Terms of Trade
1. Scope of these Terms of Trade
The seekingmedia.com.au website ("the website") is owned and operated by Seeking Media Pty Ltd of Level 8, 350 Collins Street Victoria Australia 3000 ("We, us, our").
These Terms of Trade apply to the use of the website by the customer ("You") and to the supply of Licensed Products (that is access to our media database on a one off basis or on a subscription basis) and supply of other products and services (including without limitation media release writing and editing services) by us to you. Use of Licensed Products is also subject to the terms and conditions set out in the Licence Agreement which you must accept at the time you place an Order for a Licensed Product.
By using the website or by submitting an Order for any of our products and services on this website, you indicate your acceptance of these Terms of Trade and in relation to the Licensed Products indicate your acceptance of the terms in the Licence Agreement.
We may amend these Terms of Trade at any time and will notify you of any changes on the website at least 7 days prior to the changes taking effect.
2. Fees
2.1 Method of Payment
Payment for products and services available on the website must be made immediately via a secure online payment system (unless you are otherwise notified). Upon placement of an Order, you will be directed to the online payment section of the website where you must confirm your Order and make payment by credit card or direct debit (if applicable). You must ensure that all of your credit card details are correct and all other required information is provided, otherwise your Order may be refused. Once you submit your Order and make your payment, a tax invoice will be automatically generated and sent to you via e-mail.
If we do not require immediate payment for a certain product or service (for example some subscriptions) we will send you a tax invoice. You must pay the amount specified in the invoice for all or part of a Fee for any of our products and services, including Licensed Products, within the time specified on the invoice.
2.2 Security
Seekingmedia.com.au facilitates secure electronic credit card payments using the eWay gateway service, which is supported by all Australian banks. For transaction security, all payments through the eWay gateway service provide 128 bit SSL encryption. Seekingmedia.com.au does not store customer credit details.
2.3 Changing Fees
We reserve the right to change our Fees for our products and services (excluding subscription products) at any time with no prior notice to you. In relation to subscription products, we reserve the right to change the fees and method of charging for any subscription product at any time prior to renewal of the subscription but any such change to the fee or method of charging will take effect only upon renewal of the relevant subscription. Please refer to the License Agreement for further information on subscription products.
2.4 GST
All amounts payable by you to us will be expressed as GST exclusive and you agree to pay GST in accordance with A New Tax System (Goods and Services Tax) Act 1999 in addition to all amounts paid to us, provided we give you a valid tax invoice.
2.5 Failure to Pay Fees
If you do not pay your invoice by the time stipulated on the invoice or default on any direct debit or credit card payment, we may submit your account to a collection agency. If we do, you agree that we may recover the outstanding amount specified in the invoice, including interest, our legal costs, bank fees and charges and other expenses incurred in attempting to recover the debt and any fees and commissions or other amount we pay to any collection agency to act on our behalf.
3. Acceptance of Order and Credit Checks
3.1 Refusal of Order
We may refuse to fulfil an Order at any time, without the need to give reasons.
3.2 Credit Checks
By electing to enter into a subscription to a Licensed Product and seeking credit terms or to pay in instalments, you authorise us to conduct any credit checks on you from third parties as we may require prior to accepting your application for a subscription. You authorise us to make enquiries and to use, exchange or disclose information which is disclosed on your Order or is obtained by us from any other source from or to any other credit provider or credit reporting agency:
a. Concerning your credit worthiness;
b. For the purpose of providing or obtaining a reference
4. No refunds or credits
We do not offer refunds or issue credits for the cancellation of any products and services.
5. Change of details
Any change to your details including your name, company details and address must be notified to us in writing within 14 days of the date of any change.
6. Provision of information
In relation to some of our services including without limitation media release writing or editing, we will require you to provide us with all information we request at the time of placing your Order so that we may provide the service. We will take every care to ensure that your needs are met but will not be responsible for any deficiencies in information given to us by you or anyone acting on your behalf which causes our service to you to be compromised in any way. We reserve the right to refuse to undertake a service in relation to information or material provided by you, which we believe to be contrary to law or statute, offensive or otherwise inappropriate. We will not enter into any further correspondence with you if we decide in our discretion to refuse to undertake a service.
7. Intellectual Property
Except as expressly permitted by these Terms of Trade or the Licence Agreement, no portion or element of the website or any Licensed Product may be copied or retransmitted via any means. The website, its content and all related intellectual property rights including all registered or unregistered trade marks, designs, patents and copyright remain our exclusive property, or that of our licensors or other content providers.
8. No Warranties & Limitation of Liability
8.1 No Warranties
We make no express warranties under these Terms of Trade, including without limitation any warranty that:
a. Any licensed product will be complete or free from all errors; or
b. Information will continue to be available to us to enable us to keep the Licensed Product up to date.
8.2 Exclusion of Liability
To the maximum extent permitted by law, we exclude, for ourselves and for any supplier of software incorporated in any Licensed Product or the website, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by you directly or indirectly (including without limitation lost costs, profits and data) arising out of:
a. Your use or misuse of any Licensed Product, the website or other product or service provided by us to you
b. Your inability to use or obtain access to the website or any Licensed Product;
c. Our negligence or the negligence of our employees, contractors or agents, or any supplier of software incorporated in a Licensed Product or this website, in connection with the performance of our obligations under these Terms of Trade.
8.3 Limitation of Liability
If we breach any express provision of these Terms of Trade, the Licence Agreement or a condition or warranty implied under any law which cannot be lawfully modified or excluded by these Terms of Trade, then our liability to you will to the extent permitted by law, be limited at our option to supplying the Licensed Products or other Products and Services, whichever is applicable, again or paying for their resupply. Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
9. Governing Law
These Terms of Trade are governed by the laws in force in the State of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of Victoria.
10. Privacy
The information you provide on the website or any Order is collected by Seeking Media Pty Ltd for the purposes of processing your order, registration as a member or enquiry. We may also use the information to keep you informed of any new products or services or upcoming special offers. The information may be provided to our staff, agents, contractors and related bodies corporate for these purposes. The provision of this information by you is voluntary but if you do not provide some or all of the requested information we may be unable to properly process your registration, order or enquiry. You have got the right of access to the personal information we hold about you and to ask us to correct it if it is inaccurate or out of date. You may direct any queries in relation to our privacy policy to The Privacy Officer, Seeking Media Pty Ltd at Level 8, 350 Collins Street Melbourne Victoria Australia 3000.
