Clarence Valley Directory

Listing Agreement

Welcome to the Clarence Valley Directory.

The Clarence Valley Directory aims to increase customer enquiries for businesses and job opportunities for the people in the Clarence Valley and the surrounding region. 

This Business Directory Listing Agreement (“Agreement”) is between you, (the “Business”) and Clarence Valley Directory ABN: 766 393 785 64, (the “Directory”, “Website” or “Site”)  and contains the terms and conditions of listing your business with the Clarence Valley Directory (CVD).

Please read this Agreement carefully as it is a legally binding document.

By proceeding with the listing process outlined in this Agreement, you agree to be bound by the terms and conditions contained in this Agreement.

These Terms and Conditions may change at any time. We will make every effort to inform you when these Terms and Conditions are updated or amended.

Please contact Sally Power on [email protected] if you have any questions about this Agreement.

 

Terms and Conditions

1.       Directory categories

1.1  Clarence Valley Directory offers the following business listing categories:

●    Local Business

●    Community

●    Events

●    Jobs

●    Accommodation

 

2.       Application for listing

Online listing application form

2.1        All listing applications on Clarence Valley Directory are submitted online via the Site or email submissions for any feature products.

Listing requirements

2.2        You will be required to create an account and unique password to access the Directory Listing Portal by providing the following information:

a.  Name

b.  Email address

c.   Postal address

Listing content requirements

●    You will be required to provide listing content according to the designated mandatory or optional fields of the category you have selected for your listing type.

Consent

2.3        You consent to this information provided to be used in all or part in your listing on the Website.

Listing Approval

Acceptance of listing

2.4        Your listing application, including listing content, will be reviewed by CVD and acceptance of your listing will be confirmed in writing within 10 business days.

2.5        You are required to confirm that you are the authorised representative of the business you are listing on the Clarence Valley Directory.

2.6        You are required to accept these Terms and Conditions and Privacy Policy[1]  as a condition of acceptance of your business listing.

Approval of changes

2.7        Clarence Valley Directory reserves the right to refuse approval to changes to your listing if we deem your listing unsuitable for the use of the Site.

2.8        Where a change to a listing is deemed unsuitable, you will be notified and requested to amend the listing with suggested changes.

2.9        Where suggested changes are not implemented your listing will be removed, and you will not be entitled to any refund of any listing fees whatsoever.

Password security

2.10      You must ensure the security and confidentiality of your registration details, including any username and password.

2.11     You must not allow any other person to use your password.

2.12     You must notify us immediately if you become aware of any unauthorised use of your registered details.

2.13     Information you provide is managed according to our Privacy Policy.

2.14     Any changes to listing details are via the Directory Listing Portal.

Community Listings – FREE

2.15      Clarence Valley Directory offers free listings to Not For Profit  and community-based organisations in the following categories:

●      community groups

●      government departments

●      sports clubs

●      charities

●      schools: and

●      service clubs

2.16      To obtain a free listing, the organisation must provide the following proof of their not-for-profit status including:

2.17      the organisation’s name & address

2.18      the organisation’s entity type (e.g. charity, public benevolent institution, health promotion charity)

2.19      any tax concession/endorsement documentation (upon request)

2.20      the date of effect for each endorsement. (upon request)

3.       Listing options

3.1        Clarence Valley Directory offers the following listing options:

●   Free Listing – Until 30th June 2021

●    Profile Lite – PAID –  $99

●    Profile Plus – PAID – $149 (includes Facebook, Vimeo and YouTube links)

Paid add ons

3.2        In addition to the above listing options business may purchase the following services to boost their listing reach to which separate terms may apply:

·     Featured Ad

·     Promoted Listing

·     Any other features we create over time.

Promotional offers

3.3        From time to time, Clarence Valley Directory will run promotional offers to which these Terms and Conditions apply.

4.          Consumer reviews

4.1        Any person or business may post a rating and review your business listing.

4.2        Clarence Valley Directory vets all reviews before publication.

4.3        Honest reviews, including negative customer experience, will be published.

4.4        Anonymous or unverified or fake reviews will not be published.

5.          Socials

5.1        Clarence Valley Directory may access your content through social media, and you authorise us to collect, store and use that information and content under our Privacy Policy.

5.2        We may access content or information you shared on social media with us, such as your name, age, date of birth, gender, profile picture, email address, followers or friends lists or comments.

6.          PAYMENT

6.1        All payments are via credit card (Stripe)  and PayPal via the Website.

6.2        Listing fees are exclusive of GST.

6.3        Clarence Valley Directory will create your listing only when full payment is received, and your listing approved.

6.4        Your listing upload may take up to 10 business days.

6.5        Clarence Valley Directory reserves the right to increase our listing fees, and we will notify you by email of fee increases.

Renewal

6.6        You will be contacted one month before the expiration of your listing period with an offer for renewal for the next listing period.

6.7        If at renewal your account is overdue, we have the right to take your listing offline until we have received all outstanding fees.

6.8        Where a listing application is rejected for any reason whatsoever a refund will be provided to the method used for the submission.

7.       YOUR LISTING CONTENT

Proprietary rights

7.1        Where you submit any content of any type, including text or images, for listing to our Site you undertake that you have the right to do so.

7.2        To the extent that your listings and other submissions may contain trademarks, you warrant that they have the right to use them, including sublicensing rights.

7.3        You authorise Clarence Valley Directory to reproduce, display and disseminate all or part of the content you submit to the Site, including but not limited to any information, images, graphics, videos, audio, comments or submissions, to perform this Agreement and promote the Website and Directory.

7.4        You give Clarence Valley Directory full permission to post any images or graphics to their social media accounts crediting your business.

7.5        Clarence Valley Directory may also provide such content to its third-party service providers for the same purpose. 

7.6        You acknowledge and agree that you are responsible for the accuracy content provided to us that represents your listing, maintenance and updating all listings posted.

7.7        Accordingly, you represent and warrant that any listing information provided by you will

a.          not breach any agreements you have entered into with any third parties,

b.          comply with all applicable laws, tax requirements, and rules and regulations that may apply to your business (including having all required permits, licenses and registrations),

c.           not conflict with the rights of third parties.

7.8        Clarence Valley Directory assumes no responsibility for your compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations.

7.9        Clarence Valley Directory may,  without notice, remove or disable any listing for any reason, including listings that Clarence Valley Directory, in its sole discretion, considers being objectionable for any reason, in violation of these terms and conditions, or otherwise harmful to the Site or services, but shall not be liable for any consequences due to its failure to remove such access.

8.       DISCLAIMER

8.1        Clarence Valley Directory is a listing directory and serves only as the facilitator of connection between the listed business and the potential customer or client, through its role as an advertising and marketing platform.

8.2        You understand and agree that the Clarence Valley Directory does not act as your agent.

8.3        Any booking of any service requested or made using the Site or services must not and cannot be construed as the creation of a contract between Clarence Valley Directory and your business.

8.4        Regulating the use of services in an agreement with the client remains your responsibility.

8.5        The Clarence Valley Directory shall not be a party to any relationship or dealing with you and the event organiser or your client or customer arising out of the use of the Site.

8.6        Clarence Valley Directory holds no responsibility if any legal situations, issues, or dispute, that may arise between you and the event organiser or your client, resulting from accessing your services through the Clarence Valley website.

8.7        Clarence Valley Directory makes no representation or warranty as to the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any services you provide.

Earnings Disclaimer

8.8        By submitting content to Clarence Valley Directory to use on the Site, you will not seek royalties, commissions, or financial profits.

8.9        You understand that by listing your business on www.clarencevalleydirectory.com.au, you are not guaranteed sales, bookings, increased profit, business growth or any financial gain or income whatsoever.

8.10     Clarence Valley Directory holds no responsibility for loss of business, damage to reputation or financial issues resulting from your listing on the Site, and you take full responsibility if such circumstances were to arise.

9.          TERMINATION

9.1        Clarence Valley Directory may terminate your listing and remove your listing from the Site at any time without prior warning if Clarence Valley Directory feels that your listing is no longer fit for the Site or if you are in breach of this Agreement.

9.2        At all times, the Clarence Valley Directory will attempt cordial resolution and communication. However, Clarence Valley Directory is not obliged to provide you with reasons for terminating your Directory listing.

9.3        If you owe any money to Clarence Valley Directory at the date of termination, you are liable for these amounts, and you are to settle your debt within seven days of termination.

9.4        If your listing is terminated because you breached this Agreement or any assurance requested from you at the time of listing, you agree you will not be entitled to a refund of any amounts paid in respect of the listing.

9.5        If you cancel your Listing with Clarence Valley Directory, you will not be entitled to a refund of any amounts paid in respect of the listing.

Cancellation Process

9.6        You may withdraw your listing at any time by following our cancellation process providing notification of cancellation to Clarence Valley Directory on [email protected] 

9.7        Your listing will be removed from the Site; however, any outstanding payments will require payment in full within seven days of notice of cancellation.

10.       INTELLECTUAL PROPERTY

10.1     Clarence Valley Directory owns all intellectual property rights in the Website and the Directory, including information, graphics, design and software, except where the Business Directory has provided its intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website.

10.2     You must obtain the permission from the owner of any intellectual property in any third-party material incorporated into a Listing before submission of the listing.

10.3     You grant Clarence Valley Directory a world-wide, royalty-free, irrevocable licence to publish and to sub-license the publication of, all material submitted to Clarence Valley Directory as part of a listing in any form or medium, including print, online or otherwise.

10.4     You warrant that you are authorised to grant the licence in this clause 6.3.

11.       INDEMNIFICATION 

11.1     The business agrees  to defend, indemnify and hold harmless Clarence Valley Directory, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties, brought against Clarence Valley Directory alleging or arising out of or in connection from:

a.   any content or material the business submits or provides for inclusion on the Site;

b.   any use by the Business Directory of the Site;

c.    any breach of this Agreement on the part of the business  

12.       LIMITATION OF LIABILITY

12.1     If Clarence Valley Directory breaches this Agreement, its total liability will be limited to the amount paid by the Business to Clarence Valley Directory in connection with the publication of the listing on the Site. 

12.2     Clarence Valley Directory accepts no liability whatsoever relating to the content of your listing on the Site, your business or property or your dealings with any customers or clients or prospective customers or clients.  

12.3     Clarence Valley Directory will not be liable for any loss or damage caused by or attributed to any person(s) that engages a service offered by your business in response to a listing on the Site. 

12.4     To the extent permitted by law, we exclude all conditions and warranties relating to the Site.

12.5     In particular, Clarence Valley Directory does not make any representations or warranties that the Website will be uninterrupted or error-free.

12.6     Clarence Valley Directory makes no representation or warranty about the success of the Website or likely success of listing of your business on the Website.

12.7     To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, it will be limited, at our option, to the re-supply of services or the payment of the cost of having them re-supplied.

13.       PRIVACY

13.1       We value the privacy of all stakeholders and visitors to our Website.   Your personal information is managed according to our Privacy Policy which can be read in full.

14.       APPLICABLE LAW         

14.1     This Agreement is governed by laws of the State of New South Wales, and you submit to the exclusive jurisdiction of the courts in that State

By proceeding to apply to list your Business Directory profile with Clarence Valley Directory Listing Directory, you agree to be bound by the Terms and Conditions of this Agreement.

Thank you.

Clarence Valley Directory

 

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