Business Service Agreement
This document is also referred as "Business Terms and Conditions" or "Terms and Conditions for Businesses" from context of some other documents on the website.
In additional to the general terms and conditions of use of website, Businesses should also agree to the following terms and conditions to be able to use our system and platform. By uploading a business listing / creating an account in our system you have explicitly given us consent and agreed to be bound by the following terms and conditions.
License for your uploaded content
By uploading your company profile or / and business listing information (including pictures, texts and videos) you explicitly gave Soft Media Australia Pty Ltd (owner and operator of website: oz88.com.au) a non-exclusive, royalty-free, world-wide, perpetual license to store, use, edit, modify, re-format, transmit, exploit your content / material in any form and for any purposes. You also explicitly gave a non-exclusive, royalty-free, world-wide, perpetual license to store, use, edit, modify, re-format, transmit, exploit your content / material in any form for non-commercial purposes for each website user of oz88.com.au unless expressly stated otherwise.
Intellectual property and copyright
If your uploaded content contains copyrighted material you should expressly state it in your content and put your company logo on your texts / pictures / videos where applicable. If your content contains third party copyrighted material you should acknowledge the source or expressly state it clearly and use such material strictly following the related copyright notice / license accordingly.
If third party lodges copyright claim / complaint to you, you are obliged to remove / replace such copyrighted material from your company profile / listing or business listings. You can do this from your account control panel under "update company profile" or "update business listings" section. We may, under request from third party, send notice to you and ask you to do so to comply with our terms and conditions of use for Businesses set here. If you don't take action to remove / replace such copyrighted third party material from your company profile / listing or business listings within certain period of time (generally within 72 hours after we send notice to you by email unless specifically stated otherwise) we will remove / replace such material from our end. You gave us consent that we can remove / replace such copyrighted material from our end under request from the third party regardless whether we have sent notice to you or whether you have received our notice. Soft Media Australia treats copyright claims seriously and will take necessary steps to remove such copyrighted material from our system / website / platform.
For advertising banners supplied by our customers, we don't claim copyright and copyright remains as is for our customers. However, we have the right to display, use or modify these banners under customer's request. Customers can replace, edit, modify these banners by themselves. For advertising banners designed by us, we hold copyright and a written permission is required from us for third party to use these banners except for the related advertising customers. We generally give license to the related advertising customers to reuse their banner(s) if they wish.
Your account and email address
With a valid email address when you uploading your business listing you will have the ability to reset your password in the future if you have forgotten your password. Furthermore, we may use this email address to provide communication between you and the system so you will receive alert message from our system if your account is locked for protection by the system due to too many failed login attempts.
Please note our system will not verify the validity of your email address. It's your responsibility to use a valid email address to create your account. We will not be liable if your account has been locked for protection by the system under brute force attack and you are not able to reset your password using your registered email address later on. You may also have difficulty to claim your account if your email address is invalid or contains errors as you may not be able to pass our verification procedure to regain your account.
For security reasons and to protect Businesses' accounts, We will not provide assistance regarding your account claim if you don't pass our strict and lengthy verification procedure.
By uploading a business listing / creating an account in our system, you agree that:
- You will be solely responsible for content uploaded to our website and Soft Media Australia Pty Ltd and company employees will not be responsible for any legal matters arising from such content.
- You will be solely responsible for goods and services described in your advertising banners / business listings and make sure such goods and services are legal in your trade / industry under local laws. Soft Media Australia Pty Ltd and company employees will not be responsible for any legal matters arising from such goods or services.
- Businesses should abide local laws and comply to trade licensing rules and requirements before posting / uploading their goods and services to our website.
- Businesses should check local PLA (Prostitution Licensing Authority) regulations regarding advertising before submitting their listings as different state / territory may have different laws and regulations governing the adult service industry advertising.
By uploading a business listing / creating an account in our system, you agree not to do the following:
- send junk, spam or unsolicited emails;
- pose security threat or harm the website or other people using the website;
- impersonate or abuse people using the website;
- disclose user name and password to third party;
- do other unlawful activities restricted under local laws in your country;
Businesses should take necessary measures to keep their user name and password secure and in high confidentiality. Soft Media Australia Pty Ltd will not be responsible in cases of data loss or data modification without your authorization if your user name or password is compromised.
You should inform us immediately if you notice your account has been compromised and may have been accessed by unauthorized person.
Soft Media Australia will put every effort to secure your account and data including but not limited to applying SSL and other access control measures. Due to the nature of internet and technology advancement, certain internet attack or virus may interrupt our system in unforeseen circumstances. Soft Media Australia utilizes data servers / data centres worldwide, as such, control over those data servers / data centres are quite limited. In most cases, our service providers / partners control and manage these data servers / data centres ranging from server operating system, framework, security patches, etc. Your account and data security is inevitably relying on these service providers / partners heavily. Soft Media Australia will do our part in securing our system and platform in the highest regard.
Language using in the system
Although our system can handle multiple languages, oz88.com.au is servicing English speaking communities in Australia and New Zealand, all Businesses from Australia and New Zealand should use English only in the system. If we receive abuse report from public or if we notice certain Business is using language other than English in the system, we reserve the right to delete Business account or related business listings or both.
Free listing after trial period
All businesses enjoy first month free trial listing after submission. After the first month trial period businesses are advised to upgrade their free listing to Gold / Silver listing. We may ask certain business to upgrade to Gold / Silver member or pay a small fee after the free trial period. If they are not happy with the free listing and decide not to continue to use our platform they should delete the free listing via the admin control panel by themselves or ask our technical department to do so.
Picture / Photo quality guideline
Pictures / Photos uploaded by Businesses for their company profile or business listings should look professional. Good quality pictures / photos actually benefit company profile and business listings and make them stand out. business listings with good quality pictures will also result in nice thumbnails in the business search result and will attract much more visitors. If we receive public complaint regarding your picture / photo quality issues or if we notice such pictures / photos are far below standard by random manual check, we reserve the right to delete your account or related business listings or both from our system.
Banner quality guideline
For Businesses who design top banners by themselves, banner quality should be observed. In general banner design should look professional as opposed to ugly, picture / wordings in the banner should not be offensive in nature. The overall colour / feel should match our webpage design and won't interfere too much with other contents on our webpage. We reserve the right to ask Business to change / modify banner design and resubmit the top banner if we receive complaint / report from public. You give us consent we may remove / replace such banner from our end if necessary.
Data storage and disclosure
Soft Media Australia utilizes worldwide data servers and data centres from our service providers / partners, as such, data within these data servers and data centres may be subject to local law governance of the specific country. Our service providers / partners may have their law obligations regarding data storage and disclosure in their own country.
Auto-Deletion of Inactive Account / Very Old business listings
As part of the house keeping procedure, Business accounts which are not accessed / logged in within 3 years time will be deemed as inactive and will be deleted automatically by the system. By deleting the account, all data / pictures / company profile / business listings associated with the account will be deleted as well automatically. For very old business listings more than 3 years old since the last update (or the first uploaded date, whichever is later), system will delete these business listings automatically from Businesses' accounts. You have acknowledged that you are aware of these house keeping measures of the system and you have given us consent that Soft Media Australia will not be liable for any data loss due to this auto-deletion procedure by the system.
About Goods and Services Tax (GST)
As an Australian registered company, Soft Media Australia will apply GST (Goods and Services Tax) amount to Australian Businesses only under Australian tax obligation. We don't charge GST to Businesses from other countries outside of Australia. Consequently Businesses from outside of Australia won't be able to claim GST input from their company tax in their own country where applicable. There is no GST amount reflected or applied on the invoices for those Businesses from countries outside of Australia.
Refund is not available if you change mind after payment or if you want to terminate your advertising service before the current ad expires, or if we remove your ad under government agent's request due to illegal activities.
Disclaimer and limitation of liability
Soft Media Australia will not be liable for any data loss / modification or any financial damage / loss from any action at our end, or from any service or system interruption, suspension, delay of communication or transmission, virus, hardware / software failure, internet breakdown, etc. You acknowledge that we are not responsible for any conduct or harm caused by other users using our system in any circumstances. Furthermore, you consent to us that Soft Media Australia Pty Ltd reserve the right to lock / suspend / delete / refuse any Business account and delete / modify / edit data under that account whenever necessary when we find certain Business has violated our terms and conditions of use, or we deem certain content / material is offensive in nature or certain account activity has posed security risk to our system or to other users of our system, or we notice certain account has disrupted the normal operation of our system / website / platform.
Legal matters will be governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales, Australia for any legal matter or dispute which arises from the above context.
The above set terms and conditions may be updated from time to time without notice. If some clauses or terms contradict to the previous one, the current version will apply. It's your responsibility to check the current version (refer version date below) whenever possible and keep yourself informed. You agree that if you find the current version has contradicted to the previous one and if you don't agree to the current terms and conditions anymore, you should stop using the service and delete your account / company profile / business listings from our system immediately where applicable.
Current document version: Jan 2019