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Advertising
Terms & Conditions
These Standard
Terms and Conditions for Advertisers are incorporated
into the Advertising Agreement between "Goholi PTY LTD"
("Goholi ") and the entity advertising ("Client"). The
provisions of the Advertising Agreement also include
the terms (and all details given by the Client) as part
of the Account Signup process and/or as part of the
link or banner placement process and any commercial
discounts applied in favour of specific Clients off
the Goholi published rate card. All of these documents
are referred to as the "advertising agreement". In order
to participate in "Goholi" advertising programs you
must agree to these terms and conditions before opening
an account. By signifying your agreement to these Terms
and Conditions you are entering into a binding and enforceable
legal agreement with "Goholi". Please read these Terms
and Conditions carefully before registering for and/or
using "Goholi" advertising Programs. If you do not agree
to the Terms and Conditions, please do not register.
This Advertising Agreement, including pricing and payment
terms, is subject to change at any time without notice.
All bookings, orders or other requests by the Client
for advertising on the "Goholi" website's are governed
by these Standard Terms and Conditions. No other conditions,
provisions or terms of any sort appearing in any documents
or communications made in connection with any order,
including without limitation those contained on or accompanying
any cheques or other forms of payment, will be binding
on "Goholi" whether in conflict with or in addition
to these Standard Terms and Conditions. Orders which
quote rates other than Goholi's then current rates will
not be binding on "Goholi" and will be deemed requests
for advertising on the terms of this Advertising Agreement
at Goholi's then current rates.
CONTRACT
/ AGREEMENT:
The contract is between Goholi Pty Ltd (Incorporating
it's group of owned, contracted and leased websites)
- either operator or agent - and any person (client)
intending to advertise on it's sites. This agreement
shall be interpreted in accordance with the law of the
Northern Territory in the Commonwealth of Australia.
The actions, claims, demands or suits arising out of
this agreement shall be exclusively justifiable in the
courts of the said territory. Goholi Pty Ltd has the
sole authority to vary or omit any of these terms.
SUBMITTED
CONTENT
The Client represents and warrants to Goholi that it
is authorised to publish the entire contents and subject
matter of all advertisements or integration content
submitted to "Goholi" (including, without limitation,
all text, graphics, icons, photographs, materials provided
for production purposes, URLs, and sites to which URLs
are to be linked), and that all contents and subject
matter will comply with all applicable laws, regulations
and relevant industry codes. If the relevant advertisement
or integration content includes any information on a
competition or promotion, the Client: i) acknowledges
and agrees that "Goholi" is not the promoter ii) will
ensure that the advertisement does not imply that "Goholi"
is the promoter. iii) Will ensure that the correct identity
of the promoter is set out on the website represented
by the hyperlink embedded in the advertisement, and
IV) will ensure that all applicable permits have been
obtained, and all applicable regulations governing the
conduct of the relevant competition/promotion have been
complied with. The content will not be excepted for
the following subjects pornography sites, violence sites,
chat rooms, any sites we seem deemed as not acceptable
as to compliment the information supplied in our sites.
INDEMNITY
The Client agrees unreservedly to hold "Goholi Pty Ltd"
harmless (including all of its officers, sub-contractors,
agents employees, associate websites and affiliates)
from and against any and all loss, damage, liability
and expense (including all reasonable legal fees) suffered
or incurred by reason of any claims, proceedings or
suits based on or arising out the publication of, or
any act or inaccuracy in relation to, the advertisements
or integration content, including but not limited to
claims related to defamation, contempt of court, rights
of publicity and/or privacy, copyright infringement,
trade mark infringement, misleading or deceptive conduct
and any failure to comply with or fulfill any representations,
warranties or agreements made in the relevant advertisement
or on any website represented by a URL shown or embedded
in the relevant advertisement or any object in such
advertisement.
BREACH
OF SECURITY
Not withstanding the security precautions taken against
disclosure of information, there are certain conditions
that exist on the Internet generally which are outside
of "Goholi" control and could result in a breach of
security. Accordingly, "Goholi" cannot guarantee that
your data information will be free from corruption or
piracy. You hereby expressly relinquish any claim against
"Goholi" arising out of the loss of data through corruption,
piracy, and breach of security or for any other reason
that is not based on intentional or grossly negligent
actions of "Goholi". DELIVERY "Goholi" reserve the right
to cancel any advertising order or reject or edit any
advertising copy. (Including at any time after the commencement
date). Any failure by "Goholi" to publish any advertisement
or to integrate any particular item of content will
be deemed to constitute a dismissal of the order for
such advertisement, but does not constitute a breach
of contract or otherwise entitle the Client to any legal
remedy. "Goholi" shall not be liable for delays or failure
of performance resulting from Internet Service Provider
delivery problems or failure. "Goholi" shall not be
responsible for acts or causes beyond their control,
including but not limited to: acts of God, strikes,
lockouts, communications line or equipment failures,
power failures, earthquakes, or other disasters.
RATE
CHANGES
All of "Goholi" advertising and production rates are
subject to change at "Goholi" sole discretion. "Goholi"
will use reasonable efforts to publicize all advertising
and production rate changes at least six (6) days in
advance of their effective date. In the event "Goholi"
makes a rate change in respect of a period (or any portion
thereof) for which the Client has placed an order for
advertising, "Goholi" will allow the lower rate to apply
for the remainder of the then current term, after which
time, if the agreement is extended or renewed, all rates
will be adjusted in accordance with Goholi's then current
advertising and production rates and amended thereafter
as notified by "Goholi". The Client acknowledges, warrants
and undertakes that any and all terms offered to them
in respect of any documentation comprising this Advertising
Agreement is Confidential Information and shall not
be disclosed to any third party without the prior written
consent of "Goholi". In the event that the Client breaches
their confidentiality obligations to Goholi, "Goholi"
reserves the right to cancel all advertising without
delay, and to pursue the Client for all equitable relief
including damages.
LINKS
TO WEBSITES
The Client warrants and represents to "Goholi" that
each website represented by any URL shown or embedded
in any relevant advertisement or any object in any such
advertisement or in any integration content: (i) is
controlled and operated by the Client, its independent
contractors or a client of the Client (in the event
the Client is an advertising agency applying on behalf
of its own client), (ii) will be functional and accessible
at all times, (iii) will at all times operate in compliance
with all applicable laws, regulations and relevant industry
codes, and (iv) is suitable in all respects including
subject matter to be linked to from the "Goholi" website
containing the advertisement or integrated content.
"Goholi" may test all relevant URLs, and may remove
any URLs which in Goholi's sole opinion fail to comply
with the any of the above necessities at any time.
WEBSITE
CONTENT
"Goholi" may at times change the content of the
URL page of the Goholi website at will where an advertisement
appears. this content will be to enhance the page and
not change the pages General primary target market division
such as 'Travel', 'Tourist Attractions', 'Food', B'usinesses'.
PAYMENT
By submitting a request for a linkbutton, directory
listing, tower add, video add, banner add, text add
or graphical banner in the form of a written order to
"Goholi", the Client agrees to be liable for all relevant
fees and costs of such order. Unless otherwise indicated
in the relevant order and agreed to by "Goholi" in writing,
the Advertising Agreement commences on the date the
advertisement appears on the public site and will continue
for the term set out within. The Client will be required
to provide credit card details by a secure payment form
to receive payment prior to publishing of any advertisement.
No termination or expiration of the Advertising Agreement
will terminate or otherwise affect the warranties and
indemnities provided by the Client herein which will
continue in respect of this Advertising Agreement and
any subsequent and/or other advertising agreement between
the parties, and all such warranties and indemnities
will survive and remain in full force and effect in
respect of the performance of all of the Client's relevant
obligations.
NO REPRESENTATIONS
OR WARRANTIES; NO DAMAGES:
The provisions of this paragraph are subject to the
terms of the following paragraph regarding Australian
consumer warranties. Goholi's services which are the
subject of these Standard Terms and Conditions for Advertisers
are provided without warranties of any nature, and "Goholi"
disclaims all warranties, express or implied, including
without limitation any implied warranties of merchantability
and fitness for a particular purpose. In no event will
"Goholi" be liable for any form of loss, damage, liability
or expense whatsoever including but not limited to consequential,
indirect, incidental, or special damages, damages for
loss of profits, business interruption, loss of or Unauthorised
access to information, and the like, even if "Goholi"
has been advised of the possibility of such damages.
AUSTRALIAN
CONSUMER WARRANTIES:
If this Agreement constitutes a supply of goods or services
to a consumer as defined in the Australian Trade Practices
Act 1974 or relevant legislation in force in Australian
States or Territories ("the Acts") nothing contained
in this Agreement excludes, restricts or modifies any
condition, warranty, right or remedy pursuant to which
the Acts are applicable or is conferred on the Client
where to do so is unlawful, in which event Goholi's
liability (or the liability of any of its affiliates)
for any breach of this Agreement, including any liability
for consequential loss which the Client may suffer or
incur will be limited as "Goholi" may elect in its sole
discretion, in the case of services supplied or offered
by "Goholi", to either (a) the supplying of the services
again; or (b) the payment of the cost of having the
services supplied again or, in the case of goods supplied
or offered by "Goholi", (c) the replacement of the goods
or the supply of equivalent goods, (d) the repair of
such goods, (e) the payment of the cost of replacing
the goods or acquiring equivalent goods, or (f) the
payment of the cost of having the goods repaired.
NO USE
OF THE "Goholi" NAME:
In concern of "Goholi" a review for acceptance of any
advertising for publication, the Client agrees not to
make promotional or merchandising reference to "Goholi"
or any of "Goholi" affiliates in any way except with
the express written authorisation of "Goholi".
GENERAL
PROVISIONS:
These Standard Terms and Conditions for Advertisers
embody the entire agreement between the parties and
supersede all prior and contemporaneous agreements,
arrangements and understandings between the parties
with respect to its subject matter. All existing advertising
agreements between the parties (if any) are by agreement
of the parties hereby terminated and of no further legal
effect except for any provisions in such agreements
which are expressed to survive termination or expiration.
This agreement does not create a joint venture, partnership,
employment, or agency relationship between "Goholi"
and the Client. "Goholi" will not be taken to have waived
or modified any of term of the Advertising Agreement
except by an express statement in a document signed
by a duly authorised representative of "Goholi". The
Client may not assign any of its rights in this Advertising
Agreement without the prior express written consent
of "Goholi". This Agreement, including any of Goholi's
rights or obligations under it may be assigned by Goholi
on notice to the Client, provided that the relevant
assignee undertakes to perform all of Goholi 's obligations.
If any provision of these Standard Terms and Conditions
for Advertisers is found invalid or unenforceable pursuant
to judicial decree or decision, the remaining provisions
will remain valid and enforceable, and the unenforceable
provisions will be taken to be modified to the extent
necessary to make them enforceable. "Goholi" may send
electronic mail to the Client for any notices or notifications.
All notices to "Goholi" relating to any legal claims
or matters must be made in writing to:
Managing
Director
Goholi Pty Ltd
GPO Box 3410 Darwin NT 0801 Australia
Above are
the Terms and Conditions for Goholi Pty Ltd website
advertising space governing this website. Please take
your time to read through and understand them. If you
have any questions please don't hesitate to contact
us by phone or email. Unless we hear from you that you
can't access this information before your booking of
the add it will be generally understood and accepted
by all parties that you have successfully accessed all
links then read and understood the terms and conditions
of Goholi Pty Ltd.
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