Promote Perth Online Services Terms & Conditions
Certain areas of the Promote Perth Website are freely accessible and by accessing those areas you agree to the relevant sections of this Agreement. Other Promote Perth Services can only be accessed following registration and may not be available to all users. By registering for the restricted areas of the Promote Perth Website and/or by using those Promote Perth Services, you agree to the sections of this Agreement that apply to those Promote Perth Services.
- Promote Perth Services
1.1 This Agreement covers the following services offered by Promote Perth (together these are referred to as the “Promote Perth Services”):
(a) The Promote Perth Online Information Service (“the Promote Perth Information Service“) is a business information service managed centrally by Promote Perth and includes the provision of business data and information compiled and organised using a method developed by Promote Perth (“the Promote Perth Data“), together with other information and related services. The Promote Perth Information Service is available under the “Directory” section of the Promote Perth Website. The Promote Perth Information Service includes information about the products and/or services of third parties and may permit access to information and services provided by third parties (“Third Party Content“).
(b) The Promote Perth Requests for Quotation service (the “Promote Perth RFQ Service“) enables the User to invite tenders from suppliers listed on the Promote Perth Website and is available under the “Request For Quotation” section of the Promote Perth Website. The User will be able to search for potential suppliers to its business using Promote Perth’ product and service code classifications and then send a pre-formatted email to suppliers listed on the Promote Perth Website as matching the relevant criteria. The Promote Perth RFQ Service also enables the User to add or remove potential suppliers for such recipient emails. Replies to these enquiries will be by pre-formatted reply emails also.
(c) The Promote Perth tenders service (the “Promote Perth Public Tenders Service“) enables searches for and retrieval of tenders published by the European Union Publications Office using Promote Perth’ WF classifications and is available under the “Public Tenders” section of the Promote Perth Website. The Promote Perth Public Tenders Service also enables the User to create customer specific profiles which will then automatically trigger alert messages when new tenders are released that meet the User’s criteria.
(d) The Promote Perth Extranet (the “Promote Perth Extranet“) is a direct marketing application which enables the User to search the Promote Perth Data using specific criteria to display customised company lists. The User may also view company profiles and export/download such data using credit units. The look of the search page may be custom made by the User and the User may also add personal notes to such lists, subject to the terms of this Agreement. The User may also create its own users (the “Secondary Users“), follow up on statistics, such as what Secondary Users have done or searched for historically and provide credit units for Secondary Users to use when downloading or exporting data from the Promote Perth Extranet.
1.2 Promote Perth reserves the right to amend, modify or suspend the Promote Perth Services (or any part thereof) from time to time. This Agreement represents the entire agreement between the parties relating to the Promote Perth Services and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever which existed or may have existed between Promote Perth and the User. Promote Perth may modify this Agreement upon notice published over the Promote Perth Website.
- Use of the Promote Perth Services
2.1 The User agrees not to copy (other than incidentally in the process of viewing), market, re-sell, distribute, retransmit, publish, compile a database, carry on any automated browsing or downloading or otherwise transfer or commercially exploit in any form any Promote Perth Data or Third Party Content received via or in connection with the Promote Perth Services other than for the internal purposes of its business.
2.2 For the avoidance of doubt, and without limitation, the Promote Perth Data or Third Party Content may not be used as part of any product or service or supplied to any third party in any way which competes with the business or products of Promote Perth or its network.
2.3 Using the Promote Perth Data or the Promote Perth Services for “spamming” and/or unlawful unsolicited marketing is expressly prohibited – for example (and without limitation) the User must not use the Promote Perth Data and/or the Promote Perth Services to send unsolicited messages for the purposes of marketing or offering goods or services for sale. In particular the User agrees not to use the Promote Perth RFQ Service for the purpose of marketing its products and/or services (or those of any third party) to anyone. The Promote Perth Services shall not be used to send emails to any individuals other than the individual’s corporate email addresses as listed on the Promote Perth Website.
2.4 The User agrees to use the Promote Perth RFQ Service only for sending legitimate requests for quotation for its own business purchasing requirements. The User bears full responsibility for the content of legitimate requests for quotation circulated with the aid of the Promote Perth RFQ Service.
2.5 A maximum of two links or files for downloading can be attached to the legitimate requests for quotation issued using the Promote Perth RFQ Service. The size of any such attachment may not exceed two megabytes and shall be in one of the following formats: doc, xls, pdf, fig, jpg or such other file format as Promote Perth may consent to upon application by way of email specifically requesting the same.
2.6 The User undertakes to answer promptly all responses received to all communications sent through the Promote Perth Services.
2.7 Except to the extent permitted by law, the User agrees not to reverse engineer, decompile, disassemble, alter or modify the whole or any part of any software which is accessible via or in connection with the Promote Perth Services.
Promote Perth grants to the User (for so long as the User has a valid subscription (where relevant) with us a personal, non-exclusive, non-transferable licence (“the Licence“) to access and use the Promote Perth Services and the Promote Perth Data for internal purposes only upon the Terms and Conditions of this Agreement. The User shall not assign, dispose of, sub-license, or otherwise transfer its rights granted by this Agreement and in particular the User shall not allow any person (other than, where the User is a body corporate or business partnership, its duly authorised employees or in the case of Promote Perth Extranet, its Secondary Users and the User shall procure that such individuals/Secondary Users accept and adhere to these Terms and Conditions) to use or have access to the Promote Perth Data without the prior written permission of Promote Perth or the relevant Promote Perth Franchisee. Any enquiries regarding multi or group use should be sent to Promote Perth or the relevant Promote Perth franchisee.
- Ownership and Intellectual Property Rights
4.1 The User acknowledges that it shall not acquire any rights in the Promote Perth Data, Promote Perth Services or other data compiled through the User’s use of the Promote Perth Services. The User further acknowledges that the Promote Perth Data forms a valuable body of information and that the copyright, trade marks and all other intellectual property rights in or relating to the Promote Perth Services and the Promote Perth Data are and shall remain the property of Promote Perth or its franchisees as the case may be or, in the case of Third Party Content, its licensors. The User shall not alter or remove any copyright symbol or any other identification or information concerning the authorship or ownership of any of the Promote Perth Data. To the extent that any court of competent jurisdiction holds that the User does have rights to such Promote Perth Data, Promote Perth Services or other data compiled through the User’s use of the Promote Perth Services the User grants to Promote Perth a non-exclusive, royalty free, perpetual licence to access and use for whatever purpose such data.
4.2 Promote Perth and the Promote Perth logo are registered trade marks and must not be reproduced for any reason.
4.3 The User shall not modify, adjust or alter any part of the Promote Perth Services and shall not use software to access the Promote Perth Services without permission or use software that will corrupt the Promote Perth Services in any way.
5.1 The User acknowledges that it must use its own skill and judgment when using the Promote Perth Services and that it uses the Promote Perth Service at its own risk. Any use to which the User puts information obtained from or through the Promote Perth Services (including, without limitation, all tenders submitted using or obtained from the Promote Perth Services) shall be the responsibility of the User.
5.2 The User hereby indemnifies Promote Perth against any loss, damage or liability whatsoever which may arise directly or indirectly from the use of the Promote Perth Data or the Promote Perth Services by the User including, without limitation, in respect of all tenders and other information provided as part of the Promote Perth Services, any action or claim by any supplier to which requests for quotation are submitted or any regulatory fines.
5.3 The User acknowledges that Promote Perth has no control over the content of tenders made available over the Promote Perth Public Tenders Service and as such Promote Perth accepts no liability for the currency, usefulness or any inaccuracy of the Promote Perth Public Tenders Service and any tenders or other information made available as part of that service.
5.4 The User acknowledges that the Promote Perth Services may not identify relevant tenders or suppliers or may identify tenders or suppliers that are not relevant to the User. The User shall use its own skill and judgment to evaluate the results of the Promote Perth Services and it shall not hold Promote Perth responsible for any internal or external costs (including, without limitation, all external consultancy and internal management costs) incurred as a result of utilising and responding to incorrect/irrelevant tenders or acting on any other information obtained from the Promote Perth Services. Furthermore, the User shall not hold Promote Perth liable for lost business opportunities or any other potential losses resulting from relevant tenders or suppliers failing to be identified by the Promote Perth Services.
5.5 The User acknowledges that Promote Perth has no control over the content of emails sent using the Promote Perth RFQ Service, their attachments or any responses thereto and as such Promote Perth accepts no liability for any of the same. The User additionally acknowledges that Promote Perth and the Promote Perth RFQ Service are solely facilitating business between the User and suppliers and that Promote Perth will have no contractual involvement in any transaction between the User and any supplier. Accordingly, the terms and conditions of any supply and any dispute between the User and any supplier are solely the User’s responsibility.
5.6 The Promote Perth Data is collected by use of questionnaires, proof lists and in depth interviews with the companies listed in the Promote Perth Data. Much of the Promote Perth Data is provided to Promote Perth by third parties. The accuracy and completeness of the information collected depends on the co-operation of the listed companies. Although Promote Perth undertakes to use all reasonable endeavours to ensure that the information is as accurate as is commercially possible, Promote Perth accepts no liability for the currency, usefulness or any inaccuracy of the Promote Perth Data.
5.7 The Promote Perth Services are made available on an “as is” basis without any warranties, terms or conditions of any kind, including (without limitation) warranties, terms or conditions as to satisfactory quality, merchantability, fitness for purpose or compliance with any description or generally as to the quality of the Promote Perth Services, the Promote Perth Data, Third Party Content or any information obtained using the Promote Perth Services whether express or implied, statutory or otherwise which are hereby expressly excluded to the fullest extent permitted by law.
5.8 Due to the nature of interactive services and the Internet generally, Promote Perth gives no warranty or commitment that use of the Promote Perth Services will be free from interruptions or errors and Promote Perth shall have no responsibility or liability in respect of or arising out of any communications or network defects, delays or failures (whether temporary or otherwise) while using the Promote Perth Services.
5.9 No guarantee is given that emails sent or received using the Promote Perth Services will be free from viruses or bugs. The User is responsible for ensuring that no bugs or viruses attach to such emails and shall be solely responsible for any loss of data or corruption of any supplier’s system to which such email is sent.
5.10 Clicking on certain links within this site might take the User to other sites and Promote Perth shall have no responsibility or liability of any kind for the accuracy or content of any information or any other aspect of any such sites.
5.11 Promote Perth shall under no circumstances be liable to the User in respect of any claim by the User for indirect or consequential loss or damage (including loss of profits data, contracts, revenue or goodwill), whether or not caused through negligence, relating to the Promote Perth Data or any other information provided or received as part of the Promote Perth Services (including, without limitation, any results of invitations to tender), or its use by the User. Promote Perth shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
5.12 The liability of Promote Perth shall in no event exceed the actual price paid for the Chargeable Services (as defined below).
- Fees and Security
6.1 If the User wishes to access certain parts of the Promote Perth Services which are not freely available to all users (“Chargeable Services“), the User will be required to pay non-refundable fee(s) to Promote Perth (or as otherwise directed by Promote Perth) for access/subscription units on the basis and at the rates specified by Promote Perth from time to time.
6.2 The User may be offered the opportunity of paying for access to the Promote Perth Services by sending credit card details over the Internet. Like any other communication system, there are risks of interception attached to sending information over the Internet. Although Promote Perth has taken all normal precautions to minimise the risk of interception, the User acknowledges that any information is sent at the User’s own risk and that Promote Perth shall have no liability for the security of this information while it is being transmitted.
6.3 In accessing any of the Chargeable Services, the User shall comply with any additional terms and conditions for that service issued from time to time by Promote Perth.
6.4 The User will protect the Chargeable Services and any Promote Perth Data available over them from access by unauthorised third parties and will follow all instructions relating to the security of the Chargeable Services issued by Promote Perth. In accessing any Chargeable Services or any of the Promote Perth Services which require registration, the User will use any password or user identification (ID) or user name issued by Promote Perth. The User accepts that it is responsible for the use of any such security measures and warrants that it will keep any such password, user identification or user name or any other security mechanism or device confidential and will not disclose it to any other person.
7.1 The information we collect
We will only collect personal information about you given by you when you register with us or contact us for information. If you are just browsing on this site, there is no need for you to disclose any personal information, such as, your name, your contact details or details about your credit/ debit card which we need for the operation of our billing systems. We will always let you have a copy of all personal information we have about you should you request it, subject to such charges as we are permitted to make under relevant data protection legislation. You are able to update and amend your personal information on-line at any time through the “Members Area” section of this site.
Personal information comprised in the Promote Perth Data can be upgraded and amended by the relevant individual sending an email to info@PromotePerth.com.au
7.2 Purposes for which we use information about you
We collect information about you so that we can inform you of new offers, products and services which may be of interest to you, to help us improve and personalise our services and any services provided to you through our website. We also need to process your personal information in order to operate our accounting and billing systems and system administration.
We may store certain personal information and use this to offer you personalised services, information and offers through our services. Once you have given consent, you can of course ask us to stop providing such services to you at any time through the “Members Area” section of this site.
Your information may be processed by third parties under contract with us in order to perform our arrangements with you.
7.3 Passing on information about you
We may disclose information obtained from you to third parties as part of aggregate but not individual statistics to potential advertisers, for example number of users, typical ages, locations.
In certain circumstances we may need to disclose information about you if you breach this Agreement. We may also disclose or access your account if required to do so by law or any other Governmental body.
Keeping information about you secure is very important to us. However, no data transmission over the Internet can be guaranteed to be totally secure. As a result, whilst we strive to protect your personal information, we cannot ensure or warrant the security of any information which you send to us whilst it is being sent and you send such information at your own risk.
7.6 Transferring your information abroad
Information supplied by you to us whether submitted by you via this or other web sites will only be transferred to other countries by us or our agents for the purpose of performing contractual obligations owed by us to you.
7.7 Automated Decisions
Part of the Promote Perth Website and our billing process are automatic and we may process your personal information as part of our billing process.
The practices outlined above represent current (as of August 2010) data protection practices. To keep up with rapid technological change We may from time to time review and revise these practices and amend these Terms and Conditions accordingly.
- User material and conduct
8.2 You are prohibited from posting or transmitting to or from this Promote Perth Website any material:
(a) for which you have not obtained all necessary licences and/or approvals;
(b) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in the jurisdiction under which these Terms and Conditions are governed or any other country in the world; or
(c) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
8.3 You may not misuse the Promote Perth Website (including, without limitation, by hacking, transmitting any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation).
8.4 Promote Perth will fully co-operate with any law enforcement authorities or court order requesting or directing Promote Perth or members of the Promote Perth Group to disclose the identity or locate anyone posting any material in breach of this Agreement.
It is the responsibility of the User to ensure that it is complying with the national laws of any state relating to the access of the Promote Perth Data. For example, in Germany personal data must only be accessed where the User has a legitimate interest in doing so and records must be kept of the grounds for the legitimate interest. In other countries individuals may be able to make an entry on a register prohibiting them from being contacted with unsolicited marketing messages by telephone or fax.
The User shall be solely responsible for obtaining, operating and maintaining all necessary computer hardware and software, modems and telecommunication links which it requires to access the Promote Perth Service.
Promote Perth may terminate the Promote Perth Services (or any of them) at any time.
Without prejudice to any other rights or remedies, Promote Perth may at any time suspend the Promote Perth Services (or any of them) or terminate this Agreement with immediate effect if the User is in breach of any of its obligations under the Agreement or if the User goes into bankruptcy, liquidation or administration, makes a voluntary arrangement with its creditors or becomes insolvent or has a Receiver appointed. Promote Perth will under no circumstances be liable to refund all or part of any fee (if any) in the event of the suspension of the Promote Perth Service or termination of this Agreement. On termination of this Agreement the User will immediately destroy all copies of the Promote Perth Data it has acquired by use of the Promote Perth Service and will immediately cease using the Promote Perth Services, although the User shall be permitted to continue using the information (including all/any tenders) it has acquired by use of the Promote Perth RFQ Service or the Promote Perth Public Tenders Service prior to termination..
12.1 Any notice given under this Agreement must be in writing and delivered by hand, first class post, email or facsimile to the relevant party to the address given by Promote Perth on this site or the address given by the User on registration.
12.2 The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
12.3 Neither party shall be liable for any delay in performing its obligations if such delay is caused by circumstances beyond its reasonable control.
12.4 Each party hereby confirms that in relation to the Promote Perth Services it has not relied on any promises, representation, agreements, statements, understandings other than those set out in this Agreement and shall have no liability in relation to the same unless made fraudulently.
13.1 The User will treat as confidential and keep secret all information contained in or concerning the Promote Perth Services and the method developed by Promote Perth to compile and organise the Promote Perth Data. The User will not disclose such information to any third party, except to the extent that it is required to do so by law, or to the extent that the information is public knowledge.
13.2 This section will remain in full force and effect after termination of this Agreement.
- Governing Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws of Australia (excluding laws governing the conflict of laws) and the parties submit to the jurisdiction of the Australian Courts. This will not prevent Promote Perth from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of this Agreement, the Promote Perth Services, or the Promote Perth Data in any other jurisdiction throughout the world.
In respect of any translation of the PromotePerth.com.au Terms and Conditions of Use which has been carried out, in the event of there being any contradiction in the meaning or interpretation of any of the clauses of these Terms and Conditions, the version in the English language shall prevail.