1. Find Media Pty Ltd - Terms and Conditions: Buyer

www.findmedia.com.au ("Site") is the property of Find Media Pty Ltd ("Find Media"). Media providers will be referred to as "Seller" and "Sellers" throughout this document. People searching for media will be referred to as "Buyer and User", "You" and "Your" in this section of the document in accordance with these terms and conditions ("Conditions"), You agree to be bound by the following Conditions.

1.1 Using the site

Findmedia.com.au is a platform where businesses can come to first to search, compare and contact the right people to promote their business. It's been created to assist small to medium sized businesses in finding advertising opportunities and media services. The Site is free to use and you are able to search all deals and directory listings without creating an account.

When you will need to create an account and become a User:

  1. To comment or leave a review for a listing
  2. To be able to give a star rating

When providing information on the site you warrant to Find Media that:

  1. if You are an individual, You are 18 years of age or over and are an Australian citizen;
  2. if You are a corporation, You are a body corporate duly incorporated under the laws of the place of Your incorporation and have full legal capacity and power to enter into and perform Your obligations under these Conditions; and
  3. You agree to act in good faith and in accordance with these Conditions.

You also warrant to Find Media Pty Ltd that You have the right to provide all information You provide on the Site, including Your Registration Information, and that the information provided by You:

  1. is true, current and correct;
  2. is not misleading or deceptive, defamatory or obscene;
  3. does not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. is not unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; and
  5. can be lawfully published by Find Media Pty Ltd.

1.2 Your privacy

The information you provide to us on the Site will not be used for any other purpose other than for the use of Find Media & Findmedia.com.au and for facilitating contact between Buyers and Sellers. We will not publish or make available your details to any other third party.

You agree to notify Find Media immediately of any unauthorised use of Your account or Your Registration Information, and any other breach of security.

1.3 Contacting a seller

It is your responsibility to:

  1. Ask any questions that you may have to ascertain whether the deal is right for you.
  2. Negotiate and comply with the terms of the seller.
  3. Supply all requested files, information, or any other relevant details which are needed to complete the deal.
  4. Adhere to all conditions and/or restrictions mentioned in the advertisement or by the media supplier.
  5. Correctly provide all requested contact information so that the Seller may contact you to complete the service.

1.4 Warranties

You acknowledge that any fault or cancellation on behalf of the seller or yourself (the Buyer) in completing a deal will not constitute a fault on Find Media's behalf. You agree that Find Media does not make any warrants as to the accuracy or correctness of the information contained within a Sellers advertisement and Find Media will not be liable to You in any respect if the information contained in an ad is incorrect or misleading in any way. Find Media will not be liable to you for any damages, loss, misinterpretation, or relevant result of purchases made through findmedia.com.au.

If you do not supply all relevant files, information or any other relevant details, the Seller will have the right to refuse the continuation of the deal.

You must ensure you have all the relevant information you need to go ahead with the deal including but not limited to; the dates that the ad is available, how many are available, what you need to provide, how long will the ad will be shown/live/presented, how often it will be shown (the frequency) etc. and that you comply with any restrictions or notes as set out in the ad description.

You agree that Find Media has no control over and makes no warranties in respect to the accuracy or truth of any advertising listings on the site or the ability of Sellers to complete the deals purchased through findmedia.com.au site, Find Media does not take responsibility for false statements, additional costs, hidden fees, misleading information or inability of the Seller to complete an advertised service.

1.5 Indemnity

You agree to indemnify and hold Find Media, its officers, employees, agents, subsidiaries and affiliates harmless from all claims, demands, loss, damages, costs, penalties, liabilities or expenses (including legal fees) made against Find Media Pty Ltd by any third party due to or arising out of or in connection with Your use of the Site or Your breach of these Conditions.

1.6 Modifications

Find Media reserves the right to modify the Conditions in whole or in part from time to time without prior notice to You. Any amendments made to the Conditions will be effective immediately upon their posting to the Site. Your continued use of the Site will represent Your agreement to be bound by the amended Conditions. You can choose to receive email notification of changes to the Conditions as they are posted on the Site.

1.7 Operation of the Site

The operation of the Site may be affected by numerous factors outside Find Media's control (such as malfunctioning equipment or software, Internet access difficulties, or delay or failures of transmission). As such, Find Media does not warrant that the Site will be error free, free from viruses or other harmful content or components, or that access to the Site will be secure, uninterrupted, provided without delay or in a timely fashion (whether or not an error, virus or harmful component is or is not outside Find Media control).

1.8 Illegal activities

You must not use the Site to facilitate or participate in any illegal activity or engage in any activity which Find Media, in its absolute discretion, considers inappropriate. Find Media reserves the right to terminate or restrict access to the Site for a Registered User immediately and indefinitely if it suspects that You are engaging in any such behaviour or are in breach of any of the Conditions

1.9 Restrictions

When using the Site, You agree not to:

  1. attempt to obtain unauthorised access to the Site or portions of the Site that are restricted from general access or which You do not have access to as a Registered User;
  2. disrupt or interfere with the security of the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site;
  3. upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
  4. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Sites including doing anything which may be reasonably considered to offend ano
  5. use or attempt to use another Registered User's account, service or system without authorisation from that Registered User or Find Media;
  6. create or use a false identity on the Site; and
  7. transmit through or on the Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.

1.10 Governing law

These Conditions are governed by and will be construed in accordance with the laws of Victoria, Australia, without giving effect to its conflict of law's provisions or Your actual state or country of residence.

How to contact us

If you have any questions in relation to our Terms and Conditions, please contact us on 0452 197 874 between 9.00am and 5.00pm, Monday to Friday. Please note that this number is not for general service enquiries. Alternatively, you can write to lenny@findmedia.com.au

Find Media Terms and Conditions August 2013
Copyright © 2013 Find Media Pty Ltd
ABN 77 153 069 035

2. Find Media Pty Ltd - Terms and Conditions: Seller

Findmedia.com.au is the property of Find Media Pty Ltd and is a website designed to bring media services (referred to throughout the remainder of this document as "Sellers" and "Seller", "You" and "Your") together with potential clients ("Buyers and Buyer") in search of those services.

You must be registered as a Seller to post a 'Listing' and in turn Buyers who would like to purchase, comment or leave a star rating on your listing must register their email for security purposes.

2.1. Signing up as a Seller

To be able to post a listing you will need to become a Find Media member, you can do this via the list your business tab or the sign-up button on the top right hand of the homepage once signed in this will give you access to your Profile where you can edit your company details and listings.

You authorise that you have the authority to create this account and post advertisements on behalf of the company/business/individual you are signing up for, any information you provide must be true and accurate and it is your responsibility and best interest to update your details and ads as soon as they change.

Once you have filled in all requested information you will be able to:

  1. Edit/Update/Post listings
  2. Edit/Update your company details
  3. Track your leads

All listings receive a free 30 day trial of the upgraded basic listing and is converted to a text only free listing if they do not pay for a membership plan within the required time.

2.2. Your privacy

The information you provide to us on the Site will not be used for any other purpose other than for the use of Find Media & Findmedia.com.au and facilitating the connection between Buyers and Sellers. We will not publish or make available your details to any other third party.

You agree to notify Find Media immediately of any unauthorised use of Your account or Your Registration Information, and any other breach of security.

2.3. Membership

As a Seller you may choose the appropriate membership options to suit your business size and functions. All options include; Edit listing functionality, Professional Support, Ability to receive enquiries direct and a lead tracking dashboard.

2.3.1. Options

Basic: will allow you to post listings for all your services however only 1 will have the advanced listing features

Pro:will allow you to post listings for all your services however only 5 will have the advanced listing features

Enterprise:will allow you to post listings for all your services and will have the advanced listing features

Free: listing is displayed as text only listing and does not include the advanced functionalities or features, these listing will also have advertisements in the bottom section.

2.3.2. Pricing

 Monthly
Basic:$15.50
Pro:$31.00
Enterprise:$104.00

*All prices exclude GST.

All members receive 30 days free trial of any membership plan, after which the member can choose a plan to continue on which suits their needs. Plans can be changed as often as the user requires however each update will be charged the full month.

2.3.3. Listing Restriction

Members may only create listings for services which they actually offer or for companies which they currently own. Members may not post services for other companies or services unrelated to their current service offerings, members must also not post services for any third party entities.

2.3.4. Promotional Offer

New members regardless of which membership option they have chosen will receive 30 days free trial to see the sites benefit.

2.4. Posting a Listing

It is your responsibility to ensure that all information you include is accurate and true. You agree to save liable Find Media Pty Ltd from any damages which may occur from Users receiving false or misleading statements from information which you have provided on our site.

You agree to advertise prices which are the same if not lower than if a Buyer was to come to you directly, this will ensure that Users will continue to use the site.

Sellers may only post listings related to their company and may not create listings for other businesses furthermore Sellers may post only one advertisement per service or advertising opportunity, any duplicate listings will at the discretion of Find Media's representatives be removed without notice.

If applicable you must include in your listing information regarding;

  1. Booking Deadline(s);
  2. Material specifications;
  3. Payment and credit terms;
  4. Provision for errors, casual displacement, omission, inability or failure to publish or run an advertisement;
  5. A cancellation policy.
  6. Any other terms considered relevant.

It is in your best interest to comply with the below:

  1. Listings must be available to purchasers. Does the buyer need to be in Australia, is there a limited time or deadline? And any other relevant information you require to complete the deal please specify in your ad
  2. Include in your ad whether there are any restrictions with regards to advertising standards, adult content, profanities, illicit material etc.
  3. Specify the size of the advertising space as well as position (if relevant)
  4. If there is a limited amount, you must state how many are available and if applicable which dates it will be available.
  5. Display the total price
  6. State whether there are any shipping costs involved
  7. State whether there are any other fees which could arise, including but not limited to design, administration, set-up, or loading fees.
  8. Provide information regarding Target Market, Reach and Number of Impressions your advertising space may receive.
  9. Maintain and update the listing if sold, or if any information changes.

You will save Find Media from any from any liability caused from misinterpretation or damages which may occur from posting on findmedia.com.au

2.4.1 Posting a Blog

For blog posting guidelines please see our blog policy available either on the site or on request from editor@findmedia.com.au

2.4.2. Information Not Permitted

The below information is not permitted on any listing and may be removed by administration without notice at any time.

  • Telephone contact details
  • Website addresses
  • Incorrect information
  • Misleading information
  • Profanities, obscenities and/or grouse imagery or text

2.5. Receiving Enquiries

Buyers have the ability to contact you via an 'Enquire' button on your listing, these enquiries will come to you directly and it is the sole responsibility of your company and its representatives to follow up on leads generated.

2.5.1. Cancellation Policy

Find Media will not be liable to You or the User for any issues arising in accordance with cancellation of listing, it is the sole responsibility of the Buyer and Seller to ensure that they have done their due diligence.

2.6. Conduct with Buyers

It is Your responsibility to:

  1. Answer all questions from the purchaser fully and truthfully
  2. Follow up leads generated from your listing
  3. Request any files, information, or any other relevant details which you required

2.7. Warranties

You agree that Find Media has no control over and makes no warranties in respect to the accuracy or truth of any statements or information given to You by a Buyer or comments posted on the Site. Find Media does not take responsibility for false statements, additional costs, hidden fees, misleading information or inability of Buyers to complete a deal.

When providing information on the Site you warrant to Find Media that:

  1. if You are an individual, You are 18 years of age or over and are an Australian citizen;
  2. if You are a corporation, You are a body corporate duly incorporated under the laws of the place of Your incorporation and have full legal capacity and power to enter into and perform Your obligations under these Conditions; and
  3. You agree to act in good faith and in accordance with these Conditions.

You also warrant to Find Media Pty Ltd that You have the right to provide all information You provide on the Site, including Your Registration Information, and that the information provided by You:

  1. is true, current and correct;
  2. is not misleading or deceptive, defamatory or obscene;
  3. does not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. is not unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; and
  5. can be lawfully published by Find Media Pty Ltd.

2.8. Indemnity

You agree to indemnify and hold Find Media, its officers, employees, agents, subsidiaries and affiliates harmless from all claims, demands, loss, damages, costs, penalties, liabilities or expenses (including legal fees) made against Find Media Pty Ltd by any third party due to or arising out of or in connection with Your use of the Site or Your breach of these Conditions.

2.9. Modifications

Find Media reserves the right to modify the Conditions in whole or in part from time to time without providing You notice. Any amendments made to the Conditions will be effective immediately upon their posting to the Site. Your continued use of the Site will represent Your agreement to be bound by the amended Conditions. You can choose to receive email notification of changes to the Conditions as they are posted on the Site.

2.10. Operation of the Site

The operation of the Site may be affected by numerous factors outside Find Media's control (such as malfunctioning equipment or software, Internet access difficulties, or delay or failures of transmission). As such, Find Media does not warrant that the Site will be error free, free from viruses or other harmful content or components, or that access to the Site will be secure, uninterrupted, provided without delay or in a timely fashion (whether or not an error, virus or harmful component is or is not outside Find Media control).

2.11. Illegal activities

You must not use the Site to facilitate or participate in any illegal activity or engage in any activity which Find Media, in its absolute discretion, considers inappropriate. Find Media reserves the right to terminate or restrict access to the Site for a Registered User immediately and indefinitely if it suspects that You are engaging in any such behaviour or are in breach of any of the Conditions

2.12. Restrictions

When using the Site, You agree not to:

  1. attempt to obtain unauthorised access to the Site or portions of the Site that are restricted from general access or which You do not have access to as a Registered User;
  2. disrupt or interfere with the security of the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site;
  3. upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
  4. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Sites including doing anything which may be reasonably considered to offend another Registered User;
  5. use or attempt to use another Registered User's account, service or system without authorisation from that Registered User or Find Media;
  6. create or use a false identity on the Site; and
  7. transmit through or on the Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.

2.13. Governing law

These Conditions are governed by and will be construed in accordance with the laws of Victoria, Australia, without giving effect to its conflict of laws provisions or Your actual state or country of residence.

How to contact us

If you have any questions in relation to our Terms and Conditions, please contact us on 0452 197 874 between 9.00am and 5.00pm, Monday to Friday. Please note that this number is not for general service enquiries. Alternatively, you can write to lenny@findmedia.com.au

Find Media Terms and Conditions August 2013
Copyright © 2013 Find Media Pty Ltd
ABN 77 153 069 035