Terms and Conditions

These are the Terms & Conditions for use of the Castlemaine Classifieds network which you may access in several ways, including but not limited to the internet, PDAs, mobile phones and RSS feeds. These Terms & Conditions apply whenever you access the network, regardless of how you access the Site.

  1. Use of the network
    1. Castlemaine Classifieds (Castlemaine Classifieds) is the owner and operator of the network of websites operated by Castlemaine Classifieds.
    2. Users of the site, including Advertisers and Members (Users) agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the network (Terms & Conditions), which are subject to change at the sole discretion of Castlemaine Classifieds. Your use of and access to this network indicates your acceptance of these Terms & Conditions, as they exist at that time.
    3. The site is made available for personal use only. You may not use the Site or the Directory contained on the Site for any commercial purpose (other than for the adding to or correcting of information contained in the Directory), in accordance with the Terms & Conditions, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from Castlemaine Classifieds.
    4. Content (Content) refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the site or directory.
  1. User’s Obligation
    1. Users will not:
      1. Use the Website for any purpose or in any way which is contrary to the Terms & Conditions or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
      2. Submit or otherwise link to any site within the network, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
      3. Damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong Castlemaine Classifieds or do anything that compromises the security and/or stability of the network;
      4. Use the network in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or
      5. Send automated queries of any kind to the network or the Directory without Castlemaine Classifieds express written permission.
  1. Review / Comment Terms of Use
    1. Castlemaine Classifieds claims copyright over the content posted in its review/ comment section.
    2. Reviewers agree:
      1. To abide by the Terms & Conditions;
      2. To provide accurate, current and complete information at all times;
      3. To be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other materials whether publicly posted or privately transmitted to and from the account;
      4. Not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;
      5. Post or upload Multimedia Content which contains hidden code or images which do not relate to or alter the intended meaning of the original Content; and
      6. That Castlemaine Classifieds has the right to delete any entry without providing any reasons.
      7. You agree that Castlemaine Classifieds can use that Content in any way, now and in the future. Castlemaine Classifieds also reserves the right not to use the Content you submit.
      8. You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law.
      9. You indemnify Castlemaine Classifieds against any and all legal fees, damages and other expenses that may be incurred by Castlemaine Classifieds as a result of a breach of the above warranty.
      10. Unless otherwise stated, Users waive any moral rights in your contribution for the purposes of its submission to and publication on the Site
  1. Privacy
    1. Castlemaine Classifieds will collect, use and disclose any personal information in accordance with its Privacy Policy. Users acknowledge Castlemaine Classifieds’s Privacy policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy Policy.
  1. Liability & Indemnity
    1. Castlemaine Classifieds does not warrant the accuracy of the content on the site.
    2. Castlemaine Classifieds will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to the network.
  1. General

These Terms & Condition shall be governed by and interpreted in accordance with the laws of Queensland.

Advertising Terms and Conditions

  1. Acceptance of Terms
    1. All Advertisers agree to be bound by the Terms & Conditions terms and conditions agreed to in the advertising contract as well as these additional terms and conditions, as applicable.
    1. These Terms and Conditions supersede any previous terms and conditions whether in writing or verbally.
    1. Castlemaine Classifieds may vary these terms and conditions at any time without notice, and such changes will be effective as soon as they have been posted on our website.
  1. Advertiser Content
    1. Advertiser is responsible for uploading and updating their information on the Website.
    1. Castlemaine Classifieds takes no responsibility for any of the Advertiser Material.
    1. Castlemaine Classifieds may remove, revise or refuse to publish any Advertiser Material.
    1. Castlemaine Classifieds reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to Castlemaine Classifieds;
    1. The Advertiser acknowledges and agrees that Castlemaine Classifieds may provide the Directory from time to time for publication on another website. Castlemaine Classifieds does not warrant that the Advertiser’s listing in the Directory will be published or continue to be published on an internet site that is a distribution partner of Castlemaine Classifieds.
  1. Termination / Cancellation Policy
    1. Advertisers are only able to terminate their contract during their minimum term agreement under the following conditions:
      1. A cooling off period of five (5) business days will apply to all Contracts where an Advertiser may cancel their booking. No cancellation fees will be incurred and a refund will be provided for any future monies paid in advance.
      2. The Advertiser acknowledges that any cancellation request for Premium Listings or banner advertisements that is received within six (6) calendar months of contract start date will incur a cancellation fee of 50% of the value of the contract period. If a Basic Listing product is cancelled at any time during the 12 month contract, the total purchase price remains due and payable.
    2. Following any minimum term as agreed at the time of booking, Advertisers may terminate their Contract with Castlemaine Classifieds with 30 days written notice.
    3. Castlemaine Classifieds retains its rights to take any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.
  2. Liability and Indemnity
    1. Castlemaine Classifieds limits its indemnity for any error or omission on its part to refund of the advertising fee.
    2. The Advertiser indemnifies Castlemaine Classifieds against any successful claim by any third party against Castlemaine Classifieds in respect of any matter arising from the operation, use, transfer of data or money to and from Castlemaine Classifieds by the Advertiser.
    3. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with Castlemaine Classifieds, the Advertiser indemnifies Castlemaine Classifieds and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and,
    4. Without limiting the generality of the above, Advertisers and or advertising agencies indemnify Castlemaine Classifieds and its directors, employees and agents against any claims arising from:
      1. defamation, libel, slander of title;
      2. infringement of copyright;
      3. infringement of trade marks or names of publication titles;
      4. unfair competition;
      5. breach of trade practices, privacy or fair trading legislation; and
      6. violation of rights of privacy or confidential information or licenses or royalty rights or other intellectual property rights.
    5. Advertiser indemnity: The Advertiser indemnifies Castlemaine Classifieds for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.
    6. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with Castlemaine Classifieds without the prior written consent of Castlemaine Classifieds.
  3. Intellectual Property
    1. All intellectual property in relation to material included on the Website belongs to Castlemaine Classifieds or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything that interferes with or breaches those intellectual property rights.
    2. Comments or reviews entered using the review system remain the intellectual property of Castlemaine Classifieds and are not to be reproduced in any form by an Advertiser without the written consent of Castlemaine Classifieds.
  4. Privacy
    1. Castlemaine Classifieds collects your personal information to assist us in providing the goods or services you have requested, to process your competition entries, and to improve our products and services. We or any of our related entities may be in touch by any means to let you know about goods, services, or promotions which may be of interest to you. We may also share your information with other persons or entities who assist us in providing our services, running competitions or with other companies who provide prizes for competitions or reader offers.
  5. General
    1. These terms and conditions are severable: If any part of these terms and conditions are unenforceable the remainder will not be affected.
    2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in Victoria. These terms and conditions shall be governed by the laws of the state of Victoria. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.