ABN: 73804933835
1. Terms and Conditions
a. Hipoint Directories owns and operates the website and content located at www.hipointdirectories.com.au and also printed directories used by various venues across Australia.
b. These terms and conditions apply to any publications of any advertising material supplied for a directory listing or printed publications submitted by any person or entity for publication on the Website or printed material,
c. By Approving your advertisement on Hipoint Directories website or printed material and completing / providing appropriate payment authority, you agree to be bound by these Terms and Conditions.
d. You are entitled to a 10 day “cooling off” period commencing on the date on which your signed agreement. You must notify us in writing within this period if you no longer wish to advertise your goods or services with Hipoint Directories.
e. 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 change. Please read these Terms and Conditions regularly. The Terms and Conditions are located at: www.hipointdirectories.com.au
2. Payment and Terms
a. The advertising fees payable to Hipoint Directories pursuant to these Terms and Conditions are the quoted rates advised to you. Advertising Fees are inclusive of GST.
b. You agree to place a Directory Listing with Hipoint Directories on the Website and/or printed publications for a 12 month period regardless of payment terms extended. By committing to Hipoint directory advertising you commit to the full 12 months advertising fees.
c. Hipoint Directories will provide you with a tax invoice for the advertising fees plus applicable GST when an advertising package is agreed upon. You must pay the first payments (subject to payment term agreed) before your advertising goes online or printed. If more than one payment is required during the initial term, all future payments must be secured with a valid credit card or direct debit.
e. If your account is overdue we have the right to take your ad offline until we have received all outstanding moneys.
h. If you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over you or any of your assets or if you resolve to wind up
• your company, then Hipoint Directories may take proceedings against you to recover any overdue amount and its discretion.
• recover from you all costs in relation to any action taken against you by Hipoint Directories to recover overdue amounts, including without limitation, debt collection costs and legal costs on a full indemnity basis; and/or exercise any other rights available to Hipoint Directories by law.
3. Termination by Hipoint Directories
a. Hipoint Directories may terminate your Directory Listing and remove your Directory Listing from the Website at any time during and for any reason. Hipoint Directories is not obliged to provide you with reasons for terminating your Directory Listing.
b. If Hipoint Directories terminates your Directory Listing during the Initial Term and you have paid the advertising fees upfront and are otherwise not in breach of these Terms and Conditions, Hipoint Directories will refund you a pro rata portion of the advertising fees applicable to the unused part of the Initial Term.
c. If Hipoint Directories terminates your Directory Listing, and you pay the advertising fees by credit card, Hipoint Directories will cancel your credit card arrangements provided you are up to date with payment of all advertising fees. If there are any amounts owing to Hipoint Directories at the date of termination, you authorise Hipoint Directories to charge all overdue amounts from your credit card.
d. If Hipoint Directories removes your Directory Listing from the Website pursuant to clause 5.f of these Terms and Conditions, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing.
4. Cancelation or Website Changes by the Supplier
a. If you cancel your Directory Listing with Highpoint Directories during the Initial Term and you have paid the advertising fees upfront, you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term.
b. Hipoint Directories allows the advertiser to require changes to their website advertising 3 times during the 12 month period,
5. Acceptance of material
a. Hipoint Directories is under no obligation to accept a Directory Listing (or any part of a Directory Listing) for publication on the Website and is under no obligation to provide reasons for such refusal.
b. Hipoint Directories reserves the right at any time, at its sole discretion, to:
• reject or cancel all or part of a Directory Listing; or
• remove all or part of a Directory Listing from the Website.
c. In addition, Hipoint Directories shall have the absolute right, without providing any reason, to reject any URL link embodied within the Directory Listing.
d. Images supplied to Hipoint Directories for publication on the Website or printed publications may be published on different pages within the Website or printed material to be determined in Hipoint Directories sole discretion. By submitting images to Hipoint Directories, you agree that Hipoint directories may use your images anywhere within the Website or printed publications.
e. You agree that Hipoint Directories may source images for your Directory Listing or publication directly from your website, if the images supplied by you are not suitable and you warrant that Hipoint Directories is entitled to do so without infringing any intellectual property rights. Such material will be deemed to be submitted or supplied by you for the purpose of these Terms and Conditions.
f. If Hipoint Directories receives complaints from visitors to the Website or Publication in relation to a Supplier Directory Listing or Publication Hipoint Directories may without notice to the Supplier remove the relevant Supplier’s Directory Listing (or the offending part) from the Website
or Publication immediately, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing or Publication.
g. Hipoint Directories reserves the right to amend, move or reposition your website Directory Listing or change your publication position at any time. Hipoint Directories will use its reasonable endeavours to give you advance notice of any material changes that it makes to the Website or publication.
h. You agree that you must pay all advertising fees even where:
• your Directory Listing (or part of it) is not published due to a breach of these Terms and Conditions by you;
• your Directory Listing (or any part of it) is not published due to your failure to provide sufficient artwork or instructions;
• the format or placement of the Directory Listing has been varied by Hipoint Directories; or
• you believe your Directory Listing or Publication advertising has not resulted in enquiries being converted into sales.
6. Intellectual property
a. Hipoint Directories owns all intellectual property rights in the Website and the Directory Listing, including information, graphics, design and software, except where the Supplier has provided its own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website and/or Printed Publication.
b. You must obtain the permission from the owner of any intellectual property in any third party material incorporated into a Directory Listing prior to submission of the Directory Listing and/or printed publication.
c. You grant Hipoint Directories a world-wide, royalty free, irrevocable licence to publish, and to sub-licence the publication of, all material submitted to Hipoint Directorie as part of the Directory Listing in any form or medium, including print, online or otherwise. You warrant that you are authorised to grant the licence in this clause 6b.
7. Privacy and personal information
Suppliers must comply with their own privacy policies and with all applicable privacy laws in the collection and use of individuals’ personal information collected as a result of an enquiry made to a Supplier through the Website or Printed Material.
9. Warranties and liability
a. You warrant that all material submitted by you for publication on the Website and/or Printed Publications will not:
• contravene any relevant laws, including, without limitation, the Competition and Consumer Act , any state-based Fair Trading Act, Privacy Act, or any regulations made under those Acts (including relevant industry regulations, standards of practice or codes of conduct), any equivalent legislation or any common law in Australia.
• breach or infringe the intellectual property rights of any person;
• be obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
• contain a photograph or representation of a living person unless that person has consented;
• comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
• be misleading or deceptive or likely to mislead or deceive;
• if you are promoting a competition or trade promotion, breach the relevant provisions of the Competition and Consumer Act or other Federal or State legislation relation to competitions or trade promotions, or any equivalent legislation in Australia, and you further warrant that you have obtained all relevant permits; or
• comprise anything which may adversely reflect on Hipoint Directories the Website or Printed Publications.
b. Subject to clause 9e, Hipoint Directories will be under no liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of:
• goods or services supplied pursuant to these Terms and Conditions;
• any failure or omission on the part of Hipoint Directories to comply with its obligations under these Terms and Conditions;
• any negligent act or omission of Hipoint Directories.
• the provision by the Supplier to Hipoint Directories of incorrect contact details.
• any web traffic pop-ups which appear on the Website.
c. Hipoint directories expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of profits, loss of revenue, loss of income, loss of use, loss of business opportunity, loss of production, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with the interruption of the Supplier’s business, howsoever caused.
d. Hipoint Directories makes no representation or warranty in relation to the number of enquiries provided to the supplier. Hipoint Directories makes no warranty or representation in relation to future visitor numbers to the Website or use of printed publications and any projections provided by Hipoint Directories are estimates only. Hipoint Directories does not warrant or represent that:
• the Website will be accessible at all times,
• the Website is free from viruses; or
• any information (including hyperlinks) contained on the Website is accurate or suitable.
e. To the extent that any warranties or guarantees implied by law are not capable of being excluded or modified, the total liability of Hipoint Directories, its employees, servants and agents for breach of such warranties or guarantees is limited to one or the other of the following at the option of Hipoint Directories: if the breach relates to goods:
• the replacement of the goods supplied or the supply of equivalent goods; or
• the payment of the cost of replacing the goods or of acquiring equivalent goods;
if the breach relates to services:
• the supplying of the services again; or
• the payment of the cost of having the services supplied again.
10. Indemnity
The Supplier releases, indemnifies and will keep indemnified Hipoint Directories, its employees, servants and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against Hipoint Directories arising out of:
• a breach of these Terms and Conditions by the Supplier;
• a breach of warranty contained in clause 9a;
• any wilful, unlawful or negligent act or omission of the Supplier;
• the publication by Hipoint Directories or any other person of any material supplied by the Supplier; and
• breach by the Supplier of any laws or legal obligations, including the Competition and Consumer Act, any state-based Fair Trading legislation and any equivalent legislation in Australia.
11. Consumer reviews
a. Hipoint Directories incorporates a review system on the Website that allows consumers who use the Website to rate and/or review Suppliers’ online stores, products, goods and services and customer service. b. The Supplier agrees that: Hipoint Directories will at all times maintain editorial control over the reviews posted on the Website in respect of Supplier;
• the Supplier will not direct Hipoint Directories to delete or amend any review about a Supplier or a Supplier’s goods or services;
• the Supplier will not post its own reviews about the Supplier’s own goods or services on the Website; and
• Hipoint Directories is not responsible or liable to the Supplier or any third party for any loss or damage caused by such reviews.
12. General
a. These Terms and Conditions are governed by and construed in accordance with the laws of Australia and the parties irrevocably submit to the courts of or in that State (including the Federal Courts) and the courts that hear appeals from those courts.
b. If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.
c. The Supplier may not transfer or assign these Terms and Conditions without the prior written consent of Hipoint Directories, which consent may be withheld at the absolute discretion of Hipoint Directories and if granted, may be granted on such terms and conditions as Hipoint Directories deems fit.
d. Any notice required to be given under these Terms and Conditions must be in writing and given by post, facsimile, email or hand to Hipoint Directories or the Supplier at the contact details notified by one party to the other.
e. No waiver by Hipoint Directories of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by Hipoint Directories, its employees or agents (which but for this clause ought or might amount to a waiver of Hipoint Directories rights in respect of any such breach or default) does not operate as a waiver in any way of Hipoint Directories rights and powers in respect of such breach or default.
f. Neither party is liable for any delay or failure to perform its obligations (other than obligations to pay money) if such delay or failure is due to circumstances beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure or strike or lockout.
g. These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties.
Please Ensure
Here at Hipoint Directories we strive to be EASY to do business with and we assure you we will do our upmost to provide you with the best levels customer service reasonably possible, and will work with you to achieve the best possible out come for your business.