link contained or embedded in any advertisement) shall not be deemed to be an acknowledgment by the Company that the Advertiser has complied with any or all relevant laws, regulations or industry codes.
26.1.b. In addition, the Company shall have the absolute right to reject any URL link embodied within any advertisement.
26.1.c. When you submit content to in any format, including any text, photographs, graphics, video or audio, you grant Party Affairs and each of its related bodies corporate a non-exclusive, royalty-free, perpetual licence to publish or otherwise use that Content inany way, at any time.
26.2. Party Affairs reserves the right not to use or reject the content you submit and shall not be required to publish any advertisement that is not received in accordance with its policies.
26.3. You warrant that you have all of the necessary rights, including copyright, in the Content youcontribute, that your Content is not defamatory and that it does not infringe any law.
26.4. You indemnify us against any and all legal fees, damages and other expenses that may be incurred by Party Affairs as a result of a breach of the above warranty.
Party Affairs will not be liable for any form of damage, loss, costs, injury or harm sustained by the Advertiser or any other party in consequence of or resulting directly or indirectly out of any delay or error in, or omission, cancellation, publication or transmission of, any advertisement.
26.5. Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.
27.0 Advertiser Warranties
In no event shall the Party Affairs be responsible for any consequential or special damages, lost profits or any other damages arising from any failure to publish any advertisement timely or otherwise in accordance with the Campaign Summary.
Without limiting the foregoing, Party Affairs shall not have any liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of the Company, which affects production or delivery in any manner.
The Advertiser warrants to Party Affairs that no material, statement or matter contained in the advertisement and/or any material of the Advertiser to which users can link through the advertisement constitutes a violation of any copyright, trademark or breach of confidence and contains nothing libellous or in contempt of any court, tribunal or royal commission, and that it has the right to publish the advertisement without infringing any other rights of any party.
Except as otherwise provided in any supplementary agreement, once agreement is reached, the advertisement is non-cancellable by the Advertiser and no payments are refundable.
29.0 Social Media Measurement
Premium category account holders are able to request social media measurement reports. This will be supplied on a half yearly and yearly basis upon request.
These Terms & Conditions:
30.1 Shall be governed by and interpreted in accordance with the laws of New South Wales (and each part submits to the non-exclusive jurisdiction of the courts of New South Wales);
30.2 May be amended only by written agreement executed by an authorised representative of each party
30.3 Constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties.
31.1 Unfortunately we do not provide refunds for change of mind. We are happy to exchange in the event products are damaged or defected.
31.2 We aim to ship out products within 24 hours of receiving the order, apart from the weekend and public holidays.
31.3 For metro areas, we aim for you to receive your package within 1-2 business days. For other areas, 3-5 business days.
31.4 We have a 30 day policy for a refund or exchange on products. Products must be kept in original packaging.
Any notice to be served to the Company under this agreement must be served personally by email to the Company at:
The Trustee Party Affair Unit Trust