Agreement – means the terms and conditions on which you are allowed to use our Website and our Services. Customer, you, your, you’re – means an individual or company who has used our Website to purchase our Solutions Images – means the photos and / or videos you upload to our Website. Individual Purchases – means the purchase of one or more Solution on an as needed basis and not part of a Subscription. Material – means the content we provide back to you as part of the Solution. Material can include but is not limited to video footage, photographs, printed products, electronic templates and scripts. Properties or Property – means the property the Customer is looking to purchase the Solution for. Solutions – means the services we offer via our Website which include graphic design, email marketing, print and mail services, mini websites, property videos, property profiles and photo retouching. Subscription – means a monthly pre-payment made by you to purchase the Solution/s available via a subscription. Subscriptions will be promoted for purchase via the Website. Team – means our employees, independent contractors and representatives (“our Team”). Term – the term of this agreement will be in perpetuity unless otherwise cancelled by us or you under the Cancellation provision of the Agreement. Website – means www.wepromote.com.au We Promote, us, we, our – means We Promote Pty Ltd ABN 43 612 438 598, trading as We Promote.
We are a virtual marketing service, offered through our Websites. We provide marketing Solutions that include email marketing, property profiling, photo retouching, mini websites, promotional videos, and listings generation for the real estate market. You can purchase these Solutions via our Website through either a monthly Subscription or individually – depending on the Solution. This Agreement defines the terms and conditions under which you’re expected to use the Solutions and how we’ll treat you while you’re a Customer. If you have any questions about this Agreement please contact us via our Website.
In order to become a Customer you must:
- be at least 18 years old and able to enter into contracts;
- complete the Website registration process;
- agree to the terms and conditions of this Agreement; and
- provide true, complete and up to date contact information.
By using our Solutions, you represent and warrant that you meet all of the requirements listed above and that you won’t use the Solutions in a way that violates any laws or regulations. If any of your details change, such as your credit card billing address, you must inform us as soon as possible. You may update your details by contacting us with your updated details.
Subscriptions automatically renew on a monthly or annual basis, at the rate disclosed at the time of purchase and are billed to the payment method associated with your Customer account up to 48 hours in advance of the current subscription period end date. Where it’s a possibility, if you go over your Subscription limit your next purchase will trigger an early renewal of your Subscription. You may cancel automatic renewals at any time from “your account” section in the Website. To ensure you are not billed for the next period you must cancel your Subscription 5 working days prior to the commencement of the next month. In the event that you believe you are due a refund, please contact customer support by email so that we may review your request and process any refunds due to you.
Prices for our Solutions including subscriptions and individual purchases will be published on our Website and may be changed from time to time. We have the right to adjust these prices (up or down) depending on our direct costs, promotions we may run from time to time and new solutions we may introduce or remove. Unless notified by us in writing, Subscription renewal purchase prices will remain the same for at least 12 months from the first month you purchased your Subscription even if subscription prices are increased for new subscribers. This offer is only valid while your Subscription is current. Individual purchases do not entitle the Customer to any other Solutions other than the ones they have purchased. Unless otherwise stated all prices will be in Australian Dollars and include GST.
Payments for Subscription renewals are due on the same date as the first month on which the Subscription was first purchased, or the closest date in that month. If you have gone over Subscription limit and triggered an early renewal of your Subscription, the new date will become the new monthly renewal date. Individual purchases are paid for in advance for each Solution. As long as you’re a transacting Customer or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. In using a credit card, you represent and warrant that you are authorised to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected or disputed. If, for some reason, we’re unable to process your credit card payment, we’ll try to contact you by email to arrange alternative payment. You will not be able to purchase any Solutions until the payment issue has been resolved. Sorry, we don’t accept T-shirts or other forms of barter at this time.
V CONFIRMATION OF PURCHASE
Once payment has been received for the Solutions we will email you a tax invoice and receipt.
Refunds will only be considered on the following basis:
- you cancel your Subscription and we have received the cancellation prior to the commencement of the Subscription renewal date and payment for the Solutions has already been processed;
- the Solutions you purchased were faulty;
- where we are required by law.
Any refunds will be made as soon as possible and in any event within 30-days from the date we agree to give you the refund. We will not be obliged to offer any additional compensation for disappointment or inconvenience suffered. Refunds will be processed via the same payment method you used for the original purchase.
We will use our best efforts to provide the Solutions free from error or omission. We warrant that we have the requisite knowledge, skill and expertise to provide the Solutions as per your expectations.
We think our Solutions are amazing, however, in the event that you are not satisfied with a Solution you purchased you must notify us within 14 days of purchasing the Solution. When making a complaint please send us an email or contact us via our customer support form on the Website.
If a dispute arises between you and us, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by sending us an email or contacting us via our customer support form on the Website. For any claim, we may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If we elect arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that we will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against us must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, we will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
X TAXES (including GST)
GST stands for Goods and Services Tax, which is charged on most goods sold by us within Australia. In accordance with the GST laws, We are obliged to charge GST on all orders delivered to destinations in Australia. When purchasing Solutions from us for delivery overseas you may be subject to import duties and taxes that are levied once the Material reaches another country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer and must comply with all laws and regulations of the country in which you are receiving the goods.
XI LIMITATION OF LIABILITY
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Solutions, including any downloads from the Website and anything We email you. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Solutions you have purchased in any month will be no more than what you paid us for the Solution at the centre of the claim. Neither us nor any of our Directors, employees or other representatives will be liable for damages arising out of or in connection with the use of our Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under the Agreement’s legal jurisdiction that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. Nothing in this Agreement creates any right that is enforceable by any person who is not a party to the Agreement.
Indemnity is an agreement to compensate someone for a loss. You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that arent permissible under this Agreement due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including legal fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
XIII FORCE MAJEURE
We shall have no liability to you for any failure to deliver or for any delay or for any damage or defect to the Solutions you have purchased where the failure, delay, damage or defect has been caused by any event or circumstance beyond our reasonable control.
If any part of these conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
You or we may terminate this Agreement at any time and for any reason by giving notice to the other party. We may suspend our services to you at any time, with or without cause. If applicable, where you have purchased a monthly or annual Subscription and WE terminate your account without cause, we’ll refund the unused portion of your monthly or annual Subscription. We won’t refund or reimburse you if theres cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it. We are entitled to withdraw from any transaction in the case of obvious errors or inaccuracies regarding the Solutions appearing on the Website. If an error or inaccuracy is discovered with regards to the advertised price of the Solutions that you have purchased, we will contact you as soon as possible by email. This will be to inform you of the correct price of the Solution, and to ask you if you wish to continue with the purchase at the amended price, or to cancel the order altogether and receive a refund of any amounts paid.
XVI GOVERNING LAW
The Agreement between us shall be governed by and interpreted in accordance with the Law of Queensland, and the Queensland courts shall have jurisdiction to resolve any disputes between us.
XVII ENTIRE AGREEMENT
These terms and conditions, together with the current We Promote website prices, delivery details and We Promote contact details, set out the whole of our agreement relating to the supply of the goods to you by We Promote. These terms and conditions cannot be varied except in writing signed by a director of We Promote. In particular nothing said by the Team should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by We Promote. We Promote shall have no liability for any such representation being untrue or misleading.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. We shall not be responsible for any detrimental reliance you place on Our Websites or their contents. We are providing Our Websites and their contents (including any downloadable data or software) on an ‘as is’ basis and make no representations or warranties of any kind with respect to this Websites or their contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law.
Our Websites may contain hyperlinks which may connect you to sites of other organisations that are not our responsibility. We have used our reasonable efforts in preparing our own Websites and the information included in them is done so in good faith. However, we have no control over any of the information you can access via other websites. Therefore, no mention of any organisation, company or individual to which our Website is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of us.
XXI COPYRIGHT NOTICE
All design, text, graphics and the selection or arrangement thereof are the copyright of We Promote, or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of purchasing a Solution from us. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without our prior written permission is strictly prohibited.
XXII TRADE MARKS
Our logos are trademarks belonging to We Promote Pty Ltd. All other trademarks, product names and company names or logos used in the Website are the property of their respective owners. No permission is given by us in respect of the use of its or any such other trademarks, product names, titles or logos and such use may constitute an infringement of the holder’s rights. You warrant to us that any Images you submit to us are your own original work and/or that you own the copyright and any other relevant rights. You warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal. We reserve the right to remove you from our Website or Solution completely if we believe you are abusing the services in any way.