Terms of Use

WEBSITE USERS – TERMS OF USE

IMPORTANT NOTICE TO WEBSITE USERS – PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE WEBSITE AS YOU ARE AGREEING TO ACCEPT THESE TERMS AND CONDITIONS BY YOUR CONTINUED USE OF THE WEBSITE.

These Website Users – Terms of Use apply to all users of the Website, including Advertisers, and apply in addition to the Privacy Policy of the Website and the Advertisers – Terms of Use (which are specifically applicable to Advertisers)

“Advertisers” are the individual businesses or persons who advertise their goods and/or services to You on the Website.
“Terms” means these Website Users – Terms of Use as may be amended from time to time.
“We, Us or Our” means the TheHotList.com.au Pty Ltd (ACN 627 546 210) and administrators of the Website.
“Website” means this website being www.thehotlist.com.au, which hosts classified advertising and related content which is created and developed by third party users, being the Advertisers.
“You” means you as the user of the Website and includes Advertisers.
Any reference to dollars on the Website or $ on the Website refers to Australian Dollars.

1. Ownership
This Website and all content is owned and operated by TheHotList.com.au Pty Ltd (ACN 627 546 210).

2. Acknowledgement and Acceptance of the Terms
a. By accessing the Website, You acknowledge and agree to the provisions outlined in these legally binding Terms and any amendments to it.
b. You agree to comply with and be bound by the Terms.
c. These Terms govern your use of the Website and for that reason You should read them carefully before You use the Website.
d. Your use of the Website, including viewing or browsing it, is You acknowledging and agreeing that You have had an opportunity to read and understand these Terms.
e. You acknowledge and agree that these Terms incorporate the Privacy Policy and the Advertisers – Terms of Use.

If you do not agree to these Terms, you must not access or otherwise use the Website.

3. Minimum Age
a. By using the Website you warrant that You are at least eighteen years of age and are legally capable of accepting and entering into the Terms.
b. Use of this Website by minors is strictly prohibited by Us.

4. Website Content
a. We take all reasonable care in the preparation and maintenance of information on this Website including that details, prices and service descriptions displayed on it are correct at that time (except those contained within the Advertisements). Whilst this is so, we do not warrant or guarantee that the information provided is accurate, up-to-date, reliable or complete.
b. It is your responsibility to ensure that the material or information you seek to rely on is accurate, up-to-date, reliable and complete by contacting Advertisers or making your own independent enquiries.
c. We, to the extent permitted by law, deny all liability for any loss, directly or indirectly, arising from your use and/or reliance on this Website and its content.
d. We do not guarantee or warrant that this Website is free from viruses which may damage your computer or any data on your computer.

5. The Services offered on the Website
a. We are providing a venue where Advertisers can list their services which You can find and enter into transactions directly with the Advertiser.
b. We are not a part of the transaction between You and the Advertiser and we do not become a party to the communications, posts, proposals, promises, resulting contracts or transactions entered into by You and the Advertisers on the Website or the performance under such resulting transactions or contracts by You and the Advertisers.
c. We cannot, and will not, guarantee or ensure that an Advertiser will complete a contract or transaction. It is up to You to use your discretion and undertake your own due diligence before contracting with Advertisers and to implement safety procedures when dealing with Advertisers.
d. We do not screen Advertisers when they join the Website and therefore do not guarantee or endorse any content posted by Advertisers.

6. Use of the Website
a. Your use of the Website is solely at your own risk.
b. The content on the Website is provided without any warranties or conditions, whether they be express or implied, which includes but is not limited to implied warranties and conditions of fitness for a particular purpose.
c. We reserve the right to remove content from the Website, to amend the Website or to remove content posted by Advertisers from the Website from time to time without notice.
d. You acknowledge and agree that when using the Website You are solely responsible for your own conduct and for any consequences that may arise from such use.
e. You agree that You will only use the Website for legal and proper purposes which are in accordance with the Terms.
f. Use of the Website and conduct that is prohibited includes but is not limited to the following:
i. using the Website for any illegal or unauthorised purpose;
ii. provision or promotion of instructions and/or information about illegal activities or promotion of physical harm or injury against any person or group;
iii. automated creation of accounts for use on the Website or under false or fraudulent pretences;
iv. using for commercial purposes any information, services or products from the content or material downloaded from the Website;
v. abuse, harassment, stalking, defamation, threatening or otherwise violating the legal rights of others;
vi. transmission of any worms, defects or viruses, Trojan horses or any other destructive code through the Site;
vii. impersonating other people or entities, falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source materials;
viii. causing any restriction or preventing any other users from using the Website;
ix. uploading, posting, emailing, transmitting or making available otherwise messages which are chain letters, promote pyramid schemes or are disruptive commercial messages or advertisements, or any other conduct which is prohibited by law and these Terms;
x. downloading any material or content from the Website (including content from Advertisers) and reproducing, storing, distributing, adapting, transmitting, printing, publishing, displaying or creating derivative works from this;
xi. causing any interference or disruption to the Website or any servers or networks connected to the Website, or disregarding the requirements, policies or regulations of networks that are connect to the Website; or
xii. using any spider, robot, site search/retrieval application or other device to retrieve or index any portion of the Website or collect information or data contained within the Website about users for any purpose which is unauthorised.
g. You are to inform us of any conduct or use of the Website that is in breach of these Terms by emailing Us at support@www.thehotlist.com.au. We reserve the right, in our sole and absolute discretion, to take any action that We consider to be reasonably necessary to remedy this which includes but is not limited to editing, retracting or deleting any content or advertisement, account suspension and termination of access to the Website.

7. Access to the Website
a. Access to some parts or all of the Website may be restricted by us from time to time.
b. Unless agreed otherwise by Us in writing, access to the Website is only provided to You for your personal use. Whilst You are allowed to print a copy of information contained on the Website for your personal use, unless such printing is expressly prohibited, you may not on sell this information without Our prior written consent.
c. You acknowledge and agree that whilst We will use reasonable endeavours to keep the Website available, from time to time temporary interruptions to the Website may occur. We will not be liable to any person for any loss or damage incurred due to any temporary interruptions.
d. The content provided on or through the Website will be on an “as is” and “as available” basis. We have no obligation to update the material on the Website and as such it may be out of date from time to time.

8. Password and Account Security
a. If this Website at any time requires you to set up an account, it is your responsibility to maintain the confidentiality of your password and account and of all activities that take place under your password or on your account.
b. If You use as shared computer then You must ensure that you log out of your account at the end of each session.
c. If You believe that there has been a security breach or misuse of your password or account You must advise Us immediately.
d. We will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.

9. Content posted by Advertisers
a. The Website’s purpose is to publish and display content provided by Advertisers, being advertisements for services provided by the Advertisers.
b. The information and content that is made available by the Advertisers is that of each Advertiser and not of Us.
c. We do not endorse any content posted by Advertisers that is on the Website and We are neither responsible nor liable for the precision or reliability of any advice, opinion, statement or information made in any content posted by the Advertiser on the Website.
d. Reasonable endeavours will be used by Us to moderate the content posted by Advertisers but We do not confirm or verify and therefore cannot guarantee that the content posted by Advertisers is accurate or free of error and we do not guarantee that this Website will be continually moderated.

10. Communications
You are not to use communications through the Website for the following purposes:
a. Harassing or abusing another user of the Website;
b. To contact someone after they have explicitly requested that You not contact them;
c. Interfering with a transaction or the business of an Advertiser;
d. Sending unsolicited advertising or promotions, spam or requests for donations; or
e. Engaging in racist or sexist language or discriminate against any person on the basis of race, gender, sexual preference, disability or religion.

11. Disputes with Advertisers
a. We will not become involved in disputes between You and Advertisers concerning transactions as You are contracting directly with the Advertiser and not Us.
b. Any disputes are to be communicated directly to the Advertiser and resolved directly with the Advertiser.

12. User Complaints about content of Advertisers
a. If you are concerned about the content posted by Advertisers then please contact Us.
b. We will ensure that the Advertiser has complied with the Advertiser – Terms of Use and if it is compliant then no further action will be taken.

13. Account Cancellation and Termination
If any condition outlined in the Terms, or any other condition which may be stipulated by Us from time to time, is breached then We may cancel or suspend You as a registered user of the Website.

14. Notices
Any notices are to be sent via email to support@www.thehotlist.com.au.

15. Third Party Websites
a. This Website may contain links to other websites which are operated and controlled by third parties. We are not responsible for the content on third party websites and do not endorse, control or approve such content on those websites.
b. Should You chose to visit any third party website You do so at your own risk and You are solely responsible for making your own enquiries before relying upon the content of that website.
c. To the extent permitted by law, We do not provide any warranty for the third party website regarding the quality or accuracy of the content on that website or that is does not infringe the intellectual property rights of any person.

16. Limitation of Liability, Release and Indemnity
a. To the extent permitted by law, We exclude any and all liability for any loss or damage of any kind, including special, indirect, consequential loss, damages, liabilities, claims, expenses, loss of data or loss of business profits arising from, or relating to, use of this Website and the content contained thereon (including the content posted by Advertisers), however caused, whether in contract or tort including negligence or any other cause of action.
b. You hereby release Us (and Our affiliates, officers, directors, employees, agents, subsidiaries and joint ventures) from any and all claims, demands and damages (including consequential damages) of every kind and nature, whether known or unknown, arising out of in any way connected with any dispute You may have with an Advertiser on the Website, whether it be at law or in equity. This includes, without limitation, any disputes about the performance, functions, and quality of those services provided by the Advertisers on the Website and any requests for refunds based on such disputes.
c. We will not accept any liability for failure to comply with these Terms if the failure is as a result of circumstances which are outside of Our reasonable control.
d. We will not be liable for any damages whatsoever which include any special, indirect or consequential damages however caused, whether this is in an action in negligence, contract or tort, arising from or in connection with access to this Website or any information which it may contain. We do not warrant that this Website will be uninterrupted or error free.
e. Before acting on any material or information contained in this Website or any link to a Third Party website You should, if necessary, seek independent advice.
f. In connection with your access and use of the Website, You agree to defend, hold harmless and indemnify Us and our successors, assigns, contractors, employees and agents for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim which arises out of or is related to:
i. You accessing and using the Site;
ii. Any breach by You in respect of any applicable law;
iii. Any breach by You of these Terms;
iv. Any breach by You of the rights of another person or party;
v. Any breach of contract or any other claim that is made between You and Advertisers; or
vi. Any liability in relation to tax on payments made to Advertisers.
g. This limitation of liability and indemnification clause survives the expiration or termination of these Terms.

17. Cookies
a. Cookies may be used in some areas of Our Website. A cookie is a small file placed on your hard drive with the information that the cookie obtains being set by the website. Generally, cookies save time and make the browsing experience more efficient and enjoyable. For example, a cookie can store information for future visits to the Website.
b. If You are concerned about cookies You can refuse a cookie and still navigate the Website.
c. Please refer to the Privacy Policy for more information about cookies and how they are used with this Website.

18. Intellectual Property, copyright, trademarks and ownership of rights
a. The design and content of this Website including logos, brand names, data, text, photographs (excluding content provided by Advertisers), images, graphics, software, interfaces and other material is owned, controlled by or licensed to Us and is protected by copyright, trademarks and intellectual property laws of Australia.
b. You are permitted to view the content of this website for your own personal use but You are not permitted to use the Website, or content of it, for any other purpose without Our written consent.
c. You must not use Our intellectual property:
i. in any Advertisement;
ii. associated with any products, activities or services that are not Ours;
iii. in a way that would be misleading, deceptive or confusing;
iv. in or as the whole or part of your own trade marks; or
v. in a manner which disparages Us or Our information, products or services (including the Website).
d. The copyright, trademarks and other intellectual property rights contained within this Website, business, services and branding are owned by or licenced to Us and are protected by Australian and International law. Unless prior written permission from Us has been obtained, the use or misuse of any copyright, trademarks or intellectual property is forbidden.

For the purpose of this clause, Intellectual Property includes but is not limited to:
• All present and future rights to intellectual property including inventions and improvements, trademarks (whether registered or common law trademarks), patents, designs, copyright, imagery, any corresponding property rights under the laws of any jurisdiction;
• All rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
• All services and programs developed in whole, or in part, by Us.

19. Waiver and Disclaimer
a. We do not warrant that any of the software, apps, services, additional software and additional services will be uninterrupted and error-free and make no representations regarding use, data security, accuracy, uptime and reliability of the software, apps and services.
b. Our disclaimer of liability applies to any damages, injury or death caused by any failure of performance, error, interruption, defect, deletion, delay in operation of transmission, computer virus, communication line failure, theft, destruction, unauthorised access, alteration or use of records in connection with the use or operation of the Website, whether that be for breach of contract, tortious behaviour, negligence or any other cause of action.
c. We make no representations or warranties of any kind, whether they be express or implied, about the accuracy, completeness, suitability, availability or reliability with respect to the Website or the content, including any content provided by Advertisers, contained on the Website for any purpose. Any reliance You place on such information is therefore strictly at your own risk.

20. Amendments
a. These Terms may be amended from time to time and We reserve the right to amend these Terms at Our sole and absolute discretion without prior notice and without incurring any liability to You.
b. Notification of any amendments to these Terms will be posted on the Website and will be effective immediately unless we advise otherwise. We recommend that you check these Terms prior to each use of the Website and this is your sole responsibility.
c. If you do not agree to any amendments to the Terms then you must immediately cease using the Website.
d. Your use of the Website following any such amendments will be deemed to be your confirmation that you accept these amendments.

21. Jurisdiction
The Terms will be governed and interpreted in accordance with the laws of South Australia, Australia and You agree to submit to the exclusive jurisdiction of the courts of South Australia, Australia.

22. Severance
If a provision of these Terms are found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms and such invalidity or unenforceability will not affect the rest of the Terms which will continue in full force and effect.

23. Entire Agreement
These Terms, together with any agreement and policies that are incorporated into these Terms by reference, sets out the entire understanding and agreement between You and Us.

Last Updated: 26.9.2018

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ADVERTISERS – TERMS OF USE

IMPORTANT NOTICE TO WEBSITE USERS – PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE WEBSITE AS YOU ARE AGREEING TO ACCEPT THESE TERMS AND CONDITIONS BY YOUR CONTINUED USE OF THE WEBSITE.

These Advertisers – Terms of Use apply to all Advertisers on the Website and apply in addition to the Privacy Policy of the Website and the Website Terms of Use.

“Advertiser” or “Advertisers” are the individual businesses or persons who publish Advertisements on the Website, including You.

“Advertisements” means the advertisements posted by the Advertiser for the goods and/or services that they make available to the Users, which advertisements are to conform with the terms and conditions outlined in these Terms.

“Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as may be amended from time to time.

“Terms” means these Advertisers – Terms of Use as may be amended from time to time.

“We, Us or Our” means the TheHotList.com.au Pty Ltd (ACN 627 546 210) and administrators of the Website.

“Users” means the individuals who are not Advertisers who access the Website and who may transact with You on the Website though the Advertisements.

“Website” means this website being www.thehotlist.com.au, which hosts classified advertising and related content which is created and developed by third party users, being You.

“Website Terms of Use” means the Website Users – Terms of Use of the Website as published on the Website and amended from time to time.

“You” means the individual businesses, representatives or persons who has a registered account on the Website and who post the Advertisements on the Website using their own content.

Any reference to dollars on the Website or $ on the Website refers to Australian Dollars.

1. Ownership
This Website and all content is owned and operated by TheHotList.com.au Pty Ltd (ACN 627 546 210).

2. Acknowledgement and Acceptance of the Terms
a. By accessing the Website, You acknowledge and agree to the provisions outlined in these legally binding Terms and any amendments to it.
b. You agree to comply with and be bound by the Terms.
c. These Terms govern your use of the Website and for that reason You should read them carefully before You use the Website.
d. Your use of the Website, including viewing or browsing it, is You acknowledging and agreeing that You have had an opportunity to read and understand these Terms.
e. You acknowledge and agree that these Terms incorporate the Privacy Policy and the Website Users – Terms of Use.

If you do not agree to these Terms, you must not access or otherwise use the Website.

3. Minimum Age
a. By using the Website You warrant that You are at least eighteen years of age and are legally capable of accepting and entering into the Terms.
b. Use of this Website by minors is strictly prohibited by Us.
c. You acknowledge and agree that all Advertisements will only be for persons over the age of eighteen. Advertisements for or any Advertisements advertising the services with or for persons under the age of eighteen are expressly prohibited and will be reported to the appropriate authorities (whether it be state or federal police).

4. Website Content
a. We take all reasonable care in the preparation and maintenance of information on this Website including that details, prices and service descriptions displayed on it are correct at that time (except those contained within the Advertisements). Whilst this is so, we do not warrant or guarantee that the information provided is accurate, up-to-date, reliable or complete.
b. It is your responsibility to ensure that the material or information you seek to rely on is accurate, up-to-date, reliable and complete by making your own independent enquiries.
c. We, to the extent permitted by law, deny all liability for any loss, directly or indirectly, arising from your use and/or reliance on this Website and its content.
d. We do not guarantee or warrant that this Website is free from viruses which may damage your computer or any data on your computer.

5. The Services offered on the Website
a. We are providing a venue where Advertisements can be listed for Users to find and enter into transactions with the Advertiser.
b. We are not a part of the transaction between You and the User and we do not become a party to the communications, posts, proposals, promises, resulting contracts or transactions entered into by You and the User on the Website or the performance under such resulting transactions or contracts by You and the User.
c. We cannot, and will not, guarantee or ensure that the User will complete a contract or transaction. It is up to You to use your discretion and undertake your own due diligence before contracting with Users and to implement safety procedures when dealing with Users.

6. Access to the Website and Use of the Website
a. Your use of the Website is solely at your own risk.
b. You acknowledge and agree that whilst We will use reasonable endeavours to keep the Website available, from time to time temporary interruptions to the Website may occur. We will not be liable to any person for any loss or damage incurred due to any temporary interruptions.
c. The content provided on or through the Website will be on an “as is” and “as available” basis. We have no obligation to update the material on the Website and as such it may be out of date from time to time.
d. The content on the Website is provided without any warranties or conditions, whether they be express or implied, which includes but is not limited to implied warranties and conditions of fitness for a particular purpose.
e. We reserve the right to remove content from the Website, to amend the Website or to remove content posted by Advertisers from the Website from time to time without notice.
f. Access to some parts or all of the Website may be restricted by Us from time to time.
g. Unless agreed otherwise by Us in writing, access to the Website is only provided to You for your personal use. Whilst You are allowed to print a copy of information contained on the Website for your personal use, unless such printing is expressly prohibited, you may not on sell this information without Our prior written consent.

7. Password and Account Security
a. For the account that You set up on the Website, it is your responsibility to maintain the confidentiality of your password and account and of all activities that take place under your password or on your account.
b. If You use as shared computer then You must ensure that you log out of your account at the end of each session.
c. If You believe that there has been a security breach or misuse of your password or account You must advise Us immediately.
d. We will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause or from any of your personal information being made publicly available.
e. As Advertisements are public, You acknowledge and agree that You will be solely responsible for the information that You choose to display publicly in the Advertisement.
f. If We at any time reasonably believe that you have breached or failed to comply with the Terms then we can disable your account and password, and block your IP address, and We do not guarantee that your account and password will be disabled or your IP address will be unblocked at any time following this occurring.
g. When registering an account on the Website, you agree that all information provided by You, in particular your age, is true and correct and you undertake to continue to update this information so that it remains complete, current and accurate.

8. Content of Advertisements
a. The following content and information must not be included in any Advertisement:
i. any content that You do not hold the necessary rights, licences and consents for;
ii. that infringes on the intellectual property of any other person;
iii. that is unsolicited, undisclosed or unauthorised advertising;
iv. that would cause You or us to be in breach of any laws, regulation, codes, rules or any other legal obligations; or
v. that a reasonable person would find to be inappropriate, obscene, defamatory, indecent, subversive, disparaging, offensive, pornographic, abusive, threatening, liable for inciting racial hatred, discrimination or blasphemy, in breach of confidence or in breach of privacy.
b. It will be up to you to keep any and all records required to show that the content of your Advertisement is not in breach of the requirements outlined at clause 8(a) and such records need to be made available when We request them.
c. It is up to You to ensure that the content of your Advertisement is legal in the State or Territory you are located in and such Advertisement is limited to the restrictions of each State or Territory. It is your sole and absolute obligation to know what You can and cannot include in your Advertisement according to the laws, rules, regulations and codes of the state or territory that You are located in. If You are prosecuted because of the content of your Advertisement (including any photographs contained therein) then You release and indemnify Us from any and all liability in connection with this prosecution.
d. The advice, opinions, statements, offers, services, offers or other information that is incorporated into the content of Advertisements are those of the Advertiser and not of Us.
e. We reserve the right to remove any Advertisement and to terminate an Advertiser’s account without notice at any time if the Advertiser is in breach of the Terms. Any decision made by Us under this clause is final and We reserve the right (without assuming any obligation) to retract, edit or delete permanently any Advertisement which We consider to be improper or inappropriate, or for any other reason which We will disclose to the Advertiser in Our sole and absolute discretion when practicable.
f. You, as the Advertiser, are responsible for all production matters of the Advertisement and in producing any Advertisement you expressly agree to comply with clause 9 of the Terms.
g. The Advertisements may, from time to time, be moderated either before or after they are published on the Website but We do not guarantee that all Advertisements will be moderated and will not be liable for any loss or damage due to delays or failure of the moderation process.

9. Prohibited Use
a. In addition to the prohibited use of the Website outlined in clause 8 of the Website Terms of Use, You, as the Advertiser, acknowledge that the following is considered to be prohibited conduct and use:
i. promoting or using the services of a person under the age of eighteen;
ii. promoting sex trafficking or using any victim of sex trafficking for the services the subject of your Advertisement;
iii. impersonating any other person or entity, or falsifying or deleting any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
iv. failing to comply with the requirements outlined in clause 8 of these Terms;
v. posting or sending out any information or material which is misleading, inaccurate or out of date;
vi. posting or sending out any promotional materials or advertising which is unsolicited;
vii. posting or sending out any information or materials which is defamatory, obscene, unlawful, vulgar, offensive, threatening, abusive, harmful or harassing; or
viii. creating any Advertisements or including any content in the Advertisement which is defamatory, fraudulent or which infringes on the intellectual property rights, confidentiality or privacy of any person.
b. You are to inform Us of any conduct or use of the Website that is in breach of these Terms by emailing Us at support@www.thehotlist.com.au. We reserve the right, in our sole and absolute discretion, to take any action that We consider to be reasonably necessary to remedy this which includes but is not limited to editing, retracting or deleting any content or Advertisement, account suspension and termination of access to the Website.

10. Types of Advertisements
a. The types of Advertisements that You can sign up for will be outlined on the Website and will state whether the prices are inclusive or exclusive of GST.
b. Any advertising period will commence from when payment is made.
c. Advertising will be targeted to a council area and You can purchase additional council areas for your Advertisement to be posted in for the additional fee which is outlined on the Website.
d. We give no guarantee as to where your Advertisement will sit once it is posted as the list will be updated each time a new Advertisement is added.
e. We reserve the right to update our advertising fees and types at any time in our sole discretion and we will notify you of any change by posting this on the Website at least fourteen (14) days prior to any changes being made.

11. Communications
You are not to use communications through the Website for any of the following purposes:
a. Harassing or abusing another User or Advertiser;
b. To contact someone after they have explicitly requested that You not contact them;
c. Interfering with a transaction or the business of another Advertiser;
d. Sending unsolicited advertising or promotions, spam or requests for donations; or
e. Engaging in racist or sexist language or discriminate against any person on the basis of race, gender, sexual preference, disability or religion.

12. Disputes with Users
a. We will not become involved in any disputes between You and Users concerning transactions as You are contracting directly with the User and not Us.
b. Any disputes are to be communicated directly to the User.

13. User Complaints about content of Advertisers
a. If you are concerned about the content posted by any other Advertisers then please contact Us.
b. We will ensure that the Advertiser has complied with the Terms and if it is compliant then no further action will be taken.

14. Account Cancellation and Termination
a. If any condition outlined in the Terms, or any other condition which may be stipulated by Us from time to time, is breached then We may cancel or suspend You as a registered user of the Website without notice.
b. If we are of the reasonable opinion that You have either breached these Terms or any applicable laws, regulations, rules or codes then We will immediately remove your Advertisement from the Website, without any notice to You. We may provide You with an explanation as to why your Advertisement was deleted but this is not mandatory. We will not be liable to You or any third party for any claims or damages that arise out of any termination or suspension or any other actions by us under these Terms.
c. If the applicable law requires Us to give notice of termination or cancellation, We may give prior or subsequent notice by posting it on the Website or by sending a communication to any address (email or otherwise) that We may have for You in Our records.
d. We may also block your IP address in Our sole and absolute discretion for any breaches of these Terms.
e. Any violations of these Terms may be subject to prosecution to the fullest extent of the law which could result in penalties and sanctions for You.

15. Payments to Us
a. Payments to us are to be made through PayPal.
b. We will not post any Advertisement until we have received payment from You.
c. The total amount owed will be calculated at the time of submitting the Advertisements for publication on the Website and payment will be immediately required at this time.
d. When the Advertisement is due to expire We will send you a reminder so that you can pay for a further period of time for the Advertisement to continue. Your Advertisement can be removed at the expiry of this period until such time as payment is made to extend the period of time.
e. We may offer promotions from time to time and when such promotions are offered We will advise You as soon as any complimentary advertising period expires.
f. As PayPal, being a third party payment gateway, is used by us You acknowledge and agree that We will not be liable for any loss or damage arising out of Our use of this third party payment gateway. We advise You to read and make sure that You understand the terms and conditions of PayPal prior to using this third party gateway to make payment to Us.

16. Notices
Any notices are to be sent via email to support@www.thehotlist.com.au.

17. Third Party Websites
a. This Website may contain links to other websites which are operated and controlled by third parties. We are not responsible for the content on third party websites and do not endorse, control or approve such content on those websites.
b. Should You chose to visit any third party website You do so at your own risk and You are solely responsible for making your own enquiries before relying upon the content of that website.
c. To the extent permitted by law, We do not provide any warranty for the third party website regarding the quality or accuracy of the content on that website or that is does not infringe the intellectual property rights of any person.

18. Limitation of Liability, Release and Indemnity
a. To the extent permitted by law, We exclude any and all liability for any loss or damage of any kind, including special, indirect, consequential loss, damages, liabilities, claims, expenses, loss of data or loss of business profits arising from, or relating to, use of this Website and the content contained thereon (including the content posted by Advertisers), however caused, whether in contract or tort including negligence or any other cause of action.
b. You hereby release Us (and Our affiliates, officers, directors, employees, agents, subsidiaries and joint ventures) from any and all claims, demands and damages (including consequential damages) of every kind and nature, whether known or unknown, arising out of in any way connected with any dispute You may have with an Advertiser on the Website, whether it be at law or in equity. This includes, without limitation, any disputes about the performance, functions, and quality of those services provided by the Advertisers on the Website and any requests for refunds based on such disputes.
c. We will not accept any liability for failure to comply with these Terms if the failure is as a result of circumstances which are outside of Our reasonable control.
d. It is your sole and absolute responsibility to ensure the accuracy of data that is used in connection with Advertisements.
e. We will not endorse any of the content of an Advertisement posted by You and We expressly disclaim any and all liability in connection with the same.
f. We do not confirm and verify the content posted in Advertisements.
g. We will not, in any event, be liable for any claims by any User or third party pursuant to the Australian Consumer Law which includes, but is not limited to, misleading or deceptive statements and/or misrepresentations that may be included in Advertisements.
h. It will be your sole and absolute responsibility to ensure that You have appropriate security protection and backup of any data and/or equipment that You may use in association with the Website. You will not, at any time, be permitted to make any claim against Us for loss of data, re-run time, any incomplete or inaccurate instruction, work delays or loss of profit which results from your use of the Website.
i. We will not be liable for any damages whatsoever which include any special, indirect or consequential damages however caused, whether this is in an action in negligence, contract or tort, arising from or in connection with access to this Website or any information which it may contain. We do not warrant that this Website will be uninterrupted or error free.
j. Before acting on any material or information contained in this Website or any link to a Third Party website You should, if necessary, seek independent advice.
k. In connection with your access and use of the Website, You agree to defend, hold harmless and indemnify Us and our successors, assigns, contractors, employees and agents for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim which arises out of or is related to:
i. You accessing and using the Site and posting Advertisements, which includes any payment obligations for the Advertisements;
ii. Any breach by You in respect of any applicable law;
iii. Any breach by You of these Terms;
iv. Any breach by You of the rights of another person or party;
v. Any breach of contract or any other claim that is made between Users and Advertisers; or
vi. Any liability in relation to tax on payments made to the Website.
l. This limitation of liability and indemnification clause survives the expiration or termination of these Terms.

19. Cookies
a. Cookies may be used in some areas of Our Website. A cookie is a small file placed on your hard drive with the information that the cookie obtains being set by the website. Generally, cookies save time and make the browsing experience more efficient and enjoyable. For example, a cookie can store information for future visits to the Website.
b. If You are concerned about cookies You can refuse a cookie and still navigate the Website.
c. Please refer to the Privacy Policy for more information about cookies and how they are used with this Website.

20. Intellectual Property, copyright, trademarks and ownership of rights
a. The design and content of this Website including logos, brand names, data, text, photographs (excluding content provided by You, the Advertisers), images, graphics, software, interfaces and other material is owned, controlled by or licensed to Us and is protected by copyright, trademarks and intellectual property laws of Australia.
b. You are permitted to view the content of this Website for your own personal use but You are not permitted to use the Website, or content of it, for any other purpose without Our prior written consent.
c. You must not use Our intellectual property:
i. in any Advertisement;
ii. associated with any products, activities or services that are not Ours;
iii. in a way that would be misleading, deceptive or confusing;
iv. in or as the whole or part of your own trade marks; or
v. in a manner which disparages Us or Our information, products or services (including the Website).
d. The copyright, trademarks and other intellectual property rights contained within this Website, business, services and branding are owned by or licenced to Us and are protected by Australian and International law. Unless prior written permission from Us has been obtained, the use or misuse of any copyright, trademarks or intellectual property is forbidden.
e. You, as an Advertiser, are granted a non-exclusive, revocable, non-transferable right to display your Advertisement on the Website as part of your account and subject to these Terms.
f. You will continue to own any intellectual property that You use in any Advertisement and You will grant to Us a licence (being free, irrevocable, sub-licensable, non-exclusive, transferable, worldwide, perpetual) to use, publish, amend, list information about, translate, distribute, edit, reproduce, publicly display or perform, and make derivative works of all content used in the Advertisement for use in connection with providing the services of the Website, including without limitation for promoting and redistributing part or all of the Website (and any derivative works) in any media formats through any media channels.
g. You also grant to each User a non-exclusive licence to access and view the content of your Advertisement on the Website.
h. Once the paid period of the Advertisement expires We have the right to remove your Advertisement.

For the purpose of this clause, Intellectual Property includes but is not limited to:
• All present and future rights to intellectual property including inventions and improvements, trademarks (whether registered or common law trademarks), patents, designs, copyright, imagery, any corresponding property rights under the laws of any jurisdiction;
• All rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
• All services and programs developed in whole, or in part, by Us.

21. Waiver and Disclaimer
a. We do not warrant that any of the software, apps, services, additional software and additional services will be uninterrupted and error-free and make no representations regarding use, data security, accuracy, uptime and reliability of the software, apps and services.
b. Our disclaimer of liability applies to any damages, injury or death caused by any failure of performance, error, interruption, defect, deletion, delay in operation of transmission, computer virus, communication line failure, theft, destruction, unauthorised access, alteration or use of records in connection with the use or operation of the Website, whether that be for breach of contract, tortious behaviour, negligence or any other cause of action.
c. We make no representations or warranties of any kind, whether they be express or implied, about the accuracy, completeness, suitability, availability or reliability with respect to the Website or the content, including any information provided by Users and other Advertisers, contained on the Website for any purpose. Any reliance You place on such information is therefore strictly at your own risk.
d. We do not warrant:
i. that any content which is included in the Advertisement which is submitted to and posted on the Website will be protected against any loss, misuse or amendment by third parties; or
ii. any specific or guaranteed distribution or extent of distribution for any Advertisement that You post; or
iii. the accuracy, completeness or adequacy of content included in the Advertisement and we do not have any obligation to keep the content of any Advertisement updated. No liability will be accepted by Us for any loss suffered because of your reliance on the accuracy or how up to date information that is contained on the Website or in Advertisements is.

22. Amendments
a. These Terms may be amended from time to time and We reserve the right to amend these Terms at Our sole and absolute discretion without prior notice and without incurring any liability to You.
b. Notification of any amendments to these Terms will be posted on the Website and will be effective immediately unless we advise otherwise. We recommend that you check these Terms prior to each use of the Website and this is your sole responsibility.
c. If you do not agree to any amendments to the Terms then you must immediately cease using the Website.
d. Your use of the Website following any such amendments will be deemed to be your confirmation that you accept these amendments.

23. Jurisdiction
The Terms will be governed and interpreted in accordance with the laws of South Australia, Australia and You agree to submit to the exclusive jurisdiction of the courts of South Australia, Australia.

24. Severance
If a provision of these Terms are found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms and such invalidity or unenforceability will not affect the rest of the Terms which will continue in full force and effect.

25. No Agency
You and Us are independent contractors and this Agreement does not intend nor create any partnership, agency, joint venture or an employee-employer or franchiser-franchisee relationship.

26. Entire Agreement
These Terms, together with any agreement and policies that are incorporated into these Terms by reference, sets out the entire understanding and agreement between You and Us.

Last Updated: 26.9.2018