Terms and Conditions

These are the terms and conditions (Terms and Conditions) which apply to your use of the Website, theonelist.com.au (also referred to as the Website).  This Website is operated by The One List (ABN 58940992044 ) referred to as ‘we’, ‘us’, ‘our’.

By using the Website, you agree to accept these Terms and Conditions.

We reserve the right to revise these Terms and Conditions as set out below from time to time without notice and such revision will take effect from the date it is posted on this Website.  The Terms and Conditions published at the time of your use of the Website shall apply to you.  If you do not agree to accept these Terms and Conditions, you must not use the Website.

 

1.Introduction

1.1 THE ONE LIST (ABN 58940992044) (also referred to as ‘we’ or ‘our’ or ‘us’ or ‘THE ONE LIST’) is an Australian business partnership. We operate an online advertising directory platform via the Website, allowing users to list/advertise and/or source all event needs related to events, parties, special occasions, weddings, formals and other celebrations.

1.2 Definitions: When we refer to ‘ us‘, or ‘ our‘ or ‘ we‘ or similar, we are referring to THE ONE LIST (ABN 58940992044). When we refer to ‘ you‘ or ‘ your‘ or similar, we are referring to you as a Lister and/or User of this Website. Other defined terms and their meanings are:

Australian Law‘ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;

User‘ means a person who browses the Website, being a potential customer of a Product/Service listed on the Website

Intellectual Property Rights‘ means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:

  • (a)graphics programming codes, drawings, computer programs, Website
  • (b)business names, company names, product names;
  • (c)any right to have information kept confidential;
  • (d)patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, Websites, Website designs, Website design methodology, domain names, domain registration, source codes, Website context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
  • (e)phone numbers, fax numbers, email addresses, directory listings; and
  • (f)Twitter, Facebook, LinkedIn, Instagram and other social media.

Product‘ means a good or service advertised by a Lister on the Website;

Lister‘ (also referred to as ‘you’ or ‘your’) means any entity posting a listing on the Website advertising a Product or Service,

Website‘ means the internet Website at the domain theonelist.com.au;

Lister Account’ means the arrangement by which a Lister is given access to the Website to advertise Products or Services;

Subscription‘ means the service provided by THE ONE LIST to Listers by way of a prepaid fee payable by the Lister to THE ONE LIST;

Users‘ means anyone using the Website for any purpose and includes all Listers and all Users;

User Account’ means the account a user may choose to establish to join THE ONE LIST as a member

 

  1. All Users

2.1 Before using this Website, you must read and accept these Terms and Conditions. You agree that these Terms and Conditions will apply whenever you visit the Website.

2.2 As a User of the Website it is your responsibility to verify any information on the Website and to conduct your own investigation as to the quality and suitability of any products/services advertised by Listers.

 

  1. All Listers

3.1 By placing an advertisement on the Website, all Listers accept and are responsible for acting in accordance with these Terms and Conditions.

3.2 You must have clear legal title and ability to sell Products/Services you advertise on the Website in accordance with Australian law, including being a registered business/company and holding an ABN/ACN.

 

Content of Listings

3.3 All Listings must relate to events, parties, special occasions, weddings, formals and other celebrations. We may reject Listings that are not relevant and we reserve the right to cancel and/or amend such Listings, without notice or refund.

3.4 In order to uphold a directory of the highest quality, THE ONE LIST reserves the right to edit your listing in any way to enhance SEO and to be relevant to Users.

3.5 We may withdraw or alter the advertisement or material you send us if it is deemed to be inappropriate in any way.

3.6 Listings on the Website may only include text descriptions, images and content relevant to that particular Product/Service.

3.7 Any phone numbers provided for advertisement must be yours as officially ascribed to you by a telecommunications business or you must have permission and authority to use such phone numbers.

3.8 We reserve the right to verify the information contained in any advertisement. You agree to provide such additional information as we reasonably require. Failure to comply may result in your service being suspended or cancelled and/or removal of the advertisement.

3.9 Listers must not post/submit illegal, prohibited or offensive content to this Website and must not use derogatory terms on the Website. Any Lister who submits such content may be reported to the proper authorities. We reserve the right to immediately cancel and remove, without notice or refund, from the Website, any listing which is deemed by us to contain illegal or prohibited content, derogatory or offensive terms.

3.10 Listers may not include political, religious or controversial material on any Listing or in any other part of the Website. We reserve the right to immediately cancel and remove, without notice or refund, from the Website, any such material.

3.11 Listers must not use this Website to promote any products not permitted to be sold via the Website nor advertise hyperlinks directing Users to other Websites.

3.12 We do not permit the use of the Website to publish anything that could be considered spam, phishing, bulk electronic messaging, or anything else that contravenes Australian Law.

 

Lister Accounts

3.13 In order to list Products/Services on the Website, you must create a Lister Account and subscribe to the Website for at least the Minimum Term (three months). Once a Lister Account is created, these Terms and Conditions apply to you as an agreement with us until terminated:

(a)by a Lister giving THE ONE LIST 30 days’ notice of intention to cancel a subscription; or

(b)by us without notice where there has been a breach of these Terms and Conditions by you as a Lister.

3.14 Any membership cancelled before the agreed minimum period (three months) will result in a termination fee to be decided by THE ONE LIST based on the remaining membership time, cancellation circumstances and package agreement.

3.15 If membership fees are not paid, the account will be turned off-line until the fees have been paid.

 

Fees and payment

3.16 All fees listed on the Website are inclusive of GST.  All subscriptions are processed in $AU currency.

3.17 Once the Minimum Term has expired, we will continue to charge your Lister Account until we have been given one month’s notice of your intention to cancel your subscription.

3.18 In the event that we materially change these Terms and Conditions, we will notify Listers. If you are a Lister, you may terminate the subscription with THE ONE LIST within fourteen (14) days of such notice, failing which you are deemed to have accepted the changes to the Terms and Conditions.

3.19 By creating a Lister Account and agreeing to these Terms and Conditions, you have authorised us to debit funds from your nominated account as they become due.

3.20 By agreeing to these Terms and Conditions you undertake to provide us with details of a valid bank account or credit card sufficient to enable us to debit such account from time to time. You undertake to update or certify these details regularly and advise us if expiry dates or Card Verification Codes (CVCs), Card Security Codes (CSCs) or Printed Card Security Codes (PCSCs) change. We shall not be liable or responsible for the loss or delay of funds due to you as a result of your failure to provide accurate and current payment details in a timely manner.

3.21 We may give you at least fourteen (14) days’ notice in writing of any changes to the Terms and Conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes.

3.22 Fees for any service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms and Conditions.

3.23 All fees are clearly stated on the Website and it is the Lister’s responsibility to consider the fees before they join as a Lister. Placing a Listing on the Website is deemed to be acceptance of these Terms and Conditions and the applicable fees.

3.24 All fees for Listings placed on the Website must be prepaid, unless stated otherwise or prearranged with an authorised representative of THE ONE LIST.

3.25 Any fees paid to us to place a listing on the Website do not grant any Lister exclusive rights of any kind within the Website.

 

Cancellation of subscriptions

3.26 Cancellations of subscriptions must be sent to us in writing via email to hello@theonelist.com.au. We will notify you when your cancellation is accepted by us.

3.27 Service to your THE ONE LIST account will still be maintained after we notify you of the cancellation of your subscription and deactivated the day prior to the subsequent billing date.

 

  1. Intellectual property rights

4.1 The Website is the property of THE ONE LIST and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.  We do not permit data mining of any of the content on this Website in any way.

4.2 No Lister shall be entitled to claim any loss or damage against us for the use, publication, republication, producing, reproducing, modifying, deleting, adapting or publishing any of the information provided by a Lister to us.

4.3 If you submit information to the Website in which you have no Intellectual Property Rights, it is your responsibility to gain permission from the original owner of that information. We may require production of evidence from a Lister of its Intellectual Property Rights in the information submitted.

4.4 We do not claim any Intellectual Property Rights in the content of any Listing other than the content that is authored and published by us. By using this Website, all Listers grant THE ONE LIST a Licence to use any and all of the information provided by such Listers to THE ONE LIST with such Licence to be irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information.

 

  1. Social media

5.1 We may use social media and the Website may provide links to a number of social media Websites, for example Facebook, Twitter, LinkedIn, and Instagram. We reserve the right to change, vary, increase, decrease or desist from its social media presence at any time at our sole discretion.

5.2 We may from time to time host our own social media functions, including blogs,  but are not obliged to do so. We do not necessarily endorse, support, encourage, verify or agree with any comments or opinions posted by third parties and any such posting does not necessarily represent the views of THE ONE LIST. We take no responsibility for all and any content on the Website except for such items which are specifically identified as being content produced by us.

 

  1. Promotion of good business practice

6.1 We aim to promote good business practices and a fair and efficient listings directory. All Listers on the Website must comply with all and any Australian laws or regulations that apply to any Listing for a Product/Service on the Website in which you are involved.

 

  1. Risk & liability

7.1 We accept Listings from Listers in good faith. Listings on the Website for Products/Services are prepared by Listers who are unrelated to us. We take no responsibility for the accuracy of any information of any Products/Services listed and we give no warranties in relation to the authenticity of Listers of the Website.

7.2 We do not warrant or represent that the Products/Services listed on the Website will be suitable for any purpose, or that a Lister has any particular skill, knowledge, qualification or is legally entitled to carry on a particular business. It is your responsibility to verify any information on the Website and to conduct your own investigation as to the quality and suitability of any products/services advertised by Listers.

7.3 Some information on the Website may be uploaded by Listers from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Website does not imply our endorsement or liability in respect of such content.

7.4 We do not warrant and do not represent that our website and the content on our website, or third party websites, are free from viruses or other defects. We provide content on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your access to or use of our website.  If you enter a third party Website from THE ONE LIST Website, you do so at your own risk.

7.5 We do not warrant that your access of our website will be uninterrupted, timely, secure or error-free.  Your access to this website may be suspended in the case of system failure, maintenance, repair or any reason beyond our control.  To the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Website or inability to use the Website even if we have been advised of the possibility of damages.

7.6 If you are the subject of an interview/article/content of any sort appearing on the Website, you accept the editorial decisions of the final product. You also accept the possibility that errors can occur. In the case of an error being identified, we will make every effort to amend these errors in a timely manner but we will not liable for any adverse consequences or loss arising from any such error.

7.7 All reasonable care will be taken while compiling the Website’s content, including advertising content. Nevertheless, we do not warrant or represent that the Website is complete, current or free from typographical or other errors, or omissions. Information, Listings, software and product descriptions may include inaccuracies.

 

  1. You may request amendments to these Terms and Conditions

8.1 Nothing in these Terms and Conditions preclude a User from approaching us and requesting to amend or qualify parts of these Terms and Conditions in their particular case. Such requests should be send in writing via email to hello@theonelist.com.au. These Terms and Conditions will continue to apply to you and your use of the Website, unless qualified or amended in writing signed on behalf of THE ONE LIST and expressly identified as an amendment of these Terms and Conditions.

 

9.Relationship of parties

9.1 By using this Website you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Terms and Conditions other than the agreement to host your listing on the Website and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with THE ONE LIST.

 

10.Applicable law

10.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Queensland, Australia.

 

No waiver

10.2 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them.

 

Last Updated on 7 July 2018 by THE ONE LIST ABN 58940992044

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