TERMS & CONDITIONS
We are: [ DESTINATION TALENT ]
You are: a visitor to Our Website / our customer (an advertiser)
In this agreement:
“Our Website”: means the entire computing hardware and software installation that is or supports Our Website.
“Services” : means any of the services we offer for sale on our Website and include generally available updates and support services so far as specified for each service.
“Content” : means any material in any form published on Our Website by us or any third party with our consent.
“Material” : means Content of any sort posted by you on Our Website
2. Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and in any event to you as a buyer or prospective buyer of our Services.
2.2 We shall accept your order by e-mail confirmation. That is when our contract is made. Details of your purchase are provided to you in your user dashboard.
2.3 Unfortunately, we cannot guarantee that every service advertised on our website is available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Services.
2.4 If in future, you buy Services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3. Your account with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Services.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to Our Website.
4. Price & payment
4.1 You agree to pay the yearly charge for the Services, from the credit card, information for which you have or will have supplied to us. You authorise us to arrange withdrawal of funds. Free accounts are not required to provide a credit card number.
4.2 Payments are billed in advance for one year (12 months) at the beginning of your registration. Payments are non-refundable. All rates are in Australian dollars and exclude GST.
4.3 In the instance we provide an invoice, membership fee must be paid within 14 calendar days of the invoice being issued, unless other terms of payment have specifically been agreed to by Six Figures in writing.
4.4 If the Advertiser fails to make any payment by the due date referred to in clause 4.2, all moneys owing by the Advertiser to shall immediately become due and payable and the provisions of clause 4.4 shall forthwith apply to such moneys. Destination Talent reserves the right to charge interest on any overdue invoice at the rate of 18% per annum, calculated daily on a compounding basis for each day that such invoice remains overdue.
4.5 It is possible that the price may have increased from that posted on our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
5. Service Provision
5.1 Our Services will be provided by email / making them available for you to download / in the way we have explained in our Website.
5.2 If we are not able to provide your Services within 5 days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
5.3 You may cancel provision of the Services at any time on giving us four clear weeks notice. Payment will be due until the expiry of the notice period.
5.4 We may change the nature or provision of the Services at any time. We may tell you about any such change by email or by posting details on Our Website. If we change the nature or provision of the Services, you may terminate this contract.
5.5 If a change we make in the provision of the Services, involves action on your part, and you do not take that action, we are entitled to terminate the Services to you without notice.
5.6 You may not share or allow others to use the Services in your name.
5.7 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.
6. Content and Intellectual Property Rights
6.1 We will defend the intellectual property rights in connection with our Services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
6.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
6.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
6.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
6.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
7. Your Material
7.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
7.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium.
7.3 You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours.
7.4 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
7.5 You represent and warrant that:
7.5.1 you own the rights to all of the Material that you post;
7.5.2 any fact stated in your Material is accurate;
8. System Security
8.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
8.2 You may not use any software tool for the purpose of extracting data from our website.
8.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Services for your purpose.
9.3.2 the truth of any Content on Our Website;
9.3.3 any implied warranty or condition as to merchantability or fitness of the Services for a particular purpose;
9.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
9.3.5 compliance with any law;
9.3.6 non-infringement of any right.
9.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.