Advertising Agreement

1. General Terms
1.1. The Website is owned and operated by Kidz FunTivities Pty Ltd (ACN 628 788 287) (‘Kidz FunTivities’) (‘We’, ‘Our’ or ‘Us’).
1.2. These are the contractual ‘Terms and Conditions’ related to any business or individual creating or claiming a business advertisement (‘the Business’) on kidzfuntivities.com.au (‘the Website’) forming an agreement between Kidz FunTivities and the Business (‘Agreement’).
1.3. The Business’ use of this Website and these Terms and Conditions are governed by the laws of Western Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of State of Western Australia and legitimate courts of appeal from such courts.
1.4. If any of the terms of the Terms and Conditions offends any law applicable to it in a jurisdiction and is as a consequence illegal, invalid or unenforceable in that jurisdiction then:
(a) where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
(b) in any other case the offending term must be severed from the other terms for that jurisdiction in which event the remaining terms operate as if the severed term had not been included.
1.5. Kidz FunTivities reserves the right to change any or all of our Terms and Conditions by publishing the new Terms and Conditions on this Website and without specific notice to the Business. Kidz FunTivities thus recommends that Businesses review the Website for regular changes. A Business’ usage of any part of the Website will be subject to the most current version of these Terms and Conditions.
1.6. Except as expressly provided in these Terms and Conditions, these Terms and Conditions are the entire Terms and Conditions between the parties about its subject matter and replaces all previous Terms and Conditions, understandings, representations and warranties about that subject matter.
1.7. Except as expressly provided in these Terms and Conditions, each party must, at its own expense, do all things reasonably necessary to give full effect to these Terms and Conditions and the matters contemplated by it.

2. Business Accounts
2.1. By creating a Business Account on the Website the Business agrees to the following:
(a) That the Business will at all times abide by these Terms and Conditions;
(b) That the Business will keep the Business username and password by which the Business access the Business’ Area confidential and secure at all times;
(c) That the Business accepts all liability for any unauthorised use of any username and password issued; and
(d) That the Business will provide accurate and up to date contact information and email address.

3. Business Advertisements
3.1. The business advertisements are a product that can be provided by Kidz FunTivities to the Business subject to the terms outlined within the Gold, Silver and Bronze options at Table 1 on the Website and these Terms and Conditions (‘Business Advertisement’).
3.2. The Business Advertisements are subject to change and availability from time to time.
3.3. The Business can use the Website to add a Business Advertisement to the Website and amend and update that Business Advertisement on an ongoing basis, only if done in accordance with these Terms and Conditions.
3.4. The Business must not create, add, amend or update a Business Advertisement or any related content on the Website without the express authorisation of Kidz FunTivities.
3.5. The Business warrants and represents to Kidz FunTivities that any material provided to Kidz FunTivities and/or the Website by or at the direction of the Business, including without limitation, documents, equipment, software and information:
(a) do not infringe the rights (including Intellectual Property Rights) of any third party, and that the information contained in these materials is not misleading or deceptive, or likely to mislead or deceive; and
(b) will comply with all laws and the requirements of any relevant authority or regulator.
3.6. The Business is responsible for all the content in its Business Advertisement and any errors or omissions in its Business Advertisement, whether intentional or unintentional.
3.7. The Business is responsible for keeping its Business Advertisement up to date with new and relevant information.
3.8. The Business agrees that all submissions of content in any format to the Website will automatically be granted a perpetual, irrevocable, transferable, royalty free licence (including rights to sub license) to use, reproduce and republish in any media or format without restriction.
3.9. The Business agrees that they are solely and wholly responsible for delivering and providing the services and products listed by the Business on the Website and the Business certifies that they are professionally competent, experienced and qualified to deliver these services and products.
3.10. The Business confirms and certifies that they have all the necessary legal requirements in place for its business including but not limited to certifications, licences, risk and safety management and insurances in place with respect to the services and products that they offer and the business that they operate.
3.11. The Business agrees to maintain its own terms and conditions and privacy policy, relating to the products and services they provide and ensure that visitors of the Website, potential customers and customers are aware of these and that the Business abides by these with respect to any contact and other information received and products and services provided. The Business agrees to ensure that the above terms and policies comply with all relevant and applicable laws, regulations, policies and requirements.
3.12. The Business agrees that its terms and conditions shall not conflict with these Terms and Conditions, and if they do, that they agree to abide by these Terms and Conditions.
3.13. Kidz FunTivities has the sole discretion to decide which businesses it will allow to list on the Website.
3.14. Kidz FunTivities has the right to immediately terminate this Agreement and remove or amend any Business Advertisement or any content provided in a Business Advertisement, for any reason at any time, at the sole discretion of Kidz FunTivities, without the need to provide notice or an explanation and without any damages applying.
3.15. The Business agrees that Kidz FunTivities can contact them via any of the contact information provided by the Business (including phone and email), for the purpose of providing the Business with information about other websites owned and managed by Kidz FunTivities which may be applicable to the Business.
3.16. Notwithstanding clause 6.5 and 6.6 of these Terms and Conditions, a Special Advertisement can be cancelled by the parties to this Agreement at any time. The effective cancellation date will be the day before the next payment is due, being one month after the previous payment date. The Business will remain on the Website as a Special Advertisement until the next payment date and no refunds will be made for the time period between being notified of cancellation and the next payment date.
3.17. All information provided by Kidz FunTivities on the Website in relation to potential increases in leads and visibility from Business Advertisements are based on the average increases that have historically been achieved across all the businesses across all the Kidz FunTivities Websites. A Business should take into account that increases for individual businesses may vary significantly from the averages provided. The Website or Kidz FunTivities is not liable in any way if increases in leads and visibility are not realised from a Special Advertisement.

4. Special conditions for Gold and Silver class Business Advertisements
4.1. Subject to this clause 4.1, all the terms provided within clause 3 of these Terms and Conditions apply equally to all Business Advertisements be they Gold, Silver of Bronze class but for the following additional conditions that apply to:
(a) Businesses that select the Gold Class of Business Advertisements will be given priority in the search results and across all areas of the Website based on the amount and quality of information provided to the Website. If all of this is equal, the search results will be randomised so there is thus no guarantee that a Gold Class Business Advertisement will always appear first in a set of featured search results; and
(b) those Business that select the Gold or Silver Class of Business Advertisements, in relation to any relevant social media advertising by Kidz FunTivities included in the Business Advertisement, Kidz FunTivities is not responsible for any changed or removed functionality due to changed terms and conditions from the social media providers such as but not limited to Facebook, Twitter and Instagram.

5. Disclaimer and liability
5.1. The Business accepts that the Internet is not always reliable and that system outages may occur.
5.2. To the maximum extent permitted by law, Kidz FunTivities, our directors, employees, consultants, shareholders, agents and other representatives:
(a) The Website or Kidz FunTivities is not responsible for any loss, damages, costs or expenses or any other claims in any way whatsoever which may occur as a result of a the Business accessing and using the Website or listing their business as a Free or Special Listing.
(b) The Business hereby indemnifies and holds harmless the Website and Kidz FunTivities and its directors, officers, employees, partners and agents from and against any liability, loss, damage, costs and expense and penalties incurred or suffered by them, resulting from the Business accessing and using the Website or listing their business as a Free or Featured Listing.
(c) To the maximum extent permitted by law, Kidz FunTivities excludes all other conditions and warranties implied by law or custom.
5.3. This exclusion of liability includes, but is not limited to, compensatory damages, direct loss, consequential or indirect loss, loss of data, corruption of data, loss of programs, loss of income, loss of profit, loss of anticipated savings, loss of use, loss of goodwill, loss of financial opportunity, loss of business, loss of reputation, loss of property, damage to property and third party claims.

6. Payment and Default
6.1. Business Advertisements require a monthly payment of fees to Kidz FunTivities as outlined in the relevant option at Table 1 on the Website. The fees for Business Advertisements as stated at the time of payment are as shown within the relevant option at Table 1 on the Website and exclude additional local taxes including but not limited to valued added taxes or goods and services taxes.
6.2. Monthly payments for Business Advertisements will continue to be charged to the Business by Kidz FunTivities on a monthly basis, through Direct Debit until cancelled by the Business or Kidz FunTivities.
6.3. Payments for Business Advertisements are made in advance for the following month.
6.4. The Business is responsible for paying and managing all taxes including national, state and local taxes applicable to its business and country.
6.5. Kidz FunTivities has the right to terminate this Agreement and remove any Business Advertisement from the Website without the requirement to provide notice to the Business if the Business fails to make a required monthly payment as specified in this clause within 14 days of an invoice being rendered by Kidz FunTivities to the Business. Payments up to the termination date will remain due and payable by the Business.
6.6. Subject to clause 6.5 of these Terms and Conditions, Kidz FunTivities has the right to immediately terminate this Agreement and immediately remove any Business Advertisement from the Website if any term of these Terms and Conditions are not complied with by the Business.

7. Direct Debit – Debiting your account
7.1. By agreeing to a direct debit request, you the business have authorised us to arrange for funds to be debited from your the business account and agree to be bound by the terms and conditions of this agreement
7.2. We will debit you’re the business account for the amount authorised on the Direct Debit Request on the
7.3. If the Debit Day falls on a day that is not a business day, we may direct you’re the business financial institution to debit you’re the business account on the nearest business day. If you the business are unsure about which day you’re the business account has, or will be debited please contact you’re the business financial institution.
7.4 Kidz FunTivities may vary any details of this agreement or Direct Debit request at anytime by giving you the business at least 14 days written notice.
7.5 Subject 7.6 and 7.7, you the business may change the arrangements under a Direct Debit Request by contacting Kidz FunTivities on 0468996670 or by email: hello@kidzfuntivities.com.au.
7.6 If you the business wish to stop or defer a debit payment you the business must notify Kidz FunTivities in writing at least 14 days before the next debit day.
7.7 You the business may cancel you’re the business authority for us to debit you’re the business account at any time by providing written notice at least 14 days before the next debit day. You the business can also contact your the business financial institution to arrange cancellation of the direct debit.
7.8 It is you’re the business responsibility to ensure that there are sufficient clear funds available in you’re the business account to allow a debit payment to be made in accordance with the Direct Debit request.
7.9 If there are insufficient clear funds in you’re the business account to meet a debit payment:
(a) You the business may be charged a fee and /or interest by your financial institution,
(b) You the business must arrange for the direct payment to be made by another method or arrange for sufficient clear funds to be in you’re the business account by an agreed time so that we can process the debit payment.
7.10 You the business should check your account statement to verify that the amounts debited from you’re the business account are correct.
7.11 If you the business believe there has been an error in debiting your account, you the business should notify Kidz FunTivities directly on 0468996670 or email hello@kidzfuntivities.com.au and confirm that notice in writing with us so that we can resolve you’re the business query.
7.12 If we conclude as a result of our investigation that you’re the business account has been incorrectly debited by Kidz FunTivities we will respond to you’re the business query by arranging for you the business financial institution to adjust you account accordingly. We will also notify in writing of the amount by which you’re the business account has been adjusted.
7.13 If we conclude as a result of our investigation that you’re the business account has not been correctly debited we will respond to you’re the business query by providing you the business with reasons and any evidence for this finding.
7.14 Any queries you the business may have about an error made in debiting you’re the business account should be directed to us in the first instance so that we can attempt to resolve the matter between us and you the business. If we cannot resolve the matter you can refer it to you’re the business financial institution which will obtain details from you the business of the disputed transaction and may lodge a claim on you’re the business behalf.

8. Accounts
8.1 You the business should check

(a) With you’re the business financial institution whether direct debiting is available from you’re the business account as direct debiting is not available on all accounts offered by financial institutions
(b) That you the business account details which you the business have provided to Kidz FunTivities are correct, by checking them against a recent statement: and
(c) You’re the business financial institution before completing the direct debit request if you the business have any queries about how to complete to direct debit request.

9. Cumulative rights

9.1 Except as expressly provided in these Terms and Conditions, the rights of a party under these Terms and Conditions are in addition to and do not exclude or limit any other rights or remedies provided by law.

TABLE 1

Gold Class Business Advertisements

$39.99 per month

– One advertisement on the Website consisting of logo, 5 images, Business description, contact details, address and link to website;

– Maximum of 5 advertisement on special offers page per month;

– Access to self-managed statistics reports about the Website;

– Priority search results from the Website search engine;

– Exclusivity of information as competitors advertisements will not be shown within close proximity to your Business Advertisement; and

– Kidz FunTivities will make an introductory advertisement of the Business on all Kidz FunTivities social media platforms (Facebook and Instagram) and continue to advertise the Business at least once per month across the Kidz FunTivities social media platforms.

Silver Class Business Advertisements

$24.99 per month
– One advertisement on the Website consisting of logo, 5 images, Business description, contact details, address and link to website;

– Maximum of 3 advertisement on special offers page per month;

– Access to self-managed statistics reports about the Website;

– Low search results from the Website search engine;

– Competitors advertisements and information may be shown within the same vicinity on the website as your Business Advertisement; and

– Kidz FunTivities will make an introductory advertisement of the Business on all Kidz FunTivities social media platforms (Facebook and Instagram) however there will be no ongoing advertising of the Business on any Kidz FunTivities social media platforms.

Bronze Class Business Advertisements

$14.99 per month
– One advertisement on the Website consisting of logo, 6 images, Business description, contact details, address and link to website;

– Maximum of 1 advertisement on special offers page per month;

– Access to self-managed statistics reports about the Website;

– Low search results from the Website search engine;

– Competitors advertisements and information may be shown within the same vicinity on the website as your Business Advertisement; and

– There will be no social media advertising of the Business or the Business Advertisement by Kidz FunTivities or across any of the Kidz FunTivities social media platforms.

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