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Terms of Use

Terms of Use

This site is operated by First Point Media* (we, us or First Point). Your access to and use of the First Point Media online site (Website) and the data available on this Website (Content) is subject to these terms, Forums and Message Board Terms of Use and our Privacy Policy (Terms).

You are requested to read the Terms before you use this Website. By using and continuing to use this Website, you will be deemed to have agreed to these Terms. If you do not agree to these Terms, you should not continue to use this Website.

Changes to these Terms

From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.

We may change the Terms at any time by posting the changed Terms on this Website and by posting a notice to users on the First Point Media homepage stating that a change has occurred.

Your Use

This Website and the search service (search service) provided through this website are made available for personal or non-commercial use only. You may not use the search service to supply a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales. You may not, without express written permission from us, take the results from a First Point search and reformat and display them. You also may not mirror the First Point home page or results pages on your web site.

You may not send automated queries of any kind to the First Point search engine without prior written approval from First Point nor may you data mine this Website.

First Point may add to, remove or vary any information on this Website at any time.

Other websites

This Website may contain links to other websites which are not maintained or controlled by us or our related companies (third party site). Third party sites are not part of this Website. These links are provided by us solely for your convenience.

We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave this Website and do so entirely at your own risk.

Access to the Website outside Australia

We do not represent or warrant that this Website or the Content complies with the laws of any country outside of Australia. If you access and use this Website or the Content from outside Australia, you do so at your own risk.

Copyright and trade mark notice

The material on the Website, the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned by or licensed to us and protected by Australian and international laws.

The Website does not grant you a licence nor act as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

You may view the Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.

You may print, copy, download and view materials on the Website subject to:

(a) the material being used in a manner reasonably anticipated by First Point; and

(b) the material not being modified in any way.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except for any reasonable purpose associated with the use of the Website.

No warranty

We take all reasonable care in compiling the Content. However, the Content is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.

We cannot screen all advertisements on the Website and the information provided on any open discussion site or forum available through this Website. We do not assume any responsibility for the content of any advertisement or any open discussion site or forum available through this Website. We will not be responsible for any offensive language or otherwise objectionable content contained in this Website.

We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to this Website. However, the availability of our services and access to this Website may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to this Website or the Content will be continuous, uninterrupted, timely, fault free, virus free or secure.

We accept advertisements for this Website in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised on this Website will be suitable for any particular purpose, or that an advertiser has particular qualifications, or that the qualifications claimed by an advertiser are valid, or that any statements of the advertiser are true and are not misleading or deceptive. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on this Website and it is your responsibility to verify any information in the advertisements on this Website. If you become aware of any inaccuracies or omissions in the information on this Website we would be grateful if you could bring this to our attention by calling (07) 3608 2012 or emailing us.

Information does not represent professional advice

You acknowledge and agree that information published by us on the Website, is intended to provide general information only and which may not be applicable to your particular circumstances. You agree to access the information at your own risk and First Point is not liable to you for the content of the information or any reliance by you on that information.

Online Competitions

From time to time we may organise competitions. Please refer to our Competition Rules. Please note that where we have no control over competitions provided by our advertisers and third parties, these rules will not apply. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such competition available.

Our liability to you

The terms that apply to our supply of this Website and the Content are those that are set out in the documents that make up the Terms (as listed above) and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.

To the maximum extent permitted by law, we exclude any liability to you for any loss or damage you suffer resulting from your use of the website or your reliance on any content.

Your liability to us

You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).

Disclaimers

This Website contains, among other things, information provided by us and associated entities, third parties and links to third party websites. There may be technical inaccuracies, errors, programming bugs or computer viruses in this Website or its contents.

We make no representations about the accuracy, completeness, currency or suitability of the information or links provided on this Website.

The information is provided 'as is' without express or implied warranty. You use the information and links at your own risk. We take no responsibility for the content of Internet sites that link from, or to, this site. Except as set out below, First Point excludes:

(a) warranties whether express, implied, statutory or otherwise, relating in any way to this Website or your use of this Website; and

(b) liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from, or in connection with, any use of the information on, or accessed through, this Website for any reason whatsoever.

Where any statute implies any term into your use of, or any arrangement arising out of, the accessing of this Website and that statute prohibits exclusion of that term, then that term is included.

If and to the extent permitted by the statute, however, First Point's liability for any breach of such term is limited to the re-supply of the information or links or associated services.

No responsibility for the security of your information

We will take all due care in ensuring the privacy and integrity of the information you provide via the Website. However, the possibility exists that your information could be unlawfully observed by a third party while in transit over the Internet, or while stored on First Point's systems (including servers) or on the Website. First Point disclaims all liability to you to the greatest extent possible pursuant to law should security or integrity of your information be jeopardised.

Use of intellectual property and information

First Point welcomes ideas and feedback from you about all aspects of the Website. You agree that First Point may use, reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Website or by email to First Point. (Please read the First Point Privacy Notice for more information as to how we store and treat information you send to us).

No misrepresentation allowed

You agree that it is a condition of your use of the services provided by us or through the Website that you will not through any act or omission (including but not limited to submitting a request or inquiry via the Website) mislead or deceive others.

Termination, suspension and limitation of your access - material breach by you

We may suspend, terminate or limit your access to this Website at any time if you are in material breach of these Terms and:

(a) we have told you in writing of your breach and you have failed to remedy it within 14 days of us telling you; or

(b) the breach is something which cannot be remedied (in which case we can cancel the service immediately by telling you).

Our other rights to terminate, suspend or limit your access

We may suspend, terminate or limit your access to this Website with as much warning as we reasonably can, if:

(a) we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to this Website;

(b) the law requires us to do so;

(c) we believe on reasonable grounds that providing you with access to this Website or to the Content is illegal or may become illegal; or

(d) there is an emergency.

Severability

If any part of these Terms is unenforceable, it will be severed from the remainder of these Terms. These Terms constitute the entire agreement between the parties concerning the subject matter of these Terms. A provision of or a right created under these Terms will not be waived except in writing signed by the party granting the waiver.

No waiver

If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.

Governing Law

These Terms (and your dealings with us) are subject to the laws of Queensland, Australia.

*First Point Media Pty Ltd (ACN 165 056 771) 

 

Advertising Terms of Use
Every advertiser who lodges, or authorises the lodgement of an advertisement for publication (Advertiser) on the Website (Website) operated by First Point Media* (First Point) agrees to be bound by: 
(a) the First Point Media Terms of Use; 
(b) the Forums and Message Board Terms of Use; 
(c) the First Point Media Privacy Policy; and 
(d) the terms set out below (Terms).
1.In these Terms ‘publish’ (publish) means to post, or make available (or authorise the posting or making available) to the general public through an internet site run by First Point the advertisement submitted (or authorised to be submitted) by the Advertiser.
2. The Advertiser is required to read the Terms before it uses the Website and submits (or authorises the submission of) an advertisement through the Website. By submitting (or authorising the submission of) an advertisement and continuing to use the Website, the Advertiser will be deemed to have agreed to these Terms.
3. From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
4. We may change the Terms at any time by posting the changed Terms on this Website and by posting a notice to Advertisers on the First Point Media homepage stating that a change has occurred.
5. First Point may at its absolute discretion refuse to publish any advertisement without giving any reason. In case of refusal, no charge to the Advertiser shall be incurred.
6. First Point may in its absolute discretion and without prior consultation or notice to the Advertiser, amend any advertisement in any terms whatsoever, if First Point perceives the publication of the advertisement would be in breach of any relevant law, in breach of any pre-existing agreement of First Point, in breach of any person’s rights or offensive. Should First Point so amend the advertisement, the agreed price shall not be reduced.
7. The positioning or placement of an advertisement is at the discretion of First Point except where expressly agreed in writing by First Point.
8. Subject to the Trade Practices Act 1974, First Point is not liable to the Advertiser for any loss of any nature arising from:
(a) the total failure of First Point to publish an advertisement; or 
(b) the failure of First Point to publish an advertisement in the form submitted by the Advertiser.  This applies regardless of the cause of First Point’s failure, including if First Point was  negligent or acted as permitted under these terms and conditions.  
In the case, of (a), the Advertiser will not have to pay any amount to First Point. In the case of (b), the amount payable by the Advertiser may be reduced in First Point’s absolute discretion.
9. First Point reserves the right to vary the placement and/or format of advertisements across the Website. First Point will endeavour to notify the Advertiser of any such changes. First Point will not be liable for any costs, expenses, losses or damages suffered or incurred by an Advertiser arising from First Point's failure to publish an advertisement in accordance with the Advertiser's request.
10. First Point has no liability to the Advertiser and the Advertiser releases First Point from any claims in relation to any failure of telecommunications services or systems which affect the receipt by First Point of an advertisement or the publication of an advertisement.
11. First Point makes no representation or warranty in relation to the number of visitors to the Website.
12. All amounts owing to First Point by the Advertiser must be paid within 14 days of the date of invoice notwithstanding any errors or omissions in any advertisement published. First Point may charge the Advertiser interest on late payment at the rate of 10% per annum and reserves the right to recoup any collection costs incurred from the Advertiser. First Point also reserves the right to disable an Advertiser’s account with First Point without notice and refuse to supply further services to an Advertiser if an invoice is not paid within the trading terms.
13. First Point also reserves the right to terminate this agreement if the Advertiser posts any advertisement that may be in breach of any law or regulation. Further, First Point reserves the right to, in its absolute discretion, reject or remove any advertisement from the Website for any reason.
14. The Advertiser indemnifies and will keep indemnified First Point, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by First Point in connection with:
(a) any breach of the Terms by the Advertiser; 
(b) any negligent act or omission by the Advertiser; or
(c) the publication or proposed publication of any advertisement by an Advertiser on the Website  or any related site.
15. First Point provides no warranty to the Advertiser that services generally available through the Website will be uninterrupted or error free.
16. First Point will not be liable for any delay or failure to perform its obligations under these Terms if such a delay or failure is due to circumstances beyond its reasonable control.
17. First Point accepts no responsibility or liability for any errors and requires that the Advertiser check their advertisements for errors as soon as they are placed on the Website. All reasonable efforts will be undertaken by First Point to edit errors brought to First Point's attention as soon as reasonably possible.
18. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with First Point, the Advertiser warrants that the material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against First Point, its directors, employees or agents.
19. Without limiting the generality of the above, the Advertiser warrants that nothing in the material lodged for publication breaches the Trade Practices Act 1974, Copyright Act 1968, Fair Trading Act 1987, defamation, consumer protection and sale of goods legislation of the States and Territories or infringes the rights of any person.
20. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with First Point, the Advertiser indemnifies First Point 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.
21. Without limiting the generality of the above, the Advertiser indemnifies First Point and its directors, employees and agents against any claims arising from:
(a) defamation, libel, slander of title; 
(b) infringement of copyright; 
(c) infringement of trade marks or names of publications titles; 
(d) unfair competition; 
(e) breach of trade practices or fair trading legislation; and 
(f) violation of rights of privacy or confidential information or licenses or royalty rights or other  intellectual property rights.
22. The Advertiser warrants and undertakes that:
(a) it has the legal capacity and power to enter into this agreement and perform its obligations  under it;
(b) advertisements and other works published on the Website do not breach the intellectual  property rights of any third party;
(c) all files delivered to First Point will be free of infection or viruses; and
(d) it will not use the Website for any illegal purpose.
23. The Advertiser agrees at all times to deal with any information or products provided by First Point or accessed from the Website in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
24. The Advertiser agrees not to use any feature of the Website to send unsolicited commercial email.
25. The Advertiser acknowledges and agrees that First Point acts as a medium through which individuals may research commercial options and that First Point does not vet nor is it responsible for vetting responses or the representations (whether oral or in writing - including those representations appearing in responses and inquiries made by the general public). 
26. The Advertiser understands and agrees that the following actions constitute a new/additional advertisement under these Terms:
(a) renewing an existing or expired advertisement; 
(b) upgrading an existing advertisement to a higher package; 
(c) selecting more than one location for an advertisement;
(d) publishing an advertisement under a free trial period; or
(d) agreeing to publish an advertisement after the expiry of a free trial period.
27. The Advertiser agrees that pursuant to the Privacy Act 1988 (Cth), First Point may obtain from either a credit reporting agency or other credit providers:
(a) personal credit information about the Advertiser and/or its directors for the purpose of  assessing an Advertiser's commercial credit application; and
(b) a consumer credit report about the Advertiser for the purpose of collecting overdue payments  relating to commercial credit owed by the Advertiser.
28. The Advertiser must ensure that advertisements posted to the Website are posted to the appropriate category and location of the Website and the onus is on the Advertiser to ensure that they familiarise themselves with the advertising requirements of each available category and location on the Website to ensure appropriate placement of advertisements.
29. First Point reserves the right and the Advertiser must accept as a condition of advertising on the Website, First Point's right to re-classify advertisements posted to the Website, entitling First Point to withdraw advertisements from one category of its Website and to re-publish advertisements in another category on the Website.
30. When you register as an advertiser, and create, edit, upgrade, renew, purchase or publish an advertisement or make an enquiry you will provide personal information to us.  We will only use the personal information provided to us to contact you on your e-mail address or telephone to notify you about such things as the status of your advertisement, any changes and promotions associated with our products and services, or to address any issues we may have about your account or your enquiry.  You also permit us to use your personal information to process your advertising order.
31. Advertisers agree not to use the Website to publish an advertisement for any pyramid scheme.
32. First Point is not liable to the Advertiser for any changes to an advertisement made by it or any third party through the use of the Advertiser’s registration and log in details.  It is the Advertiser’s responsibility to ensure that its registration and log in details are kept secure. 
33. First Point reserves the right at all times without the need to have to provide any notice to the Advertiser, to alter the functionality and appearance of its products and services available from First Point or through the First Point site.
34. An advertising order placed with First Point Media either via online registration or verbal order confirmation is a contractual agreement. First Point Media will consider Advertiser circumstances in granting an early termination of the contract. A termination charge of $99.00 inc GST will be offered.
35. First Point and the Advertiser are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms.
36. If any part of these Terms is unenforceable, it will be severed from the remainder of these Terms. These Terms constitute the entire agreement between the parties concerning the subject matter of these Terms. A provision of or a right created under these Terms will not be waived except in writing signed by the party granting the waiver.
37. If we do not act in relation to a particular breach by an Advertiser of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
38. These Terms are subject to the laws of Queensland, Australia.  First Point and the Advertiser agree to submit to the jurisdiction of the courts of the State of Queensland.
*First Point Media Pty Ltd (ACN 165 056 771)