TERMS OF USE | SAAR® MEDIA

April 7, 2022 2022-06-04 1:37

TERMS OF USE | SAAR® MEDIA

SAAR® MEDIA WEBSITE – TERMS OF USE

1.​​INTRODUCTION

  1. Welcome to the SAAR® Media website located at www.saar.com.au (“Website”) which is owned and operated by SAAR® Media & Entertainment Pty Ltd (ACN 607 723 277) (“Company”, “Us”, “We”, “Our”).

  2. The Website makes available high-quality digital marketing and advertising services for purchase (“Services”).

  3. Please read these Terms of Use carefully. By accessing and using the Website, you become a user of the Website (“User”, “you”, “your”) and you agree to be bound by these Terms of Use and our Privacy Policy located at www.saar.com.au/privacy-policy/. These Terms of Use constitute a legally binding agreement between you and the Company (“Agreement”).The Company reserves the right to alter, modify, add to or change in any way, any provision of these Terms of Use and may, in its absolute discretion, limit or expand the services and Services available via the Website, without giving prior notice to its Users. It is your responsibility to check the Terms of Use each time you use the Website. 

  4. The Company reserves the right to alter, modify, add to or change in any way, any provision of these Terms of Use and may, in its absolute discretion, limit or expand the services and Services available via the Website, without giving prior notice to its Users. It is your responsibility to check the Terms of Use each time you use the Website. 

​2. SERVICES & CHECKOUT

  1. When you view a listing for a Service via the Website, the listing shall include the price of that Service, a description of that Service and any other relevant information with respect to that Service. 

  2. In order to purchase a Service, you must complete the “Check Out” process whereby you must:

    a. pay the Company the fees applicable to that Service (“Fees”); and

    b. where applicable, enter and confirm your contact details 

  3. Once you complete the Check Out process, you will receive a confirmation by email of your Services purchase. This email confirmation is an acknowledgement of your purchase but will not constitute the Company’s acceptance of your purchase. 
  4. The Company shall contact you to provide you with a Service Agreement for signing (“Service Agreement”). The execution of this Service Agreement shall constitute the Company’s acceptance of your Services purchase.  
  5. The Company will use its best efforts to make available its Services, however, the Company makes no guarantee that any Services offered via the Website shall be available. 
  6. The Company reserves the right at any time to modify or discontinue its Services and/or to change the information contained on the Website at any time without providing notice to you. 

3. PAYMENT

  1. All Fees payable to the Company must be made via Stripe, and such payment is subject to Stripe’s User Agreement which can be read here: https://stripe.com/en-au/checkout/legal.

  2. The Company is not responsible for any payment of Fees processed (or not processed) and may offer other methods for payment from time to time.

  3. In the event that the Company does not receive payment of the Fees in full, the Company has the right, in its sole discretion, to cancel your Service purchase. 

4. CANCELLATIONS

  1. Any cancellations of your Services purchase shall be in accordance with your Service Agreement. 

5. TERMINATION & SUSPENSION

  1. If the Company determines that you are in breach of this Agreement, the Company, in its sole discretion and without notice, has the right to limit access, suspend or terminate your Account and/or refuse or limit any and all current or future use of your Account and/or the Website. Such suspension or termination shall not release you of any obligations existing at the time your Account is suspended or terminated. In addition to terminating the Agreement, the Company will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.
  2. You have the right to terminate your Account via your Account’s page or by contacting the Company.
  3. If you are in breach of this Agreement and/or your Account is terminated, suspended or otherwise limited, any purchase for Services placed but not yet commenced may be cancelled in the Company’s sole discretion.
  4. The following sections of these Terms of Use will survive termination: Termination & Suspension; Intellectual Property Rights; User Warranties; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.

6. INTELLECTUAL PROPERTY RIGHTS

  1. Except for third party data or as otherwise stated, all other parts of the Website are owned or controlled by the Company or third parties that have authorised such use, including but not limited to all trademarks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Website (“Company Materials”).

  2. All rights are reserved. The Company Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms of Use, without the prior written consent of the Company.

  3. The Company is the sole owner of all intellectual property in its Services and you must not copy, reproduce or adopt the designs embodied in any Services for any use, including but not limited to developing your own services or for any other purpose outside of this Agreement. 

7. USER CONDUCT

  1. AS A USER, YOU WARRANT TO THE COMPANY AS FOLLOWS:

a. THAT ALL DATA UPLOADED TO THE WEBSITE IS CURRENT, TRUE AND ACCURATE AND DOES NOT CONTAIN ANY VIRUSES, TRACKING SOFTWARE OR OTHER PROGRAMMING ALGORITHMS THAT INTERFERE WITH THE COMPANY’S PRIVACY, DATA OR COMPUTER SYSTEMS;

b. IF YOU ARE USING THE WEBSITE OR AGREEING TO THESE TERMS OF USE ON BEHALF OF ANOTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO A COMPANY OR OTHER ORGANISATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THE TERMS OF THIS AGREEMENT; AND

c. TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING AUSTRALIAN CONSUMER LAW), THE COMPANY WILL NOT BE IN ANY WAY LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY OF ITS SERVICES. 

9. INDEMNITY

  1. You indemnify the Company and its officers, directors, employees, contactors and licensors against any and all costs, loss or damage suffered or may incur by reason of any third party data imported into the Website, the access and use of the Website and/or any breach or alleged breach of this Agreement by you. 
  2. Should the Company, in its sole discretion, determine that you have breached these Terms of Use, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

10. NO WARRANTIES AND LIMITATION OF LIABILITY

  1. To the fullest extent permitted by law (including the Australian Consumer Law), the Website is provided on an “as is” basis and without representations or warranties of any kind to you, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of the Website will be uninterrupted or error-free. The Company does not represent that the Website will be secure or free of viruses or other harmful material or elements, or that any Company Materials will be correct, accurate, timely or complete.
  2. The Company may direct you to third-party websites, and is not responsible for the content, the accuracy of the information and any products or services available on such third-party websites and/or for any damage of any kind arising from your access or use of such third-party websites. 
  3. To the fullest extent permitted by law (including the Australian Consumer Law), the Company has no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the use of the Website and/or any of its Services, including but not limited to any changes, errors and/or misrepresentations made via the Website, the lack of access to any part of the Website or third party provided to the Company, the termination or suspension of the Account, and/or any modification or discontinuance of any Services.

11. ASSIGNMENT

  1. You acknowledge that this Agreement is personal to it and you cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of the Company. The Company reserves its right to assign the provisions of this Agreement at any time.

12. GOVERNING LAW AND JURISDICTION

  1. These Terms of Use and the access and use of the Website shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, you accept that any dispute under these Terms of Use or arising out of access and/or use of the Website shall be subject to the jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, you hereby submit to the jurisdiction of such courts for such purposes.
  2. You are solely responsible for compliance with any applicable laws of the State, Territory or Country from which you access the Website.

13. ENTIRE AGREEMENT

  1. This Agreement shall constitute the entire agreement and understanding between you and the Company concerning the subject matter hereof and supersedes all prior agreements and understanding of you and the Company with respect thereto.
  2. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

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