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Terms and Conditions

Elite Tradies Web Site Agreement

Important! These terms of service and terms and conditions govern your use of this site. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site.

EliteTradies (“we, our, us”) may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers on our websites.

Every advertiser and advertising agency (“you”) who submits a signed order (either electronically or via mail) for advertising on the website operated by us, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.

Use of the Site
Limitation of Liability

In no event will EliteTradies be liable for

(i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if EliteTradies or its authorized representatives have been advised of the possibility of such damages, or

(ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Where the exclusion or limitation of liability for consequential or incidental damages is not allowed, liability is limited to the greatest extent permitted by law.

EliteTradies makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-EliteTradies web site, please understand that it is independent from EliteTradies, and that EliteTradies has no control over the content on that web site. In addition, a link to the EliteTradies web site does not mean that EliteTradies endorses or accepts any responsibility for the content, or the use, of such web site.

Certain rights and remedies may be available under the Trade Practices Act 1974 or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, This Web Site and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is EliteTradies, its affiliates or other third party licensors.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

Article Submissions
: You agree to grant to EliteTradies a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein) you submit to any public areas of the Site (such as articles, listings.) or by e-mail to EliteTradies by all means and in any media now known or hereafter developed. You also grant to EliteTradies the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against EliteTradies for any alleged or actual infringement or misappropriation of any proprietary right in your communications to EliteTradies.
Indemnification
You agree to indemnify, defend and hold harmless EliteTradies and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Policy for Linking to Our Web sites
Hyperlinks enhance the user’s experience by providing easy access to additional information or original source material, whether on the same site or from an external source. For this reason, we value the use of hyperlinks in our content. However, in using hyperlinks, we:

* Attribute the original source of the hyperlink where it points to third party content.

* Do not claim ownership or rights to content belonging to other parties.

We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.

Please do:

* Link to our content directly.

* Comply with all copyright, trade mark or other applicable laws.

* Use the title or headline of the content to which you are linking, as long as you link directly to that content.

Please do not:

* Attribute a link to our web site(s) content as being a link to your own or someone else’s content (for example, use your own logo to link to our content).

* Attribute a link to our site and then link somewhere else.

* Frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors.

Publication of Advertisements
We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you and in accordance with your instructions. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.

We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication. If we do refuse to publish your advertisement, any fees paid by you will be refunded.

Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement.

We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights or not in accordance with our requirements. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We may move your advertisement to another subcategory if it is more appropriate.

We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request.

We may head any advertisement as “Advertisement” or “Sponsor” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.

Rates, Payment and GST
The rate for your advertisement will be the ruling price of the day as per the Membership Plan you selected.

All advertising must be paid in advance before the advertisement can be published.All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST.We are currently not registered for GST, therfore we cannot collect GST. When that changes we will amend this clause.

Unless and agreement is made in writing by us then the currency of choice will be Australian dollars and cents ($AUD)

Submitting Advertisements
To submit a listing please read the instruction as detailed under Business Info.

If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.

Other Advertising Conditions
We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.
Failure to Pay
If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of you assets or if you resolve to wind up your company, then we may (at our absolute discretion: cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published. If you subscribe to a “Foundation Member Special” promotional package, you will be protected from any future price rises as long as your subscrition stays active. You will loose these priviledges if you cancel the subscription or fail to pay for your next subscription period after your subscription is due for renewal.
Refund Policy
All advertising on our website except where it is otherwise written must be pre-paid by you and/or your appointed agent anually, or as stated in the package you select, via the PayPal Subscription Service and therefore can be cancelled at anytime by logging into your PayPal account. We will not provide a refund for any unused portion of your advertising should you cancel your subscription.
Your Warranties
By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our directors, employees or agents.

Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe: the Trade Practices Act (Cth), the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth); or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).

Indemnity
By submitting, authorising or approving advertising material for publication by us, you indemnify us and our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material.

Without limiting the generality of the above, you indemnify us and our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.

Liability
We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us.

Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.

We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.

We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) which cannot be excluded (“non-excluded conditions”).

We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply.

Subject to the above sub-clauses, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

Privacy
We may need to collect and hold your personal information in order to provide the advertising services to you. Your personal information will be held subject to our Privacy Policy.Our Privacy Policy allows us to use your personal information for purposes related to your purchase of the advertising services, such as making you aware of our other products and services or notifying you of opportunities offered by our business partners.

You may gain access to your personal information or obtain a copy of our Privacy Policy on this web site by contacting EliteTradies via our contact page. Changes to Terms and Conditions

We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your Insertion Order.

Affiliate Sales
Affiliates are independent agents and have to look after their own bookkeeping and tax responsibilities. They are not employed by Elite Tradies.
Anyone found to be committing fraud will have their affiliate accounts suspended and all funds frozen.

Affiliate commission will be reversed for refunded sales and will be reported as a negative sale in the sales report.

Affiliates will be paid at the beginning of each month if the minimum pay-out amount has been achieved. Minimum payout is currently $100.00 (2 sales). Any unpaid commissions will be carried over to the next month and will be paid when the minimum payout level has been achieved.

Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). We will be entitled to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use.

General
These Terms and Conditions, together with your placement of advertising material on this site represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions.

We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint)..

Jurisdiction
Your use of this web site and all of our legal notices will be governed by and construed in accordance with the laws of Queensland, Australia and by using EliteTradies you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

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