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Terms & Conditions for subscription advertising

This agreement is between advertisers/subscribers (You and Your) on any Echo Box Media Pty Ltd (EBM) website.
You agree to advertise your business and or venue/s on EBM’s “Hidden City Secrets” website (EBM website) and EBM agrees to publish your advertisement on the following terms and conditions.

 

1. Contract terms

1.1 On submission of Your subscription form and initial subscription fee EBM will (subject to EBM’s approval of content & imagery of the advertisement) publish Your venue on the EBM website.
1.2 EBM uses third party platforms to legally & securely store Your credit card details (via Stripe) and process Your ongoing monthly or annual payments (via ChargeBee)
1.3 For a new subscription, EBM may require up to 72 hours from receipt of Your subscription and payment to upload Your content to the EBM site.
1.4 EBM subscription fees may increase/decrease from time to time in which event EBM will provide you with notice by email.
1.5 If you do not agree to proceed with any increased monthly or annual subscription fee You must give EBM not less than 7 days’ notice in writing by email to accounts@hiddencitysecrets.com that You wish to terminate Your ongoing subscription.
1.6 Where EBM is unable to process payment from Your credit card provider at any time EBM will follow a ‘dunning’ process for collection of the outstanding fees for a period of up to 15 days.
1.7 Dunning is a process of recovering a missed credit card payment or multiple payments from You, by allowing EBM to retry Your credit card multiple times until payment of Your subscription fee is made. Where the payment fails after the ‘dunning’ process EBM will then terminate your subscription and remove Your advertising on the EBM website.
1.8 Immediate suspension of your account will occur when EBM is unable to collect the monthly subscription fee at the end of the 15 day ‘dunning’ process has been completed without payment receipt
1.9 You can change the nominated credit card by using the links we send You in Your subscription emails.
1.10 EBM subscription fees quoted remain valid for acceptance by You for up to 14 days after the quote has been provided to You by EBM.
1.11 All subscription fees and rates quoted are GST exclusive.
1.12 On acceptance of a subscription for a nominated venue the advertising is for exclusively for that Venue and cannot be transferred by You to another business or Venue without EBM’s prior written approval.
1.13 Where You have more than one venue a separate subscription fee will be due and payable for each venue.
1.14 Where You submit a subscription form EBM may rely on the person that has submitted the subscription to have the necessary authority whether ostensible or otherwise, of the business owner.
1.15 You warrant that the details You provide to EBM are correct and EBM may rely on the accuracy of that information.
1.16 You may pause Your subscription by giving 3 days’ notice in writing by emailing – accounts@hiddencitysecrets.com
1.17 You may cancel Your subscription by giving 7 days’ notice in writing by emailing – accounts@hiddencitysecrets.com
1.18 Any outstanding subscription fees due and payable to EBM must be paid in full upon cancellation of your subscription.
1.19 You are not entitled to any refund for any subscription fees or other payments made to EBM.
1.20 EBM does not provide you with any assurance, representation or guarantee that you or your Venue will derive any financial or other benefits (whether directly or indirectly) from advertising through the EBM website.
1.21 Any statistics provided to You are correct at the time of proposal and may vary from time to time

 

2. Content Approval by EBM

2.1 You will provide at your cost to EBM all content which includes Your branding, images and content written and/or images ( Venue Content) in relation to Your venue.
2.2 You must provide all of your Venue Content in a form and to the standards required by EBM
2.3 Where Your Venue Content is not received by EBM within 7 days of submitting Your subscription, EBM may at its discretion either terminate Your subscription, or provide You with an extension of time to provide such Venue Content.
2.4 EBM may at its absolute discretion prior to uploading Your Venue Content require You to provide a higher quality or quantity of content and EBM shall not be liable in that event for any delay in uploading Your Venue Content.
2.5 You are responsible for Your Venue Content and represent and warrant to EBM that You own all copyright in all such Venue Content.
2.6 You assume all risks associated with Your Venue Content and indemnify EBM from any claims or causes of action by any third party who may claim you have infringed their copyright in Your Venue Content including for all legal costs incurred by EBM (on a full indemnity basis) and any third party costs if any arising from a claim of infringement.             
2.7 You warrant to EBM that the Venue Content does not breach or infringe any third parties intellectual property rights.

 

3. EBM License to use Your Content

3.1 By submitting Your Venue Content to EBM You hereby irrevocably grant EBM a perpetual irrevocable, non-exclusive, fully paid and royalty free, assignable and transferable license to use Your Venue Content and all IP Rights in such Content for the purpose of advertising and promotion of Your Venue on the EBM site for the term of the subscription and any extended term agreed to.

 

4. EBM Intellectual Property

4.1 EBM is the sole and exclusive copyright owner of the name Hidden City Secrets which is a registered Trade Mark.
4.2 EBM also owns all copyright in its website, trademarks, logos, trade names and other intellectual property rights (collectively EBM’s IP Rights).
4.3 You warrant to EBM and agree that EBM’s IP rights constitute valuable intellectual property and you will in no way use or infringe or in any way seek to use EBM’s IP in a way that may cause loss or damage to EBM.
4.4 You acknowledge and agree that damages alone may not fully compensate EBM for a breach of its IP Rights and that EBM may seek injunctive orders from a Court to stop any such infringing conduct.
4.5 You agree that in the event of any dispute or complaint as to the provision by EBM of its services that You will firstly direct the complaint in writing to accounts@hiddencitysecrets.com   
4.6 Each party will act in good faith to resolve the dispute and failing agreement the parties may seek to have the matter resolved by referral to the relevant Small Business Commissioner in the relevant State or Territory in which the Venue operates.

 

5. Confidentiality

5.1 EBM and You agree to retain in confidence and not to disclose or publish in any way nor disclose to any third party without the others written consent any confidential information that either party may receive ( other than if required by Law ) such confidential information includes any statistics and/or in confidence and commercially sensitive information exchanged by EBM, You and/or your representatives.

 

6. Notices

6.1 Any notice required to be given in writing by You must be sent to EBM by email at: accounts@hiddencitysecrets.com 
6.2 Any notice in writing to be given by EBM to You shall be adequately given if sent by email to the email address provided by you upon Your completion of the subscription and booking form

 

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