Please read these terms carefully so that you understand them.
You should be aware that ShireWomen can change these terms at any time. However, if it is likely that the change will make you worse off, ShireWomen will give you prior notice.
1. Your Business Account
1.1 In order for ShireWomen to provide these Services to you, there are certain things that we need to ask you to do.
These are to:
(a) ensure that you are able to access the ShireWomen Website; and
(b) make sure your username and password are kept secure; and
(c) ensure that any Additional Users comply with this Agreement.
1.2 You declare that:
(a) you are over 18 years of age and have the legal power to enter into this Agreement; and
(b) you are the person able to make decision on behalf of the business and take full responsibility for any ongoing payments, content, pictures or video uploads to the site
1.3 You will require a username and password to manage your Business account. You accept responsibility for all use of your business account where such use is made via the use of your username and password.
1.4 You may also email us (at email@example.com) with any problems of the Services or questions you may have.
1.5 You must supply us with a valid email address and promptly advise us of any changes to your email address. We will use this email address to advise you of any issues relating to your account, and therefore you should regularly check for emails from us. If you have selected the option to receive promotional communications from us, we will use this email address to send such communications to you.
1.6 You must ensure that the Personal Computer you use to access the Business Services meets the minimum software and hardware system requirements specified from time to time on our Website.
1.7 You are responsible for arranging a connection from your Personal Computer to our Website ("Broadband Connection"). The Broadband Connection must meet the minimum requirements specified from time to time on our Website. You are responsible for paying for the Broadband Connection, including any download or upload charges.
2. Website Specials
2.1 Website Specials: This service is currently free of charge but ShireWomen reserves the right to charge in the future for any content published on the site, but we will notify of any charges prior to their implementation. You may choose to advertise your special as a line item in the ShireWomen Members Monthly e-News for an additional once off fee of $9.95. Once commited this is non refundable & your ad will feature in the next e-News.
2.2 Chargeable Business Advertising Services
ShireWomen Sponsors, Business Members & Basic Business Accounts
(a) Business Listing & Full Web Page Ads
(b) ShireWomen in Biz
(c) Business Homepage Feature
(d) News & Events
(d) All Website Advertising as outlined in the Advertise Your Business Section, Tailored Packages or Contracts as agreed on an individual basis
(e) e-News Advertising/Special Event Advertising
2.3 If you have selected to use any Business Service free or Chargeable you agree to the following:
(a) As a ShireWomen Business Member you enter this agreement with the knowledge that you do so for a minimum of 3 months (3 x payments of $55) and cannot cancel this membership within this agreement. If you are under a agreed contract you adhere to the terms of that agreement. (see 3.3 for cancellation terms)
(b) you, the business take full responsibility and ownership for the details you enter into the form which will populate content onto our site.
(c) you, the business also acknowledge and accept full responsibility for any Special created for the site and agree to honour the Conditions of this Special
(d) you, the business understand and accept that any offer is made between you and any customer who takes up this offer and you have full responsibility for any faults or disputes with the goods and/or service on this offer.
(e) you, the business will not infringe the copyrights of any person in relation to such offers or anything contained in our Website.
(f) you, the business are responsible for all information published on the site and the accuracy of this information. Any errors are not the responsibility of ShireWomen, although we will do anything in our power to help you rectify these. You can edit & update your details at any time by logging into the Advertise Your Business Section.
(g) you, the business are responsible for the recurring payments associated with advertising your business on the ShireWomen Website, and any missed payment may result in your details being removed from the site. Upon becoming a ShireWomen Business Member you agree to sign up for a minimum of 3 months and cannot cancel within this payment period. (see 3.3 for cancellation terms)
2.4 ShireWomen will view offer/content prior to publishing on www.shirewomen.com.au but does so only to ensure public viewing and compatibility to site. We do not amend any content and take no responsibility for inaccurate details or errors that exist. It is up to you, the business to notify ShireWomen who can pull down content on your behalf, or you, the business can login and edit any errors or make any changes as you see fit.
2.5 The initial lodging of any content and/or any changes will take up to 48 hours to be published and/or registered live on site.
3.1 Fees for the Services are set out in the Advertise Your Business Section available on our Website, or in writing on request by the Business from ShireWomen. No charges currently attract GST, but may do so in the future and you will be notified prior to any changes.
3.2 All Business Services fees and other charges relating to the Services will be:
(a) automatically deducted from your nominated Credit Card or Debit Card. We accept MasterCard, Visa Credit Cards only.
We have structured our charges so that they are deducted monthly from commencement of your order. Other fees and charges are payable after your acceptance of a separate offer via email notification which will take you to the payment process. All fees and charges are done via a secure third party payment system.
3.3 Business Members: After your minimum 3 month membership, you can cancel you with us at any time by contacting us at firstname.lastname@example.org without any cancellation fees. Note: You need to cancel a scheduled payment at least 48hours prior to the scheduled date of the next payment. Cancelling a Recurring Payment on the day of a scheduled payment will not guarantee that the payment will not be sent, and no refund will be given. If you cancel your Service part way through a month, you’re next payment will be cancelled but no refund of the part month will be given. If no notice of cancellation is received then any payment in arrears will be invoiced to you. You will be given 3 notices of payment required before your Membership will be terminated and an invoice will be issued. Business Contracts/Sponsors/Agreements: are bound by the timeframe of each signed agreement. If an agreement is to be cancelled ShireWomen reserves the right to invoice the remaining period out in full and cease all services from notice of cancellation.
3.4 Any credit card you advise us to charge, or provide to us for the purposes of age verification, must be a valid credit card which you are authorised to use.
3.5 In nominating a credit card, you agree that we may:
(a) charge all fees and charges due under this Agreement to your nominated credit card; and
(b) disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details; and
(c) take steps to verify that there is sufficient credit on your credit card account to meet likely fees due under this Agreement; and
3.6 Unpaid debt can be a real problem for us. This means that, if any amount is unpaid after the due date, we may do any or all of the following:
(a) charge you interest (at an annual rate up to the official cash rate set by the Reserve Bank of Australia plus five per cent - you can review this rate at www.rba.gov.au) on the unpaid amount from the date it was due until the date we receive full payment;
(b) cancel or suspend this Agreement provided we comply with clause 8.
4. Special Offers
4.1 Unless otherwise stated, special offers or introductory trials are offered on the basis of ShireWomens’ discretion and can be changed at any time, but will be notified to you, the business in writing if it affects your services.
4.2 If your membership to the Services is suspended during the period while any special offer or introductory trial applies to you, such offer will cease to apply to you on and from the time of such suspension.
4.3 If you change your Service membership plan while on a special or introductory plan, you will forfeit any benefits relating to that special or introductory plan.
5.1 ShireWomen uses a third party hosting internet service provider called Business Catalyst who has a 99.98% uptime service level agreement. Whilst we don’t expect any downtime or problems with our site, ShireWomen take no responsibility for site issues. ShireWomen will take all care to ensure that you are made aware of any potential service issues and correspond to you any updates and notices.
6.1 Please read our "Protecting your Privacy" statement (available at http://www.shirewomen.com.au/privacy ). It summarises how we and our related companies collect, use and disclose your personal information (including for marketing to you) and your rights to access and correct that information.
6.2 In order for us to provide the Services to you, there are certain things that we need to ask you to do. These are to:
(a) disclose information about you, the Application Form and this Agreement (including information relating to the conduct of your account), to:
(i) a credit reporting agency for the purpose of obtaining and maintaining a Credit Information file about you; and
(ii) another credit provider or a collection agent, for the purpose of collecting overdue payments relating to credit owed by you and notifying defaults by you; and
(iii) our contractors or agents involved in the supply of the Services; and
(b) obtain and use information about your creditworthiness (including a consumer or commercial credit report) from a credit reporting agency, credit provider or other business that reports on creditworthiness, for the purpose of assessing an application (including the Application Form and this Agreement) or collecting overdue payments.
7. Website Content
7.1 We do not guarantee the accuracy, integrity or quality of the content on our Website where that content is posted by other users of the Services. Our Website may contain information about products and services offered by third parties, including product specifications, pricing, availability, performance and editorial commentary. We are not responsible for any reliance that you place on any of this content, including, but not limited to, reviews and testimonial descriptions. We are also not responsible for postings by users in the user opinion, Facebook/social media or feedback sections of our Website or for reviewing such material prior to it becoming available on our Website. We have the right, but not the obligation, to remove any content that may, in our sole discretion, be considered objectionable, for example if the content contains either language or comments that other members may find offensive, inappropriate or irrelevant.
7.2 You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available to us, including on our Website ("Your Content"). You certify that you own all intellectual property rights in Your Content.
7.3 You grant us, irrevocable, royalty-free, nonexclusive, sub-licensable licence to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of
(a) displaying Your Content on our Website,
(b) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or
(c) storing Your Content in a database accessible by other users, and in any such case, without attribution to you. This licence will apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
7.4 You agree to use any bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") that we may provide, only to send and receive messages and material that are proper and related to the Forum.
8.Cancellation and Suspension
8.1 Business Members: You may cancel this membership with us at any time by contacting us at email@example.com without any cancellation fees (after the minimum three month term), but must do so 48hrs prior. However, if you cancel within a month, we will not refund this portion but will stop payments from the next payment date. Note: You need to cancel a scheduled payment at least 48hours prior to the scheduled date of the next payment. Cancelling a Recurring Payment on the day of a scheduled payment will not guarantee that the payment will not be sent, and if sent no refund will be issued but future payments will be ceased. If payment is not received ShireWomen will send 3 notifications to re-instate membership before terminating agreement. Payment in arrears will be claimed if no correspondence of cancellation is received by you. Business Contracts/Sponsors/Agreements: All agreements are bound by the timeframe of signed acceptance. If cancellation due to reason outlined in 8.3, ShireWomen reserves the right to invoice remaining monies due.
8.2 If you do not have a Contract Term, we may cancel your Service at any time if we give you reasonable prior notice (of at least 30 days).
8.3 We may immediately cancel this Agreement if:
(a) you are in serious breach of this Agreement. You will be in serious breach of this Agreement if you:
(i) breach your obligation to pay your fees for the Services when due; or
(ii) use the Services in a way which we reasonably believe is illegal or likely to be found illegal; and
(b) we have notified you in writing of your breach and you have failed to remedy the breach within 7 days of the date of our notice (or such longer period as set out in our notice) or the breach is something which cannot be remedied (in which case we may cancel this Agreement immediately by giving you notice). Using the Services in a way which falls under paragraph 12.5(a)(ii) above is a breach that is not capable of remedy.
8.4 We may immediately suspend the supply of the Services to you if we reasonably suspect that you are in serious breach of this Agreement as set out in these terms and conditions.
8.5 We may also cancel this Agreement by giving you as much prior notice as we reasonably can if:
(a) you become bankrupt or insolvent or appear likely to do so; or
(b) we are not able to provide the Service to you due to an event outside our reasonable control (such as an industrial strike or an act of God).
9. Changing this Agreement
9.1 From time to time, we need to be able to change these terms to reflect our changing business. We can change this Agreement (including the Rate Card and any prices) in accordance with this clause 9.
9.2 We will notify you of any proposed change in accordance with clause 9.5 at least 30 days before it is to take effect unless:
(a) we need to make the change immediately in order to act legally or the change results from changes in the law. If this is the case, we will give you as much notice as we reasonably can; or
(b) the change will benefit you. If this is the case, we can make the change without giving you notice.
9.3 If we notify you of a change to this Agreement during your Contract Term and the change means that you are materially worse off (and does not fall within clause 9.2(a), you may cancel this Agreement by notifying us by email within 14 days of our notice to you of the change
9.4 Some examples of changes that make you materially worse off are:
(a) a significant increase in any recurring fees you are paying for the Services (for example if the impact of the price change is to increase the recurring fee you would pay by more than CPI + 3% in any 12 month period);
(b) withdrawing an important feature of the Service that you use regularly; or
(c) significantly increasing your obligations or significantly limiting your rights under this Agreement.
9.5 If you do not notify us of your decision to cancel this Agreement under clause 9.3, you will be taken to have agreed to the change by your continued use of the Services from the date the change comes into effect.
10.1 We will use reasonable care and skill in providing the Service and will provide the Service in accordance with this Agreement. However, given the nature of the Service, (including the Service's reliance on some systems and services not owned or controlled by us), we cannot promise that the Service will be continuous or fault-free.
11. General Terms
11.1 You agree that you will not use our Website or the Services to do any of the following:
(a) defame, abuse, harass or otherwise violate the legal rights of others;
(b) publish, post, upload, email, distribute or disseminate (collectively, "transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
(c) transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer or our Website;
(d) transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
(e) collect or store personal information about other users; or
(f) engage in any illegal activities.
12.1 Words in this Agreement with initial capital letters (eg, Agreement) have defined meanings, as follows:
Additional User means a person whom you authorise to access the Services.
Agreement means these terms and conditions, the Rate Card, and any terms contained on your Application Form.
Application Form means the online application form for the Services you submitted at http://www.shirewomen.com.au/business
ShireWomen Business Member means a current Business Customer.
Credit Information means:
(a) identity particulars (name, address, and date of birth);
(b) your application for credit, including the amount applied for;
GST and Tax Invoice have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Personal Computer means a personal computer, including 'lap top' or 'notebook' computers, but excluding computers running other than Windows 2000 or Windows XP operating systems.