ADVERTISERS TERMS OF USE

Definitions
1.In these terms and conditions words have the following meaning unless the context otherwise indicates:
2.“Advertiser” or “You” means a person, firm, company, entity, association, authority, organisation or agency that advertises on the Site.

“Agreement” means these Advertising Terms of Use.

“Applicable Law” means any law, legislation, regulation, by-law, ordinance or code of conduct which applies to the Advertiser.

“Claims” means all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute, arising out of any matter referred to in this Agreement or any transaction contemplated therein, other than actions to enforce this Agreement.

“Us, our, we” refers to ShopWhere (ABN 78 482 305 689).

“Newsletter” means any periodical newsletter that we issue from time to time.

“Site” means materials delivered on www.shopwhere.com.au and other co-branded versions of the Site.

“User” means any person accessing the Site for any reason whatsoever.

“Website Terms of Use” means the terms and conditions applicable to the use of the Site by all Users.

Interpretation
1.The following rules of interpretation apply unless the context requires otherwise:

a) Any reference to a party to this document includes a reference to his, her, or its, executors, administrators, successors and permitted assigns;

b) A reference to an Act of Parliament, code or law or section of schedule of that Act, Code or Law will be read as if the words “and any statutory modification or re-enactment of it or substitution for it” were added to the reference and includes all statutory instruments issued from time to time under that Act, Code or Law, and;

c) References to any document, agreement or other instrument include references to such document, agreement or instrument as amended, novated, supplemented, varied or replaced from time to time except to the extent prohibited by this Agreement.
Terms of Use
1.These terms and conditions (Advertising Terms of Use) govern all use of the Site or a Newsletter for advertisements, including these pages:
All ShopWhere website pages
All Advertisements on the ShopWhere website

These Advertising Terms of Use are to be read and construed in conjunction with the Website Terms of Use and Privacy Policy.
2.The Advertising Terms of Use may be changed at any time, without warning or notification by ShopWhere, by updating this document and posting the amended terms on the Site.
3.If You do not agree with the Advertising Terms of Use, do not advertise on this Site. By using this Site You accept the Advertising Terms of Use and agree to be entirely bound by this Agreement.

Advertiser’s Obligations
1.By using this Site You agree to comply with each duty and obligation imposed or undertaken upon You pursuant to this Agreement including the observation of and compliance with the following terms of use:

a) Advertisers must not use the Site in a manner that is illegal or unlawful, including posting any form of material (including advertisements and communications) on the Site that is by its nature, illegal or unlawful, offensive, harmful, incomplete, false, misleading, deceptive or likely to mislead or deceive Users;

b) Advertisers shall observe and comply with all Applicable Laws including, without limitation, the Australian Human Rights Commission Act 1986 (Cth), child protection legislation, anti-discrimination legislation, workplace health and safety legislation and equal opportunity legislation applicable in the relevant State and Territory in which the Advertiser conducts business. Where an exemption to comply with any Applicable Law has been granted, the Advertiser must include the exemption number with respect to the relevant legislation in the advertisement submitted for posting on the Site, and;

c) Advertisers shall not post advertisements or any other material on the Site that breaches the intellectual property rights of any business or person(s).

Reservation of Rights
1.ShopWhere reserves the right to:

a) amend any advertisement posted on the Site at our discretion, to comply with the Applicable Law, for database search and classification purposes, or for any other reason that we think fit;

b) remove any advertisements, at ShopWhere’s absolute discretion, that are in breach of the Advertising Terms of Use or Applicable Law, or;

c) take necessary action, including the reporting of illegal or unlawful material posted (including advertisements and communications) by Advertisers to the relevant authorities.

Venue Only
1.This Site is a venue only and with respect to advertisements pages, acts as a communications platform for enabling the connection between businesses and their potential customers.
2.We do not monitor or guarantee the success of any advertisement posted to this Site. Advertisers are solely responsible for the form, content and accuracy of all ads.
3.Advertisers accept full responsibility for satisfying themselves on the suitability of their advertisement.

Indemnity
1.Advertisers indemnify and will keep indemnified Us, our officers, employees and agents (Those Indemnified) against all Claims, liabilities, actual or contingent costs, damages and expenses incurred by Those Indemnified in connection with:

a) any breach of this Agreement or any negligent act or omission by the Advertiser;

b) the listing or proposed listing of any advertisement by an Advertiser on the Site, or;

c) an actual or alleged breach by the Advertiser of any Applicable Law which occurs as a consequence of the Advertiser’s advertisement appearing on the Site.

Non-Refundable
When a campaign ad is created and then selected to Go-Live by remitting payment, an advertiser can modify the ad text, images, video, and whether or not it is active during the selected term. Advertisements are non-refundable.

Miscellaneous Provisions
1.Advertisers may not assign or transfer any right or obligations pursuant to this Agreement to any other person or entity without our prior written consent (which shall not be unreasonably held).
2.If any part of this Agreement is void or invalid that part shall be severed from the Agreement and the remainder of this Agreement shall continue to be in full force and effect.
3.This Agreement shall be governed in accordance with the laws of the state of New South Wales, Australia and Users hereby submit to the non-exclusive jurisdiction of the Courts of that state.
4.Termination of this Agreement will not end those provisions that are capable of surviving the termination of this Agreement.

Privacy Policy For Advertisers and Website Visitors

This following document sets forth the Privacy Policy for the ShopWhere website, www.shopwhere.com.au.

ShopWhere is committed to providing you with the best possible customer service experience. ShopWhere is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information
There are many aspects of the site which can be viewed without providing personal information, however, for access to ShopWhere advertising and newsletter features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.

Sharing of your personal information
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries or processing transactions. Those companies will be permitted to obtain only the personal information they need to deliver the service. ShopWhere takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Changes to this Privacy Policy
ShopWhere reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.

Accessing Your Personal Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. ShopWhere reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

Contacting us
ShopWhere welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us by any of the following means during business hours Monday to Friday.

Call: (02) 8006 4517

Post: Attn: Privacy Policy,
ShopWhere,
Unit 21, 54-56 Beach Road,
Bondi Beach, New South Wales, 2026,
AUSTRALIA

E-mail: australia@shopwhere.com.au