Terms of use

The Viztrade terms of use are entered into between the company identified within the sign-up page and Viztrade. These Terms, including any linked Support Pages, form a legally binding contract between the Customer and Viztrade. By using the Services, the Customer agrees to the Terms.

Viztrade may modify or update these Terms from time to time, effective upon posting an updated version of the Terms at http://www.Viztrade.com/terms. Viztrade may provide the Customer with a notice of such modifications or updates via email and/or the Home screen, and the Customer is responsible for regularly reviewing the Terms. Continued use of the Services after any such modifications or updates will indicate the Customer’s consent to be bound to the modified or updated terms.

Please find the Website Terms of Use listed below.

Provision of Services

2) Authority: If you are booking ads on behalf of a company or advertiser, you represent and warrant that you have the requisite authority of the advertiser to use the Service on their behalf.

1) Access to Services: You must register an account and provide correct information that is requested in order to access the Services. You must not use false or misleading information when registering to use the Service, and it should be noted that your obligations will not be reduced in the event that you provide false or misleading information when registering for your Account.

3) Viztrade Policies: Viztrade is a self-service ad platform that connects you to Viztrade Exchange to purchase advertising inventory. Because you are purchasing advertising inventory on premium sites, Viztrade maintains high standards and requires that all advertising creatives, including the destinations for ads, are professional and ethical. Viztrade may, at any time, restrict advertisers, accounts or creatives from running if any ad does not meet with the Viztrade standards and specifications.

4) Uploading files: Where you upload an electronic file containing the ads, you agree that all files will be free from corruption, viruses and any other defect that may affect our ability to provide the Services.

5) Third-party providers: You must adhere to terms and conditions of Viztrade’s third-party providers as communicated by Viztrade.

6) Restrictions: All advertisements submitted to Viztrade for ad serving must comply with all advertising policies, support documents and these Terms of Use, as well as all legal regulations. Viztrade accepts the ads for ad serving relying on your express warranty, the truth of which is essential that the ad does not contain anything:

a) that is misleading or deceptive or likely to mislead or deceive or which otherwise breaches the Australian Consumer Law and Fair Trading Act 2012

b) that is defamatory or indecent or which otherwise offends against generally accepted community standards.

c) which is considered adult content, that includes sexually explicit content, sexual abuse (illegal sexual themes, child sexual abuse) or promoting a sexual act in exchange for remuneration.

d) that infringes a copyright or trademark or otherwise infringes any intellectual or industrial property rights, or links to a site that uses provides unauthorised access to copyrighted materials.

e) that promotes the sale or distribution of counterfeit goods, knock-off products, or products that you are not authorised to sell in Australia.

f) that promotes the sale or distribution of any restricted goods or goods that are prohibited from being advertised in Australia (for instance, tobacco, illicit drugs or weapons).

g) that breaches any right of privacy or confidentiality.

h) that breaches any provision of any statute, regulation, by-law or other rule or law.

7) Other restrictions: You acknowledge and agree that Viztrade Exchange and any third-party platforms may have specific restrictions for ads served on a particular site. Submitting an ad to Viztrade is not an endorsement or acceptance of your ad.

8) No vetting services: Viztrade takes no responsibility for approving or vetting your ad before it is served and/or published.

Campaigns

9) Campaign: means the defined parameters and objectives (e.g. overall budget and dates) that you enter into the Services. You may have one or more Campaigns active at any one time.

10) Minimum spend: Minimum Campaign of $30 – exclusive of GST per Campaign – applies.

11) Campaign Dates: Your Campaign will stop, and subsequently ads will stop being pushed to Viztrade Exchange, if you reach your chosen budget (“Campaign Budget”) or when you reach the end flight date for your Campaign. All Campaigns for ads that include pricing promotions must include an end flight date for the Campaign or an updated creative must be uploaded to replace the ads with the pricing promotion. Your Campaign may also be stopped if you reach your Spend Limit – see clause 27 for further details.

12) Monitoring your Campaign: You are responsible for setting and monitoring your Campaign Budget.

13) Impressions: Our ad-serving engine will count and recognise campaign advertising impressions to calculate the Campaign Budget. The Viztrade impression count is final. A third-party ad-serving engine may also be used but its impression count will not be used to calculate the Campaign Budget, unless we agree otherwise in writing.

14) Cancelling a Campaign: You may cancel a Campaign at any time using the Dashboard. You will be charged for the Services provided to you during your Campaign.

Account Administration

15) Contact details: If your details change during your use of the Service you must provide us with your updated details. We are not responsible for any loss of damage which may occur as a result of you providing us with incorrect or outdated information.

16) Account security: You are responsible for the security of your Account username and password. Viztrade may assume that anyone using your Account is authorised to do so by you. Unauthorised access and use of your Account will, under no circumstance, reduce your liability in connection with using the Service, this includes your obligation to pay for advertising booked as a result of using your Account. If you become aware of any unauthorised use of your Account or any other security breach, you must notify us immediately.

17) Account suspension: Viztrade is authorised to suspend or cancel your Account or refuse you access to the Site and/or Service at any time for any reason including, but not limited to, any breach or violation of these Terms.

Advertising Inventory

18) Binding offer: When you submit a request for a Campaign you are making an offer to purchase advertising inventory based on the requirements of your Campaign. You must follow the instructions on the Site as to how to make your offer and set-up your Campaign. Submitting a Campaign on the site constitutes a legally binding offer for the purchase of the advertising inventory.

19) Dashboard: Your Dashboard will display information about your account and advertising campaigns.

19) Dashboard: Your Dashboard will display information about your account and advertising campaigns.

Fees

20) GST is inclusive: Unless stated otherwise, all amounts payable under this Agreement are inclusive of GST.

21) GST invoice: Subject to clause 20, if GST applies under or in connection with the purchase of advertising inventory or the Services, the fees will be increased by an amount equal to the GST liability properly incurred.

22) Budget: The Customer sets the budget for the purchase of advertising inventory. This is the price that the Customer will be charged for purchasing the advertising inventory.

Billing

23) Valid credit card: To submit an order for advertising inventory you must register a valid credit card against your Account. Viztrade may accept billing “on account” basis provided you meet certain criteria; standard terms for on account customers apply.

24) Scheduled Billing: Viztrade runs a weekly scheduled billing (“Scheduled Billing”). This Scheduled Billing will charge your credit card for any activity run during the set billing timeframe (minus any manual/Pay Now payments made during that time frame).  For more info see our FAQs section on the Viztrade website.

25) Spend Limit: Viztrade sets a spend limit (“Spend Limit”) for your Account, which will ensure that you do not spend over a certain amount in any one week, regardless of Campaign Budgets you may have set. Customer may request to adjust their Spend Limit by contacting accounts@Viztrade.com

26) Multiple invoices: Viztrade is authorised to invoice and charge you multiple times during the month if you reach your Spend Limit and/or for any weekly Schedule Billing that has been ran where you have accumulated charges.

27) Charging your credit card: If your credit card accepts a charge the Campaign will continue as normal. If your credit card declines a charge, then your account will be immediately suspended until such time as payment is received.

28) Timing for charges: Viztrade will charge your credit card on the elected weekly Scheduled Billing day each week or whenever your Account reaches your Spend Limit, whichever occurs first. You are responsible for ensuring that you have sufficient funds available on your credit card to accept the charges.

Variation to the Site and Service

29) We may, from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Services. We undertake no obligation to update, amend or clarify information on the Site including, but not limited to, pricing information, except as required by law.

30) We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of any part of the Service or the Site.

Prohibited Use

31) You agree not to reproduce, duplicate, copy, sell or exploit any portion of the Site or Service, without express written permission by us.

32) You are prohibited from using the Service or any part of the Site or its content:

a) for any unlawful purpose;

b) to solicit others to perform or participate in any unlawful acts;

c) to violate any rules, laws, statutes or regulations;

d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

f) to submit false or misleading information;

g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

h) to collect or track the personal information of others;

i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

j) for any obscene or immoral purpose; or

k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

33) We reserve the right to terminate your use of the Service and/or Site for violating any of the prohibited uses.

Disclaimer

34) Some of the content on the Site is derived from sources believed to be accurate and current as at the date indicated by reference to the “last reviewed” date. Neither we nor any of our respective directors, officers, agents, employees or contractors give any representation or warranty as to the reliability, accuracy or completeness of the content; or warrant that any of the functions contained in any content or your access to the Site, will be uninterrupted or error-free.

35) Neither we, nor any of our respective subsidiary companies, officers, employees and agents shall, under any circumstances, be liable in any way for any loss; or direct, indirect, consequential, incidental, indirect or special damages, of any kind or any other damages howsoever arising (whether in negligence or otherwise), out of or in connection with the content and/or any omissions from the content.

36) In the case of services supplied or offered by us or our respective subsidiary companies and their officers, employees and agents, liability for breach of any implied warranty or condition which cannot be excluded is limited at the relevant party’s option to the supply of the services again.

Warranties

37) Viztrade relies on your express warranty that:

a) the ad complies in every way with the Code of Ethics issued by the Australian Association of National Advertisers (AANA) and with every other code or industry standard relating to advertising in Australia;

b) ad serving or publication of the material will not give rise to any liability on our part or in a claim being made against us in Australia or elsewhere; and

c) The ad does not include any cookie, tracking tag or other tracking device unless we have provided our prior written consent to such inclusion, to the extent we consent to you collecting information relating to our users, you may only use such information for the advertiser’s internal statistical purposes and solely in respect of the relevant advertising campaign.

For the avoidance of doubt, you must not disclose any User Information to any third-party and must not use any User Information in connection with any advertising campaigns on any third-party properties or websites. If you are a representative of an advertiser, this does not prevent you from disclosing the User Information in summary format only to the advertiser, provided you procure that the advertiser only uses such information in accordance with these terms. We may immediately remove any advertisement without liability in the event of any breach. Any such termination will not affect your obligation to make payment.

38) You agree to indemnify us against any losses, liabilities, costs, claims or expenses whatsoever arising directly or indirectly from any breach of the warranties set out above and from any costs incurred in our making corrections or amendments in accordance with the terms that follow.

Useful information

39) Receiving communications from us: By signing up for an Account or placing an advertisement with us, you agree to provide us with an email address to be used for service notifications and other information about your Account. If you do not agree to provide us your email address, we may not be able to provide you with the Services that you request, either to the same standards, or at all. In addition, from time to time, Viztrade may send you marketing communications unless you have notified us you do not wish to receive these messages. Please review our http://www.Viztrade.com/privacy for more information on how we collect and use data relating to the use and performance of our websites and services.

40) Governing Law:

These Terms are governed by the laws of Australia.

41) Company information:

Viztrade is a business division of Viztrade Pty Ltd with its registered office at is West 9, Federal Mills Park, 33 Mackey Street, North Geelong 3215.

42) Contact information:

All questions about these Terms should be directed to support@Viztrade.com

Website Terms

By visiting the Site and using the Service (if an account has been registered) you are considered to have accepted the Privacy Policy, the Terms of Use, and these Website Terms, and are therefore bound by these conditions. Please read the Terms carefully; if you do not agree with all the Terms you may not access the Site or the Service.

We reserve the right to amend these Website Terms at any time. You are deemed to be aware of and bound by the amendments to the Website Terms upon publication on the Site. You should review the Website Terms periodically and before giving any information or confirming it to us

Ownership of Content on the Site

The materials displayed on the Site, including without limitation, all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site are protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise on the Site. All rights to, title and interest in the Content are owned, licensed or controlled by us or the party credited as the provider of the Content.

Access to the Site

You must not use the Site or the Content in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is otherwise prohibited by these Terms. Under no circumstances may the Content be used to establish, maintain or provide, or assist in establishing, maintaining or providing a stock market (other than one authorised by law) for trading of securities.

Indemnity

You indemnify and hold us and our subsidiary companies, officers, employees and agents harmless and keep us indemnified, from and against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages incurred or suffered by any of them arising from your access to and/or use of the Site.

Advertising and Links to Other Websites

The Site may contain links to third party websites which are not under our control. We are not responsible for the content of any linked website or any hyperlink contained in a linked website other than our own websites. Hyperlinks are provided to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by us or our employees. We do not provide any guarantees, representations or warranties as to the nature, content and reliability and shall have no liability for any electronic content delivered by a third party, including and without limitation to, the accuracy or reliability of any information, data, opinions, advice or statements made on those linked websites or the timeliness of any electronic content. You link to any such linked website entirely at your own risk.

Access outside Australia

We cannot guarantee that materials on the Site are appropriate or available for use in other countries and accessing them from other countries or territories where their content is illegal is strictly prohibited. Use of the Site is done on the understanding and acceptance that you have the responsibility to do so on your own initiative, and you are therefore solely accountable for compliance with local laws.

General

In these Website Terms and conditions “us”, “we” or “our” means Viztrade PTY LTD.