Last updated: November 2015
Welcome to the What’s on in Wollongong site (the Site). These are our Terms & Conditions for use of the Site. These Terms & Conditions apply whenever you access the site, regardless of how you access the Site.
Use of this site
What’s on in Wollongong ABN 24 720 417 691 (WOIW) is the owner and operator of the Site. Users of the Site, including Advertisers and Members (Users or you) agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the Site (Terms & Conditions), which are subject to change at WOIW’s sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
The Site is made available for personal use only. You may not use the Site or the directory contained on the Site for any commercial purpose (other than for the adding to or correcting of information contained in the directory), in accordance with the Terms & Conditions, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from WOIW. Content (Content) refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the Site or directory.
Users will not:
- use the Site for any purpose or in any way which is contrary to the Terms & Conditions or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
- submit or otherwise link to the directory, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
- damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to WOIW or do anything that compromises the security and/or stability of the Site or the directory;
- use the Site in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or
- send automated queries of any kind to the Site or the directory without WOIW’s express written permission.
- to abide by the Terms & Conditions;
- to provide accurate, current and complete information at all times;
- to maintain the security of passwords and/or identification;
- to be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other mater iWOiW whether publicly posted or privately transmitted to and from the account;
- not to post or upload Content which contains hidden code or images which do not relate to or which alter the intended meaning of the original Content; and
- that WOIW has the right to suspend or terminate an Account and refuse any and all current or future use of the site or directory.
In signing up as a Business Owner you:
- agree that you are the registered business owner or authorised representative of the business being registered;
- agree that your business, like all businesses displayed on the Site are subject to receive ratings and reviews from Users;
- acknowledge that, to the extent permitted by law, WOIW is not liable for any Content that causes you or your business any loss or damage;
- acknowledge that WOIW reserves the right to include or exclude entry to, or remove a business from the Site and the directory; and
- understand that WOIW at its sole discretion will determine the utilisation of all keywords, categories, Content and other material used to describe or categorise a business listing for all purposes relating to the Site and the directory.
Except where stated otherwise, all intellectual property in relation to Content on this Site belongs to WOIW or its licensors, advertisers or affiliates, including but not limited to logos and trade marks. You obtain no interest in that intellectual property. All Content on the site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Content.
Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.
Other, non-WOIW trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
Liability & Indemnity
WOIW does not warrant the accuracy of the Content on the Site, including but not limited to any third party sites or resources. All Content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. Content represents the views of the writer only and not the views of WOIW. All Content on the Site may be changed and/or removed at WOIW’ sole discretion and without notice.
WOIW will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site. WOIW does not warrant that functions contained in the Site Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that WOIW or the server that makes it available, are free of viruses or bugs.
You indemnify WOIW and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Third Party Content & Links
This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that Content.
This Site may include links to third party sites which are not related to WOIW and in relation to which WOIW has no control or interest. The appearance of those links on this Site does not indicate any relationship between WOIW and that third party or any endorsement by WOIW of that third party, its site or the products or services which it is advertising on this Site.
When you submit Content to WOIW in any format, including any text, photographs, graphics,video or audio, you grant WOIW a non-exclusive, royalty-free, perpetual licence to publish or otherwise use that Content in any way, at any time.
WOIW reserves the right not to use the Content you submit.
You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law.
You indemnify WOIW against any and all legal fees, damages and other expenses that may be incurred by WOIW as a result of a breach of the above warranty.
Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Site.
30. These Terms & Condition shall be governed by and interpreted in accordance with the laws of New South Wales.
31. Any notice to be served to WOiW under this agreement must be served by registered
post: Attention: What’s on in Wollongong
PO Box 231 Corrimal NSW 2518
Phone: (02) 4244 5064
Email: [email protected]
Standard Business Listings Terms and Conditions
These terms and conditions are applicable to all business and event listings including advertising (paid or unpaid) provided by What’s on in Wollongong ABN 24 720 417 691 (referred to herein as ‘WOiW’).
Reference to “Event” refers to an event, activity or business promoted by WOiW. “Advertiser” refers to a party who has entered into an agreement with WOiW to advertise or promote their products/services with WOiW. “Sponsor” refers to a party that has entered into a contract or activity with WOiW to sponsor an event or other activity with WOiW.
- Acceptance of Terms
- Listing of an Event with WOiW (paid or unpaid) implies the Advertiser constitutes acceptance of the Terms & Conditions set out herein.
- These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on whatsoninwollongong.com.au, or otherwise issued by WOiW.
- WOiW in its sole discretion, may vary these terms and conditions any any time without notice.
- Changes to Terms and Conditions
- Modifications or revisions of the Terms and Conditions herein can be made any time by WOiW without any prior warning or notice.
- The changes will be effective as soon as they have been posted to the website.
- You should check the Terms and Conditions from time to time so you are aware of any changes to the site and services.
- Your continued use of WOiW after any modifications indicates you have accepted the new Terms and Conditions.
- Advertisers Website Content
- WOiW does not warrant the accuracy of any content in relation to the Advertisers, business or organisations represented on this site.
- WOiW will determine the utilisation of all keywords, categories and other material used to describe or categorise a business listing for all purposes relating to the Directory.
- WOiW may remove, revise or refuse to publish any Advertiser Material.
- The Advertiser is responsible for checking the accuracy of all information in relation to their representation on this site.
- The Advertiser is responsible for uploading and maintaining any and all relevant material (Advertiser Material) for use on the Website, in accordance with any requirements of WOiW including as to deadlines and delivery formats.
- WOiW reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to WOIW;
- WOiW accepts advertising in good faith.
- Individuals, WOiW, businesses and organisations participating on this website agree to comply with the Trade Practices Act 1974 and the Fair Trading Act.
- As a condition of use of this site, you warrant to WOiW that you will not use this site for any purpose that is unlawful, or prohibited by these terms, conditions and notices or in any matter which could damage, disable, overburden or impair this website.
- Advertising Product Terms & Condition
- All advertisers will be listed as per their registered company or trading name. In the interest of Fair Trading, if a registered name cannot be verified, then the business and/or organisation can still be listed on the website under the individual’s personal name only, without any additional words.
- As an advertiser with direct access to manage your content online, you agree not to use HTML code when entering content via WOiW web’s supplied content management services provided unless approved by WOiW in writing.
- Advertisers are not permitted to include hyperlinks or display website addresses within descriptive text. Hyperlinks to external websites may only be included in the appropriate fields within the provided content management service.
- Business names which are in themselves website addresses will not be eligible to receive exposure on the website unless approved by WOiW as a paid advertiser and the business does not represent a conflict of interest.
- WOiW reserves the right to refuse any advertiser on the website which may represent a conflict of interest with the purpose of commercial viability of the website. Such advertisers may include websites which are in themselves directories of events, products or services.
- By advertising your organisation or business on this site, you agree that WOiW will not be held liable for any inaccuracies, loss or damages to your business or organisation. WOiW will WOiWo not be liable for any unexpected computer downtime.
- All listings will appear in random order within the appropriate advertising level within the appropriate listing categories.
- Promoter’s Rights and Responsibilities
- WOiW does not guarantee event visitor numbers or the level of commercial activity at an Event or for any other activity.
- WOiW does not guarantee exclusivity of products or services.
- WOiW cannot be held liable for injury or death, property damage, economic loss or any other claims relating to an Advertiser or Sponsor not to an Event or other activity.
- Advertiser’s Rights & Responsibilities
- Advertisers forwarding promotional material to What’s on in Wollongong, including product and promotional images, press releases and product information, or give verbal approval to download images, agree to allow WOiW the right to use the supplied information within an Event promotion, all advertisements, commerciWOiW and online.
- All promotional material provided by the Advertiser must be forwarded to WOiW by the specified deadlines. If promotional material is not received by the advertising deadlines notified to the Advertiser , WOiW can reserve the right to include a basic advertisement or listing relating to an Advertiser.
- The Advertiser agrees to indemnify WOiW with respect to loss, damage or claims as a result of a breach of contract, claims associated with advertising a display or demonstration of products and selling goods or services that misrepresent or infringe upon intellectual property rights that may arise as a result of any act of the Advertiser and/or default or omission on the part of the Advertiser.
- When providing promotional material for use by WOiW the advertiser warrants that:
- It is owned by the Advertiser or the Advertiser has the rights to use and publish such promotional material;
- WOiW has the rights to use and publish such promotional material provided by the Advertiser;
- It does not breach the law or other’s rights to the use of the promotional material.
- Liability and Indemnity
- The Advertiser indemnifies WOiW against any successful claim by any third party against WOIW in respect of any matter arising from the operation, use, transfer of data or money to and from WOIW by the Advertiser.
- By lodging material including electronic material or data for publication or authorising or approving the publication of any material with WOIW, the Advertiser indemnifies WOIW and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and;
- Without limiting the generality of the above, Advertisers and or advertising agencies indemnify WOIW and its directors, employees and agents against any claims arising from:
- defamation, libel, slander of title;
- infringement of copyright;
- infringement of trade marks or names of publication titles;
- unfair competition;
- breach of trade practices, privacy or fair trading legislation; and
- violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.
- Advertiser indemnity
The Advertiser indemnifies WOIW for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.
- Intellectual Property
- All intellectual property in relation to material included on the Website belongs to WOIW or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
- Apart from fair dealing permitted by the Copyright Act 1968, WOIW grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
- Advertising Proposal with WOiW
An advertising proposal does not constitute an agreement between WOIW and the advertiser. All advertising proposals from WOiW expire within 14 days of the proposal being presented unless stated otherwise in writing. Should an advertising proposal include position availabilities these will expire within two (2) days of the proposal being presented unless stated otherwise in writing.
- Charges and Payments
- All Advertisers fees must be paid in full in Australian dollars.
- Paymemt for services are in advance unless otherwise agreed upon in writing by WOiW.
- Invoice payment terms are strictly 7 days.
- All pricing presented on this site is inclusive of GST unless otherwise stated.
- If the Advertiser fails to satisfy such payment within the required timeframe, WOiW may suspend and/or cancel that booking until such time as payment is received and may attract an administration fee for reinstatement of your service.
- Nothing prevents WOIW from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.
- If the Advertiser at anytime exceeds the companies payment terms and as a result is passed on for collection and or legal action WOIW may place a default against the advertiser with a credit reporting agency.
- Termination & Cancellation
- This contract may be terminated in the following ways:
- By WOiW if the Advertiser (being an individual) is declared bankrupt or any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency or if the Advertiser is a person then similar events occur which indicate bankruptcy.
- WOiW may without notice terminate this Contract and all its obligations to an Advertiser if the Advertiser fails to comply with any of its obligations to WOiW including, without limitation, the Advertiser’s obligations to make a payment to WOiW in cleared funds by the due date of payment.
- If the Advertiser wants to terminate their contract within the period of the term of the contract then the Advertiser must give two (2) weeks’ notice by telephone Monday – Friday (9am-5pm) AEST. The cancellation will be recorded and confirmed during the call.
- From termination, WOiW ceases to have any obligation to supply services to the Advertiser.
- The Advertiser acknowledges that a cancellation request will incur a cancellation fee of 50% of the product value (minus any payments made prior to the cancellation request).
Any refund due and payable will be paid less any applicable cancellation fees as outlined above.
- Postponed Events
- All payments made prior to an Event or other activity which has resulted in a postponement of an Event or other activity will be honoured at the rescheduled Event or rescheduled activity.
- WOiW reserves the right to add an additional administration fee for any extra work incurred as a result of a postponement.
- The material on this website is protected by copyright.
- All content on this website including text, graphics, logos, icons and advertisements, including the selection and arrangement thereof is copyright to WOiW unless otherwise stated.
- You may view, download and print material for your personal, non-commercial use. If you find material on this website that should not be available due to copyright restrictions please contact us immediately at [email protected]
- This site contains material that may be copyright by WOiW’s commercial partners, advertisers, other people and/or organisations.
- By placing material on this site, you give WOiW a licence to use that material and agree that you will not make any claim against WOiW for breach of copyright.
Competition terms and conditions
If you enter any of What’s on in Wollongong’s competitions you are bound by the following Terms and Conditions. They may be amended or varied from time to time and special Terms and Conditions may apply to particular contests in which case these will be highlighted on the competition.
Who may enter
All Wollongong residents and visitors may enter our competitions.
Conditions of entry
By entering the competition, participants agree to be bound by these General Terms and Conditions and any Special Terms and Conditions appearing on the website specific to the particular competition.
Limitations on entry
Participants may only enter the competition once, unless the Special Terms and Conditions specify otherwise. Only the first received entry will be valid if more than one entry is received from a participant.
How to enter and selection of winners
All competitions are a game of skill: entrants are required to submit a creative answer to a question. Winners will be selected for the best answer/s based upon originality, creativity, and adherence to the word limit. Chance plays no part in determining the winners. We strongly encourage members to only enter if they can attend on the specified day/time. Our decision in relation to any aspect of the competition is final and binding on every entrant. No correspondence will be entered into.
All prizes must be taken as offered and are not exchangeable, transferable, redeemable for cash or for resale.Where a winner does not claim their prize within 48hours, a redraw will be done.
Notification of winners
Winners will be notified by email or by telephone. Winners will also be announced on facebook and on the blog/website.
All entries become the property of the Promoter. Entries not completed in accordance with the conditions of entry or received after the closing date will not be considered.
The personal information collected as part of the entry is collected to enable identification of the winner and for future marketing and promotional purposes. Your personal information will only be used by What’s on in Wollongong and will never be disclosed to others.
Competitions are in no way sponsored, endorsed or administered by, or associated with, Facebook. The information you provide will be used for this competition only and will not be shared with any other party unless authorised by you.
Limitation of liability
The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as prizes. To the extent permitted by law, the Promoter is not liable for any loss suffered to person or property by reason of any act or omission, deliberate or negligent, by the Promoter or its employees or agents, in connection with the arrangement for the supply, or the supply, of goods and services by any person to the prize winner and, where applicable, to any persons accompanying the prize winner. This clause does not affect any rights a consumer may have which are unable to be excluded under Australian law. To the fullest extent permitted by law, any liability of the Promoter or its employees or agents for breach of any such rights is limited to the payment of the costs of having the prize supplied again.