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Chatsifieds.com Marketing Services Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Chatsifieds.com’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Chatsifieds.com and “You” and “Your” refers to you, the customer, the client, visitor, website user or person using our website. Product, Products, Product(s) and service refers to GOODS, SERVICES AND SOCIAL MARKETING SERVICE, SOCIAL MEDIA MARKETING SERVICE MEMBERSHIP, MEMBERSHIP AND MEMBERSHIP SUBSCRIPTIONS offered by Chatsifieds.com.

ACCEPTANCE

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Chatsifieds.com’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Chatsifieds.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Chatsifieds.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

PERFORMANCE LEVELS

You acknowledge that:

  1. Chatsifieds.com is unable to guarantee engagement or growth of social media accounts;
  2. Chatsifieds.com is unable to guarantee improved traffic or sales to the Customer’s business.
  3. Chatsifieds.com makes no warranties regarding the likelihood of success of marketing or promotional activity undertaken pursuant to the agreement.

CONTENT AND MATERIALS SUPPLIED BY YOU

You must provide all content and all required materials before advertising management begins (brand assets, style guide, images, etc) Chatsifieds.com reasonably request (the client content) in a timely manner.

You must supply all Client Content in the following digital format/s:

logos: vector format (at least one with transparent background format and in png format);
text/copy: Microsoft Word or Rich Text (clearly labelled and in correct order);
tables: Microsoft Excel (clearly labelled and in correct order);
images: high resolution where possible (JPEG, PNG files);
diagrams/maps: vector format (AI) or (JPEG files);

Chatsifieds.com may charge Additional Costs if the Client Content is not provided in the appropriate format or if material is not supplied when requested.

You warrant that the materials or content you provide to us, or that are provided to us on your behalf, will not: breach any rights (including but not limit to Copyrights, Intellectual Property Rights or Moral Rights) of any third party; or compromise the security or operation of our computer systems, through a virus or otherwise.

Any databases and email lists you provide for upload must have been obtained in compliance with current anti-spam legislation. We will not be held responsible for databases and email lists provided to us by your company.

SOCIAL MEDIA ADVERTISING and MANAGEMENT

You hereby agrees to do all things reasonably necessary to enable Chatsifieds.com to provide Social Media Services. This includes:

  • providing content to use in respect of your social media profile/s on the nominated social media platform/s;
  • providing access to social media account/s held by you (including authorisation to add Chatsifieds.com staff to your Business Manager account, granting administrator privileges, as well as any passwords &
  • usernames upon request) on the nominated social media platform/s;
  • if necessary, granting permission to create new social media account/s and profile/s on the nominated social media platform/s under your name and to accept third party terms on your behalf in order to set up those accounts (and you understand that you will be bound by any third party terms that are accepted on your behalf);
  • providing access to any third-party apps or extensions required (including schedulers);
  • if necessary, granting permission to create new social media account/s and profile/s on the nominated social media platform/s under your name and to accept third party terms on your behalf in order to set up those accounts (and you understand that you will be bound by any third party terms that are accepted on your behalf);

The following services will not be provided by Chatsifieds.com (unless stated) as part of your package:

  • Posting Instagram or Facebook ‘Live’ videos
  • Liking other’s Posts
  • Commenting
  • Endorsing
  • Replying to Comments or Inbox Messages.

VARIATIONS AND ADDITIONAL COSTS

If during the course of our engagement there are changes in the Specifications of the Service, the changes will be treated as a Variation.

Where a Variation occurs Chatsifieds.com reserves the right to halt work and review the Service costings. Chatsifieds.com will discuss the Variation with you and where required will issue a Variation Notice which is to include the modifications to the Specifications and any associated costs. Chatsifieds.com will not proceed with the Services until Chatsifieds.com receive your written approval to proceed.

Examples of Variations include:

  • introduction of additional requirements not discussed during the onboarding process i.e. introduction of video imagery, ad text, ad design;
  • development work.
  • additional Service management time and overtime required to meet deadlines due to delays by the Client providing approval, Client Content or feedback;
  • costs for commercial fonts, photography, audio and video;
  • unplanned delays in obtaining approval, Client Content or feedback resulting in Chatsifieds.com
  • having to reschedule services, staff or facilitate continuance;

Examples of Additional Costs include:

  • content not in the appropriate and or in correct format;
  • Purchase of stock images, fonts, photography, audio or video
  • extra workshops or workshops requiring additional hours;
  • requested additional design concepts / alternations;
  • requested changes to the design after final approval has been requested or provided;
  • uploading and styling/layout of additional Client Content;
  • additional meetings and travel time.

Where images need to be sourced or brand assets need to be created or manipulated, this may be at an additional charge. We will notify you beforehand. When any stock images, stock videos, stock audios or commercial fonts are purchased on your behalf, Chatsifieds.com will be the license holder and the image or font can only be used under the terms of the license/s.

Additional Costs will be invoiced separately to the Client on an ad hoc basis, charged at current Professional Hourly Rates of  $130 + gst per hour.

Ownership of the finished photography, audio or video will be transferred to you upon full payment of all issued invoices.

Chatsifieds.com retains ownership of all working files.

DELIVERY OF GOODS, SERVICES AND SOCIAL MEDIA MARKETING SERVICE MEMBERSHIP

Social Media marketing and membership subscription services are delivered online only.

All advertisements will be delivered online and on these social media platforms Facebook, and / or instagram. Chatsifieds.com reserves all the rights to choose and decide on the best advertisement platform for your advertisements to run and to display.

SOCIAL MEDIA MARKETING SERVICE MEMBERSHIP RENEWAL AND CANCELLATION TERMS

This agreement is deemed to commence from the date of the first invoice for service and shall remain in force for 1 calendar month. The agreement will be renewed thereafter every month, unless cancelled by either party in advance.

By default, your social media marketing service membership will be renewed automatically. You can switch off this auto renewal process by toggle the “Auto-Renew” in your “VIP Members Area”. If you do not cancel your social media marketing service membership prior to two weeks before your renewal date, we will renew your subscription for another same length of membership subscription term (same length as your original subscription eg month, quarterly or annual).

TERMINATION

Either party may terminate this agreement by giving 2 WEEKS written notice to the other regardless of conclusion date, without assigning any reason whatsoever . The obligations of the parties shall continue during the notice period.

Example: If you’re invoice date is 1st day of the month, and you cancel on 26th day of the January, your service would renew on 1st February and end on 28th February. Your last invoice would be the 1st February.

by email to…

The Agency: [email protected]
The Client: Primary Contact’s email address

Chatisifieds.com reserves the full rights to refuse or block you from signup or join again if you have been found of gaming or cheating on our systems in any ways.

PRICE, OTHER FEES AND TAXES

You agree to authorise a recurring payment fee, processed by Paypal or Stripe when you join the membership. This auto-renews and can be cancelled anytime.

The Products in your Order are charged at the Price specified on the Website at the time you place the Order.

Prices are in Australian dollars ($AUD) and include GST (where applicable).

If you have placed a Recurring Order at a particular price, then we will supply the Product(s) at that Price for the entirety of your membership.

PAYMENT

Orders must be placed using an approved payment method (Paypal or Stripe).

We reserve the right to undertake, or engage a third party to undertake, fraud detection procedures to verify that the Order and credit card details are genuine and that You are the legitimate cardholder.

ORDERS

Your Order will not be processed or delivered if a payment is declined

Orders must be placed on this web site and on our order page.

By placing an Order, you make an offer to us to purchase the Products you have selected on the Website subject to these Terms.

You will receive an electronic Order confirmation from us after you have placed your Order and made payment in full.

The electronic Order confirmation is an acknowledgement that we have received your Order and does not constitute the acceptance of the Order.

An Order will be accepted, and an agreement between Chatsifieds.com and You, will be formed once your payment has been received and approved, your debit or credit card has been debited via PayPal, Stripe and any additional verification procedures have been undertaken by us or a third party.

Once you have placed your Order, you cannot cancel or revoke your Order unless expressly provided for in these Terms.

ORDER CANCELLATIONS

We reserve the right at any time after the receipt of the Order to reject or cancel the Order for any reason including without limitation unavailability of stock; withdrawal of stock; an error in the price, image or description of the Product(s); an incorrect or incomplete Order; or unapproved payments, . If we reject or cancel your order, we will immediately notify You by email or phone using the email address or number(s) provided by You.  If applicable, we will refund any payment made by You by using the original tender and method used by You to place the Order.

To the extent permitted by law, Chatsifieds.com will not be liable to You for any loss or damage suffered by You or any third party as a consequence of the cancellation of an Order for any reason.

FEES. REFUNDS AND PAYMENTS

There are no refunds available on Services by Chatsifieds.com.

You agrees that Chatsifieds.com may charge the credit card or direct debit for any additional amounts (including taxes and late fees, as applicable) as may be accrued in connection with Chatsifieds.com charges.

Costs of Recovery – The debtor/s shall pay for all costs actually incurred by Chatsifieds.com Pty Limited in the recovery of any monies owed under this Agreement including recovery agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis.

Mailing LIST AND NEWSLETTERS

You can unsubscribe at any time by clicking the link in the footer of our emails.

We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp’s privacy practices here.

LINKS TO OTHER WEBSITES

Chatsifieds.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Chatsifieds.com and the owners of those websites. Chatsifieds.com takes no responsibility for any of the content found on the linked websites.

Chatsifieds.com’s website may contain information or advertisements provided by third parties for which Chatsifieds.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Chatsifieds.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Chatsifieds.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Chatsifieds.com is not liable for faults or defects in any services or goods provided by third parties in connection with this agreement; or any indirect, special or consequential loss (including loss or corruption of data, loss of profits, revenue, goodwill, anticipated savings and business interruption) however arising, whether or not Chatsifieds.com knew of the possibility of such loss and whether or not such loss was foreseeable.

You can provide stock images, commercial fonts, audios or videos. You indemnify, and agree to keep Chatsifieds.com, its directors, officers and employees indemnified, against all Loss arising out of the breach of these licenses.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

Your advertisements dropped, rejected, refused or excluded by a search engine, social media network service providers including but not limit to facebook or instagram for any reasons;

To the fullest extent permissible by law, Chatsifieds.com shall not be liable to the Customer for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of goodwill or loss of use of facilities or equipment), or any other damages whether arising from the negligence of Chatsifieds.com or otherwise. Where liability cannot be legally excluded, the liability of Chatsifieds.com shall be limited to the cost of supplying the Services again.

It is your sole responsibility and not the responsibility of Chatsifieds.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Chatsifieds.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Chatsifieds.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

Chatsifieds.com may be required, in certain circumstances, to disclose information in good faith and where Chatsifieds.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Chatsifieds.com. Chatsifieds.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Chatsifieds.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Chatsifieds.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Chatsifieds.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Chatsifieds.com concerning your use and access to Chatsifieds.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

EDUCATION CLASSES, LESSONS, COACHING AND MENTORING

By using our services, you agree that Chatsifieds.com is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Chatsifieds.com liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, classes, lessons, one on one lessons, advice, coaching, materials or techniques used or provided by Chatsifieds.com.

Chatsifieds.com makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to our education classes, lessons, coaching and mentoring services, agreed upon and rendered. In no event shall Chatsifieds.com be liable to the Customer for any indirect, consequential or special damages as a result of services it provides.

All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and Chatsifieds.com takes no responsibility for your actions, choices or decisions.

JURISDICTION

This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and Chatsifieds.com that results in litigation then you must submit to the jurisdiction of the courts of VIC.

CONTACT US

If you have any questions about our Terms & Conditions, please contact us by email: [email protected]