Terms & Conditions
Introduction
This Agreement between the advertiser ("You") and Geofeat Pty Ltd, ABN 66 122 598 038, the operator of www.geofeat.com, ("Geofeat") consists of these Terms and Conditions ("Terms and Conditions") regarding Your Business Listing(s) &/or Banner Placement(s) &/or Sponsored Link(s) (the "Subscription"). "You" refers to any entity identified in the Application Form submitted by the same or affiliated persons, and/or any agency acting on its (or their) behalf, that shall also be bound by the terms of this Agreement.
If You are an agency, You also represent and warrant that the entity on whose behalf You are acting has authorised You to enter into this Agreement and to assume the obligations under this Agreement on such entity's behalf and to represent such entity within the scope of this Agreement and the Subscription. You agree to be bound by the terms of this Agreement, including but not limited to paying Geofeat for services delivered pursuant to this Agreement.
Acceptance
By inserting a tick on the Terms and Conditions check box, and submitting Your application, You agree to these Terms and Conditions and agree to pay Geofeat the amount (in the currency indicated) for Your selected Subscription(s) and to receive updates, specials and offers via newsletter subscription.
Maintain Your Details
Standard and Multi-Product Listings, with a yearly Subscription fee, can be updated up to four (4) times per year. (Basic Entries may be updated once during the same period.) Additional updates may attract a fee, at the discretion of Geofeat.
Content Submissions
You shall represent and warrant to Geofeat that:
- You have the right and authority to enter into this Agreement and undertake the obligations herein;
- You own and have the right to use all artwork, text, photos, trademarks, strap lines/tag lines, business names and/or other materials that You provide to Geofeat;
- The content that You submit for the purpose of the Subscription shall not contravene any laws, statutes, regulations, any agreements which You have with any third party, or be obscene, indecent, defamatory, misleading or deceptive in nature;
- You agree to pay for all of Geofeat's legal fees and expenses, including its attorneys' fees, and shall pay any and all damages, penalties or fees awarded against Geofeat in favour of a third party arising from Your acts or omissions pursuant to this Agreement or a breach of Your representations, warranties or covenants by You.
Use
You agree that Your Subscription may be placed on:
- any website, application or other property owned or operated by Geofeat (a "Geofeat Property") &/or;
- any website, application or other property owned or operated by a third party (a "Partner") upon which Geofeat places the Subscription pursuant to a contractual agreement ("Partner Property").
You agree that content submitted under any Subscription belongs to Geofeat except for any trademarks, design, logos, or photos submitted by You. You grant Geofeat an indefinite free license to use, reproduce, modify and adapt the content of Your Subscription for the purpose of providing the Subscription, Partner Property, marketing material, marketing campaign provided or use by Geofeat.
Complementary Entries
On occasion, Geofeat may offer free entries for a limited time. The following conditions will apply:
- One complementary basic entry per registered business;
- A basic entry comprises: business name, logo, description, country, region, phone & url;
- Registration of interest does not guarantee acceptance;
- This offer may be withdrawn, and entries removed, without notice;
- Advertisers will receive updates, specials and offers via newsletter subscription;
- Offer is not to be used in conjunction with any other promotion.
In addition, You authorise Geofeat to extract your business logo from Your website url, and modify it to suit the logo dimensions of your advertisement. In the event that you do not have a business logo, another appropriate graphic will be used, at the discretion of Geofeat.
Link Your Website
Each Subscription entitles You to one appropriate URL to Your website. Geofeat reserves the right to link Geofeat to Your website.
Payment & Subscription Renewal
You agree to pay Geofeat the Price. The Price is subject to the Subscription that You have chosen. If You have not paid the Price within 14 business days subsequent to Your submission of the Advertising Booking Form, the price quoted may vary. Geofeat reserves the right to revise the Price for Your Subscription.
Cooling Off Period
You are entitled to a refund within the cooling off period of five (5) business days from the date of signing of Your Subscription. Geofeat will send You a refund request form to be completed, signed and returned. Once received, Geofeat will refund the Subscription fee (less AUD$20.00 administration fee) via direct deposit into a nominated bank account.
100% Risk Free Guarantee
Geofeat stands by its services and will guarantee that You will get results, or Geofeat will run Your Business Listing the following year for free.
Prohibited Uses
Geofeat strictly prohibits using any Geofeat Property, any Partner Property, or any third-party technology:
- to list contents, services, products or materials that are illegal in any state or country where Your Subscription is displayed;
- to engage in any other illegal or fraudulent business practice under the laws of any state or country where Your Subscription is displayed.
Termination/Cancellation
Unless otherwise agreed to in writing by the parties, You or Geofeat may terminate this Agreement at any time, for any reason, by providing the other party with prior written notice of 10 business days that may include notice sent via email. The Subscription may continue to run until such cancellation takes effect. Upon cancellation or termination or expiration of this Agreement for any reason:
- You shall remain liable for any amount due for the Subscription already delivered through to the date that such cancellation or termination takes effect;
- There is no refund for the price or any part thereof under the Subscription should You opt to terminate after the cooling off period and before the expiration of this Agreement;
- Geofeat reserves the right to retain or remove the content, or part of, provided by You when You subscribed to the Subscription;
- You may not resell, assign, or transfer the Subscription, and any such attempt may result in termination of this Agreement.
Confidentiality
Neither party will disclose Confidential Information of the other party to any third party without prior written consent except as provided herein, during the term of this Agreement and subsequent 2 years following the termination, expiration or cancellation of this Agreement.
"Confidential Information" excludes information:
- that has become publicly known through no breach by a party;
- rightfully received from a third party; or
- required to be disclosed by law or by a governmental authority.
Nothing in this Agreement shall prohibit or limit either party's use or disclosure of the Australian Taxation Office of any transaction contemplated by this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to it relating to such tax treatment or tax structure, except where confidentiality is necessary to comply with applicable Australian securities laws.
No Uptime and Delivery Guarantee
Geofeat makes no guarantee regarding the up time of the Geofeat website or the delivery time of Your Subscription on any Geofeat Property or any Partner Property.
Limited Warranty
Geofeat agrees to host Your Business Listing for a minimum of one year from the initial setup of Your Business Listing, provided that You have not terminated/cancelled Your service or in any way asked Geofeat to remove Your Business Listing, and that the other clauses in this Agreement are adhered to, and that Your product(s) and or services are still available for the general public. If Geofeat fails to host Your Business Listing for this one year period, You will be entitled to a pro-rata refund on the unused Subscription fee, based on the amount remaining to reach the one year period.
Limitation of Liability
Geofeat excludes all representations, warranties, and conditions of any kind whether express or implied, including without limitation with respect to the Subscription and other services, and expressly disclaims the warranties or conditions of non-infringement, merchantability and fitness for any particular purpose. Geofeat also excludes any negligence to You or anyone else in respect of any loss or damage, (including special, direct, indirect, punitive, consequential loss or damage such as loss of revenue, loss of reputation, unavailability of systems, inaccuracy of data or loss of data and other matters to that effect) arising from or in connection with the Subscription.
Geofeat is not liable under this Agreement for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other legal theory. All parties acknowledge that they have entered into this Agreement relying on the limitations of liability stated herein. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, and power failures.
Your Obligation to Indemnify
You agree to indemnify Geofeat, its directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") against all claims, demands, damages, cost, penalties, suits, loss, liabilities, expenses including damage awards, settlement amounts, and reasonable legal fees brought against any Indemnified Person(s), arising out of Your Subscription, Your website, and/or Your breach of any terms of this Agreement. You acknowledge and agree that each Partner, as defined herein, has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.
Miscellaneous
You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Geofeat in collecting unpaid amounts under this Agreement. The laws of Tasmania, Australia, shall govern this Agreement and in event of adjudication, it should be in Tasmania, Australia.
