Terms & Conditions...
Version 2.190 Updated Last: Jan 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Terms last updated on: 5 January 2020
Thank you for visiting www.halalfood.com.au By using the Halal Food website you are deemed to have agreed to these terms and conditions of use. These terms apply to all visitors, subscribers, members, venue listings and users who access and use this website. We reserve the right to change or modify these terms and conditions at any given time and without notice to you.
By continuing to use www.halalfood.com.au after any revisions have been made effective, you agree to be bound by the revised terms, whether or not you have reviewed them. Accordingly, www.halalfood.com.au advises you to check this page regularly
1. Our Mission
www.halalfood.com.au mission is to offer an online medium to promote interaction within local communities and promote the use of local businesses, manufacturers, suppliers, distributors that provide a range of services or goods that benefit users with a Halal requirement. Our range of directories assists consumers with Halal requirements to identify suitable products to consume, identify suitable venues to dine at that meet a range of criteria suitable to the diner, or identify suitable meat suppliers. The directories include the following:
Product Directory - Providing a list of Halal Certified or Halal Suitable products available within Australian supermarkets
Restaurant Directory - Providing a list of Halal Certified or Halal Suitable dining options across Australia with a range of interactive filters that include Halal Status, Budget, Cuisine Type, Facility, Alcohol Service Status.
Bake & Cake Directory - Providing a list of Halal Certified or Halal Suitable providers of Cake, Desserts and Breads across Australia with a range of interactive filters to assist to identify suitable venue.
Health & Nutrition Directory - Providing a list of Health and Nutrition products that are available in mainstream Supermarkets. Including an interactive filters to assist consumers with Halal requirements to identify suitable Health and Nutrition Products
Meat Directory - Providing a list of Meat Suppliers such as Butchers, Supermarkets, Abattoirs across Australia that provide Meat products to consumers requiring access to Halal Meats. The use of an interactive filter allows for Users to easily identify suitable suppliers based on their own requirements.
2. About this website
http://www.halalfood.com.au (the Site) is owned and operated by a team (Halal Food, Local, we, our, us).committed to ensuring that members of the public have access to information that will assist them when requiring Halal Food.
We provide the Site as a venue only for members of the public (Users) to access listings of businesses, provide reviews on local businesses (Local Business) and engage with other Users.
3. About these terms of use
These terms of use, the associated privacy statement and other listed policies (known collectively as the Terms of Use) govern access to, use of and submission of content to the Site by Users and Local Businesses (known collectively as you, your).
4. Policy acknowledgement
www.halalfood.com.au provides a collection of online resources, including Restaurant Directory, Meat Directory, Bake & Cake Directory, Wholesale Services, Meat Establishment Tool, Online Store, Consultancy Services and Blogs, Features, classified ads, forums, catalogues, and various email services available on or through www.halalfood.com.au (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”).
By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular www.halalfood.com.au services, you agree to abide by any applicable posted guidelines for all www.halalfood.com.au services, which may change from time to time.
Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
Index
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
1.0 GENERAL
2.0 DEFINITIONS
3.0 ACCESSING THE SITE
4.0 REGISTRATION INFORMATION AND PASSWORDS
5.0 DISCLAIMER
6.0 THIRD PARTY WEBSITES
7.0 INTELLECTUAL PROPERTY
8.0 LIMITATION OF LIABILITY AND INDEMNITY
9.0 TERMINATION
10.0 NOTICE
11.0 NO WAIVER
12.0 FORCE MAJEURE
13.0 SEVERABILITY
15.0 GOVERNING LAW AND JURISDICTION
16.0 UPDATES TO THESE TERMS
17.0 DIRECTORY LISTINGS AND SERVICES PROVIDED ON WWW.HALALFOOD.COM.AU
18.0 ELIGIBILITY FOR USE OF LISTINGS AND SERVICES
19.0 PAYMENT AND TERMS APPLICABLE FOR LISTINGS AND SERVICES PROVIDED
20.0 TERMINATION BY HALAL FOOD
21.0 CANCELATION OR WEBSITE CHANGES BY THE SUPPLIER
22.0 ACCEPTANCE OF MATERIAL
23.0 PHOTOS, VIDEOS, IMAGES AND INFORMATION PRIVACY
24.0 CONSUMER REVIEWS
25.0 FEES
26.0 LATE PAYMENTS
27.0 MISCONDUCT
28.0 MODIFICATIONS TO THIS AGREEMENT
29.0 THIRD-PARTY CONTENT, SITES, AND SERVICES
1.0 GENERAL
1.1 These Terms of Service (the Terms) govern your use of our website located at www.ozbusiness.com.au(the Site) and form a binding contractual agreement between you, the user of the Site and us, www.halalfood.com.au (Halal Food Australia Directory). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site.
1.2 By completing the registration process and using the Services, or by viewing or browsing the Site, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.
1.3 As a user to access or use this site, you hereby agree to accept the terms and conditions in this agreement. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
2.0 DEFINITIONS
In these Terms:
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by www.halalfood.com,.au to you.
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Personal Information means all information provided by the User by www.halalfood.com.au in connection with these Terms where such information is identified as confidential at the time of its disclosure or ought to be reasonably considered confidential based on its content, nature or the manner of its disclosure, but excluding:
(a) information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement; and
(b) information developed independently by a party.
Services mean the online Halal Food directory services provided by www.halalfood.com.au through the Site. This includes Services currently offered by www.halalfood.com.au and any Services or products that www.halalfood.com.au may choose to offer in the future on a case by case basis for subscribers, members or listings.
Site means www.halalfood.com.au.
Terms mean these terms and conditions of use and the documents referred to on it.
User-Generated Content means any and all data, text, software, images, audio or video material and other content in any medium produced and provided on the Site by a User.
User means a person who gains access to the Site and/or uses the Services through registration or otherwise. It is any person who visits this website for whatever purpose. A User includes the person using this Site and any legal entity that such person may represent under actual or apparent authority.
You means you, the User.
Us, We, Our means www,halalfood.com.au.
3.0 ACCESSING THE SITE
3.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
3.2 All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this site is solely at your risk.
3.3 We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.
3.4 We reserve the right to deny access to certain services to any user for whatever reason to protect the interests of www.halalfood.com.au
3.5 We reserve the right to limit, deny, or create different access to the Site and its features with respect to different users or change any of the features or introduce new features without prior notice.
3.6 Each user agrees that it can not copy, reproduce or download any information, database, document from the www.halalfood.com.au website for the purpose of re-selling, reproducing or operating a business that competes with www.halalfood.com.au.
3.7 www.halalfood.com.au is not liable to the loss of messages or information between users (buyer and supplier) through the communication systems provided by this site or through emails facsimiles or letter to addressees obtained from this site.
3.8 Any User shall not undertake any scheme to undermine the integrity of the computer systems or networks used by www.halalfood.com.au and/or attempt to gain unauthorised access to such computer systems or networks.
3.9 As a Registered User, you automatically consent to authorise www.halalfood.com.au to share your information with other Users.
3.10 www.halalfood.com.au may suspend or terminate a registered user's Account at any time by giving no less than 24-hour notice to the Registered User. The notice is not required for such termination if :
(a) there is any breach of the provisions of this Agreement by the Registered User; or
(b) www.halalfood.com.au has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or
(c) www.halalfood.com.au believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, www.halalfood.com.au's other Users, or www.halalfood.com.au or
(d) a registered user may sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of www.halalfood.com.au.
4.0 REGISTRATION INFORMATION AND PASSWORDS
4.1 By registering to the Site, you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate.
4.2 During the registration process, you will be asked to select a password for your User account. You agree to keep your password confidential at all times and must not disclose it to any third parties. You agree to be fully responsible for activities that relate to your User account or your password. If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your User account.
4.3 Only businesses geographically located in Australia are allowed on the Site. The Site is intended for use as an online Australian businesses directory. You will be requested to verify that your business is located in Australia during the registration process.
4.4 As part of the registration process, you will undergo the “Halal Food” Verification process:
(a) upon registration of the new business listing, we will contact the phone number provided and confirm business details verbally with the business representative to ensure that all details are entered correctly on the Site.
(b) All business listings that have been verified through this process will be rated on the Site with a blue badge stating "Halal Food Verified" along with the date on which the Halal Food Verification process was completed.
4.5 All information we obtain about you in connection with the registration process and your subsequent use of the Site and Services is subject to [PRIVACY POLICY].
5.0 DISCLAIMER
5.1 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortuous behaviour, negligence or any other cause of action.
5.2 We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the Content contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the Site or the Services.
6.0 THIRD PARTY WEBSITES
6.1 The Services may link to other websites, services or resources on the Internet, such as Twitter and Facebook, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by www.halalfood.com.au. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those sites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
6.2 We make no representation about any other website you access through this one. Please understand other websites are independent of our sites so we do not accept responsibility for such websites.
7.0 INTELLECTUAL PROPERTY
7.1 Our Intellectual Property
(a) Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
(b) We own and retain all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property rights, excluding User Generated Content. You are permitted to use the Services only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, view, and download Content or User Generated Content subject to these Terms.
(c) Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
(d) You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
(e) Where any image, video, audio, graphics are used with authority by you or your business. You must not modify it in anyway, Further you are required to give credit to www.halalfood.com.au and where appropriate provide either a link to the www.halalfood.com.au home page or a link to the venue business hosted URL with www.halalfood.com.au
7.2 User Generated Content
(a) You must not add any User Generated Content to the Site:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iv) that is unsolicited, undisclosed or unauthorized advertising;
(v) that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(vi) that would bring us, or the Site, into disrepute; or
(vii) that infringes the Intellectual Property or other rights of any person.
(b) You agree to keep all records necessary to establish that your User Generated Content does not violate any of the requirements under clause 7.2(a) and make such records available upon our reasonable request.
(c) You retain ownership of your Intellectual Property and proprietary rights in any User Generated Content. These Terms do not prevent you front granting non-exclusive rights to use your User Generated Content to others.
(d) We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site or using the Services. We reserve the right to modify or remove any User Generated Content at any time.
(e) You hereby grant www.halalfood.com.au a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to User Generated Content worldwide or to incorporate User Generated Content in other works in any media now known or later developed for the full term of rights that may exist in User Generated Content.
8.0 LIMITATION OF LIABILITY AND INDEMNITY
8.1 You agree that we shall not be liable for any damages suffered as a result of using, copying, distributing, or downloading Content from the Site.
8.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or any other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
8.3 Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by Users or third parties, are those of the respective author(s) or distributor(s) and not of www.halalfood.com.au. We do not endorse any of the Users, and expressly disclaim any and all liability in connection with them. We do not pre-screen or monitor User Generated Content. With respect to the www.halalfood.com.au Verification, we cannot guarantee that such verbal verification process eliminates all risks and we are not liable for any misleading statements provided by a User during the www.halalfood.com.au Verification. In no event shall we be liable for any claims by a third party pursuant to any consumer and competition law, such as the Competition and Consumer Act 2010, including, but not limited, to any misleading statements made and/or incorporated into any User Generated Content. It is your sole responsibility to ensure the accuracy of the data inputted and any other User Generated Content.
8.4 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
8.5 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
8.6 As a condition of your access to and use of the Site, you agree to indemnify www.halalfood.com.au its subsidiary companies, holding companies, any associates, its staff, its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) Your access to and use of the Site and Content; and
(b) Your violation of these Terms and any applicable law or the rights of another person or party.
9.0 TERMINATION
9.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your registration, or suspend or block your access to the Site and Services.
9.2 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
9.3 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
10.0 NOTICE
10.1 By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
10.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
10.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
11.0 NO WAIVER
11.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
11.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
11.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 10.
12.0 FORCE MAJEURE
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(c) Sabotage;
(d) Accident;
(e) Riot;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
13.0 SEVERABILITY
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
14.0 ENTIRE AGREEMENT
14.1 These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and www.halalfood.com.au and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
14.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
15.0 GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Western, Australia and each party submit to the jurisdiction of the courts of the State of Western Australia, Australia.
16.0 UPDATES TO THESE TERMS
16.1 We reserve the right, at our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including, but not limited to, content, certain features and services, hours of availability, and equipment needed for access or use, without notice or liability.
16.2 Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.
16.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately unless expressed otherwise.
16.4 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site and Services. Your continued use of the Site and Services will be deemed as your acceptance thereof.
16.5 We may assign or sublicense any of our rights or obligations under these terms and conditions at any time, without obtaining your consent.
17.0 DIRECTORY LISTINGS AND SERVICES PROVIDED ON WWW.HALALFOOD.COM.AU
17.1 Directory Listings- www.halalfood.com.au owns and operates the website and content located at www.halalfood.com.au and also printed directories used by various venues across Australia.
17.2 These terms and conditions apply to any publications of any advertising material supplied for a directory listing or printed publications submitted by any person or entity for publication on the Website or printed material,
17.3 By upgrading your Listing as a Premium Listing on www.halalfood.com.au website or printed material and completing/providing appropriate payment authority, you agree to be bound by these Terms and Conditions.
17.4 You are entitled to a 10 day “cooling off” period commencing on the date on which you entered into the agreement. You must notify us in writing within this period if you no longer wish to advertise your venue, goods or services with www.halalfood.com.au.
17.5 These Terms and Conditions may change at any time. We will make every effort to inform you when these Terms and Conditions are updated or changed.
Please read these Terms and Conditions regularly. The Terms and Conditions are located at: www.halalfood.com.au
18.0 ELIGIBILITY FOR USE OF LISTINGS AND SERVICES
18.1 www.halalfood.com.au reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of services, products, items and accessories who are acceptable to www.halalfood.com.au in its sole discretion.
18.2 Although www.halalfood.com.au attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against www.halalfood.com.au for failing to adequately screen potential users or prevent the use of www.halalfood.com.au or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.
18.3 To qualify to be listed in our Directory Listings your business must be:
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Located within Australia;
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Suited to one or more of the website’s categories;
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Submitted by the business owner or a person with proper authority to enter into an agreement.
18.4 We reserve the right to decline businesses that don’t meet the above criteria at our sole discretion
18.5 There are two types of listings within the directories provided within www.halalfood.com.au:
(a) Free Listings:
All free listings will remain free for an indefinite period with no terms to upgrade unless it is agreed by you to upgrade the listing. Free listings contain basic information relating to the business listed and this information has not been verified by www.halalfood.com,au.
(b) Premium listings
i) Premium Listings are Annual Upgrades (12-months) that may be extended at the discretion of www.halalfood.com.au management (ie Introductory Upgrade for 24months or 36months).
ii) Premium inclusion of a Listing includes information such as website title, description and URL ('Listing') on www.halalfood.com,au is sold on an inclusion basis for a one time, non-refundable setup fee and an annual renewal fee.
iii) THE SETUP FEE IS IN CONSIDERATION FOR HALALFOOD'S EDITORIAL REVIEW OF THE BUSINESS LISTING SUBMISSION AND IS THEREFORE NON-REFUNDABLE, EVEN IN THE EVENT THAT WWW.HALALFOOD.COM.AU DECLINES TO INCLUDE
ADVERTISER'S BUSINESS LISTING.
iv) www.halalfood.com.au may, in its sole discretion, change the setup or annual renewal fee at any time.
vi) The prices and the terms of payment for a listing upgrade and entry in www.halalfood.com,au Directory are displayed at all times on this website, including the point where you choose to make a purchase to upgrade your listing or submit your listing for consideration.
vii) The subscriber understands and agrees that upon purchasing a Premium listing for their business, said listing will not automatically renew on the date of expiration so the listing needs to be renewed however alerts may be sent near to expiry except where the subscriber notifies termination thereof to www.halalfood.com,au prior to the subscription expiration date. In such cases, the renewal shall be performed in accordance with the manner of payment originally chosen by the subscriber, at the price rate of the original subscription unless discussed otherwise.
viii) A listing for one company cannot be substituted for a listing for another.
ix) Subscribers can cancel their subscription at any time by contacting us, with termination taking effect from the end of the validity period covered by the last annual payment made. For instances where a subscriber requires a listing to be removed immediately, please contact us. A refund for the remaining subscription listing period will not be offered. If a subscriber removes their listing within the 12-month period, any reinstatement of the said listing will be charged at the price rate of the original subscription. The Management of www.halalfood.com.au maintains full discretion with regard to this.
x) Please Note: Any hyperlinks to external websites included within paid-for subscriptions will be non-indexable. To add other types of hyperlinks to www.halalfood.com,au, please contact us.
19.0 PAYMENT AND TERMS APPLICABLE FOR LISTINGS AND SERVICES PROVIDED
19.1. The Listing Fees and Service Fees are payable to www.halalfood.com.au pursuant to these Terms and Conditions and are the quoted rates advised to you. All Fees are inclusive of GST.
19.2. Where a listing Upgrade or other promotions takes place. You agree to place a Directory Listing with www.halalfood.com.au on the Website and/or printed publications for a 12 month period regardless of payment terms extended. By committing to www.halalfood.com.au advertising you commit to the full 12 months advertising fees.
19.3. Where Services are required to be provided by www.halalfood.com.au to the Subscriber, Member or User. Then an agreed price for the provision of the service is to be invoiced and paid upfront and in full by you. Failure to satisfy this requirement will result in the ownership of all work being retained by www.halalfood.com.au. Title of ownership does not pass to you until such time as full payment is received including any late fees and cost for recovery. The Right of Title remains in place until such time as payment in full is received for the Services provided.
19.4. www.halalfood.com.au will provide you with a tax invoice for the advertising fees or services to be provided plus applicable GST when an advertising package or quote for service is agreed upon. You must pay the first payments (subject to payment term agreed) before your advertising goes online or printed or services are received by the user. If more than one payment is required during the initial term, all future payments must be secured with a valid credit card or direct debit.
19.5. If your account is overdue, we can take your listing offline or withhold all services until we have received all outstanding money owed.
19.6. If you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over you or any of your assets or if you resolve to wind up your company, then www.halalfood.com.au may take proceedings against you to recover any overdue amount at its discretion.
19.7 We may recover from you all costs in relation to any action taken against you by www.halalfood.com.au to recover overdue amounts, including without limitation, debt collection costs and legal costs on a full indemnity basis; and/or exercise any other rights available to www.halalfood.com.au by law.
20.0 TERMINATION BY HALAL FOOD
20.1 You agree that www,halalfood.com.au, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, listing, products, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if www.halalfood.com.au believes that you have acted inconsistently with the letter or spirit of the TOU.
Further, you agree that www.halalfood.com.au shall not be liable to you or any third party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.
20.2 www.halalfood.com.au may terminate your Directory Listing and remove your Directory Listing from the Website at any time during and for any reason. www.halalfood.com.au is not obliged to provide you with reasons for terminating your Directory Listing.
20.3 If www.halalfood.com.au terminates your Directory Listing during the Initial Term and you have paid the advertising fees upfront and are otherwise not in breach of these Terms and Conditions, www.halalfood.com.au will refund you a pro-rata portion of the advertising fees applicable to the unused part of the Initial Term this will be less any amounts owing for work conducted by Halal Food.
20.4 If www.halalfood.com.au terminates your Directory Listing, and you pay the advertising fees by credit card, www.halalfood.com.au will cancel your credit card arrangements provided you are up to date with payment of all advertising fees.
20.5 If there are any amounts owing to www.halalfood.com.au at the date of termination, you authorise www.halalfood.com.au to charge all overdue amounts from your credit card.
20.6 If www.halalfood.com.au removes your Directory Listing from the Website pursuant to clause 5.f of these Terms and Conditions, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing.
21.0 CANCELATION OR WEBSITE CHANGES BY THE SUPPLIER
21.1 If you cancel your Directory Listing with www.halalfood.com.au during the Initial Term and you have paid the advertising fees upfront, you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term.
21.2 www.halalfood.com.au allows the advertiser to require changes to their website listing 10 times during the 12 month period,
22.0 ACCEPTANCE OF MATERIAL
22.1 www.halalfood.com.au is under no obligation to accept a Directory Listing (or any part of a Directory Listing) for publication on the Website and is under no obligation to provide reasons for such refusal.
22.2 www.halalfood.com.au reserves the right at any time, at its sole discretion, to:
• reject or cancel all or part of a Directory Listing; or
• remove all or part of a Directory Listing from the Website.
22.3 In addition, www.halalfood.com.au shall have the absolute right, without providing any reason, to reject any URL link embodied within the Directory Listing.
22.4 Images supplied to www.halalfood.com.au for publication on the Website or printed publications may be published on different pages within the Website or printed material to be determined in www.halalfood.com.au sole discretion. By submitting images to www.halalfood.com.au, you agree that www.halalfood.com.au may use your images anywhere within the Website or in printed publications.
22.5 You agree that www.halalfood.com.au may source images for your Directory Listing or publication directly from your website if the images supplied by you are not suitable and you warrant that www.halalfood.com.au is entitled to do so without infringing any intellectual property rights. Such material will be deemed to be submitted or supplied by you for the purpose of these Terms and Conditions.
22.6 If www.halalfood.com.au receives complaints from visitors to the Website or Publication in relation to a Supplier Directory Listing or Publication www.halalfood.com.au may without notice to the Supplier remove the relevant Supplier’s Directory Listing (or the offending part) from the Website or Publication immediately, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing or Publication.
22.7 www.halalfood.com.au reserves the right to amend, move or reposition your website Directory Listing or change your publication position at any time. www.halalfood.com.au will use its reasonable endeavours to give you advance notice of any material changes that it makes to the Website or publication.
22.8 You agree that you must pay all fees even where:
• your Directory Listing (or part of it) is not published due to a breach of these Terms and Conditions by you;
• your Directory Listing (or any part of it) is not published due to your failure to provide sufficient artwork or instructions;
• the format or placement of the Directory Listing has been varied by www.halalfood.com.au; or
• you believe your Directory Listing or Publication advertising has not resulted in enquiries being converted into sales.
23.0 PHOTOS, VIDEOS, IMAGES AND INFORMATION PRIVACY
23.1 photos, videos or images make your listing more attractive and enable your business, course or event to be featured in our other marketing channels. When adding photos, videos or images, please ensure:
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they accurately represent your business, course or event;
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you own the copyright or have permission from the copyright owner;
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you have permission from any people that can be identified in the image;
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if children are identifiable, you have written consent from their parent/guardian they are taken in a lawful, fair and direct manner
24.0 CONSUMER REVIEWS
24.1 www.halalfood.com.au incorporates a review system on the Website that allows consumers who use the Website to rate and/or review Listing, Venues,’ online stores, products, goods and services and customer service. b. The Supplier agrees that: www.halalfood.com.au will at all times maintain editorial control over the reviews posted on the Website in respect of Supplier;
(a) the Supplier will not direct www.halalfood.com.au to delete or amend any review about a Supplier or a Supplier’s goods or services;
(b) the Supplier will not post its own reviews about the Supplier’s own goods or services on the Website; and
(c) www.halalfood.com.au is not responsible or liable to the Supplier or any third party for any loss or damage caused by such reviews.
25.0 FEES
The Premium Listing subscriber agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity. If Premium Listing disputes any charge made under this Agreement, Premium Listing must notify www.halalfood.com.au by sending a detailed notice of the dispute to www.halalfood.com.au via email at: billing@halalfood.com.au within ten (10) days of the charge; failure to so notify www.halalfood.com.au shall result in the waiver by Premium Listing of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by www.halalfood.com.au. No other measurements or statistics of any kind shall be accepted by www.halalfood.com.au or have any effect under this Agreement.
25.1 All payments made under this Agreement are non-refundable.
26.0 LATE PAYMENTS
Any charges which are past due by more than thirty (30) days shall bear interest at the rate of one per cent (1%) per month or the maximum rate permitted by applicable law, whichever is less, and the Premium Listing subscriber shall reimburse www.halalfood.com.au for any costs and fees (including legal fees) incurred by www.halalfood.com.au in an effort to collect any amount due hereunder
27.0 MISCONDUCT
If you act in any way which contradicts these terms and conditions, or
If you act in any way act against the best interest of www.halalfood.com.au or
If you act in any way to undermine the authority of www.halalfood.com.au or
If you act in any way to misrepresent or misuse the Halal Food Label issued to your Venue;
then www.halalfood.com.au has the right to terminate your Premium Listing without warning and may refuse any and all current or future use of the website.
28.0 MODIFICATIONS TO THIS AGREEMENT
www.halalfood.com.au reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
29.0 THIRD-PARTY CONTENT, SITES, AND SERVICES
www.halalfood.com.au and Content available through the Service may contain features and functionalities that may link you or provide you with access to third-party content which is completely independent of www.halalfood.com.au, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organisations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for www.halalfood.com.au to verify information provided by the seller of any item.
You agree that www.halalfood.com.au shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that www.halalfood.com.au is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release www.halalfood.com.au, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
www.halalfood.com.au reserves the right to remove any material displayed on the Site which it reasonably believes is unlawful, could subject www.halalfood.com.au to liability, violates this Agreement or is otherwise found inappropriate in www.halalfood.com.au's opinion. www.halalfood.com.au reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.