Industry Update (ABN 25 083 502 783) and the user of this website ("You" or "Your")
In this section:
- In this Agreement (glossary of Terms)
- Using Industryupdate.com.au - general requirements
- Business Listings
- Intellectual Property Rights
- Refunds and Cancellations
- Editorial Guidelines
Please read all of the Agreement carefully before using Industry Update. By using Industry Update, You acknowledge and agree that You have had an opportunity to read and understand the Agreement and agree to be bound by it. If You have any questions, please contact Industry Update (firstname.lastname@example.org) prior to agreeing.
In this Agreement:
Content means all content posted by You onto Industry Update including, without limitation, all text, graphics, icons, photographs and URLs.
Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.
Business Listing means a business listing in the Database. A Business Listing may contain information about the listed business, for example, contact details.
Database means the national database of Business Listings which is collected by Industry Update and made accessible to the public via the online business directory on Industry Update.
1. Using Industryupdate.com.au – general requirements
1.1 Industry Update will make Industry Update available to You on the terms and conditions of this Agreement.
1.2 You may use Industry Update in accordance with this Agreement, including the licence granted in clause 3.
1.3 Industry Update takes the accuracy of its Database very seriously. If You see any material on Industry Update which:
(a) infringes any law, regulation, standard or relevant industry code;
(b) breaches the requirements of this Agreement; or
(c) is incorrect,
please inform us as soon as possible, through an email to email@example.com
1.4 Industry Update contains content created by third parties (i.e. not by Industry Update), other information obtained from public sources and links to other websites (such content and websites together, Third Party Content). Except as otherwise indicated, we do not endorse, sponsor or approve any business listed on Industry Update, any Third Party Content or the products or services offered by any business listed on Industry Update.
1.5 Automated access to Industry Update by or on behalf of internet search engines is permitted.
1.6 Subject to clauses 1.5, You must not:
(a) access Industry Update other than through the normal Industry Update web interface;
(b) access Industry Update through any automated means (including, without limitation, through the use of scripts or webcrawlers);
(c) use Industry Update if You have previously been barred from using it, any other "Industry Update" branded website or any other website operated by Industry Update;
(d) infringe the intellectual property rights of others;
(e) impersonate or falsely state or misrepresent an affiliation with any person or organisation;
(f) use Industry Update or any information contained on Industry Update in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any similar activity;
(g) violate (or cause Industry Update to violate) any applicable law, regulation, standard or relevant industry code;
(h) sell, resell, reproduce, duplicate, trade or exploit for any commercial purpose any portion of, use of, access to or data on Industry Update which does not form part of Your Business Listing; or
(i) supply any service through Industry Update, other than through off-line commercial activity generated by the Business Listing for Your own business (being activity which takes place off the internet or off the Industry Update website).
1.7 You acknowledge and agree that Industry Update retains complete editorial control over Industry Update and that Industry Update may, in its sole discretion and without notice to You:
(a) reject, remove, delete or amend any material contained on Industry Update or in the Database at any time, including (without limitation) any material contained in any Business Listing;
(b) reject, refuse, remove, delete or amend any Content at any time;
(c) position Content and/or any Business Listing as it sees fit; and
(d) stipulate other conditions to ensure that the commercial nature of Content is clear.
1.8 Industry Update reserves the right to modify, discontinue or disable Industry Update or any part of Industry Update (on a permanent or temporary basis) at any time.
1.9 Industry Update may terminate this Agreement, remove Your Business Listing and/or refuse You access to Industry Update if You have breached, or we consider that You will breach, this Agreement or for any other reason that Industry Update, in its sole discretion, sees fit.
2. Business Listings
2.1 You may use Industry Update to add, amend and/or update a Business Listing, solely on the terms and conditions of this Agreement.
2.2 All Content must:
(a) be complete and accurate;
(b) be supplied in the manner and format specified on Industry Update or as otherwise directed by Industry Update;
(c) not be of a nature likely to bring Industry Update or Industry Update into disrepute; and
(d) comply with all laws, regulations, standards and relevant industry codes.
2.3 You must not:
(a) use Industry Update to post Content for a business that is not located in Australia;
(b) use Industry Update to add or amend a Business Listing where You do not have the express authorisation of that business to do so;
(c) upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;
(d) upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Accessible Content;
(e) infringe the intellectual property rights of others; or
(f) breach a law including, without limitation, any law that restricts advertising of a profession.
2.4 If any of the information in the Business Listing for Your business changes, becomes out of date, or no longer complies with this Agreement, You must:
(a) immediately amend Your Business Listing so that it complies with this Agreement; and/or
(b) immediately notify Industry Update.
2.5 You acknowledge and agree that by posting Content onto Industry Update You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from Industry Update or any Industry Update authorised third party.
2.6 You must provide Industry Update with a copy of the authorisation described in clause 2.3(b) on request.
3. Intellectual Property Rights
3.1 Industry Update and the Database are owned and operated by Industry Update. You acknowledge and agree that all intellectual property rights comprised in or relating to Industry Update and the Database belong to Industry Update or our licensors, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.
3.2 You may download and view content and/or print a copy of material on Industry Update for Your own use only, provided You do not:
(a) modify the content (including, without limitation, any copyright notice) in any way;
(b) make the content public; or
(c) use the content in a manner or for a purpose prohibited by this Agreement.
3.3 You must not do anything which breaches or otherwise interferes with Industry Update's intellectual property rights. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on Industry Update without our written permission and, if required, payment of a specified fee. Requests to reproduce any content may be made via an email to firstname.lastname@example.org
3.4 We may publish and communicate to the public any Content. By posting Content onto Industry Update, You grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to:
(a) reproduce, modify, add to, use, copy, publish, communicate and adapt the Content for any purpose and in any manner anywhere in the world, including (without limitation) on Industry Update and as part of the Database; and
(b) permit any other person to do any of the things referred to in paragraph (a), (Licence).
3.5 You must waive, and must ensure that all other persons waive, absolutely and irrevocably all moral rights in relation to any Content. For the purposes of this clause 3.5, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that moral right.
3.6 For the avoidance of doubt, You acknowledge and agree that:
(a) the Licence includes a right for us to:
(i) make the Content available to other companies, organisations or individuals with whom we have a relationship for the provision of services and to use such Content in the provision of those services;
(ii) make the Content available to the public via any website or as part of any services or products in any jurisdiction;
(b) we will allow Industry Update users to search Content You have posted; and
(c) You will do everything necessary (including without limitation, on request, execution of any documents) to give Industry Update the full benefit of the licences, waivers and consents set out in this clause 3.
3.7 The Licence will survive any termination of this Agreement.
3.8 Your use of some Third Party Content (including, without limitation, third party websites linked to Industry Update) may be subject to a third party's terms and conditions of use. Nothing in this Agreement (or otherwise on Industry Update) constitutes a licence or right for You to use such content.
(b) where possible, have that person provide us with that personal information directly.
5.1 You represent and warrant to Industry Update that:
(a) You are fully authorised to publish and to authorise Industry Update to publish all Content (including, without limitation, having full authorisation from any business whose Business Listing You add, amend or update);
(b) You are at least 18 years of age and have the legal capacity to enter this Agreement;
(c) publication of Accessible Content in accordance with this Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
(d) You have the ability to grant the Licence;
(e) all Accessible Content will, at all times, comply with all applicable laws, regulations and relevant industry codes;
(f) all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised;
(g) the Accessible Content does not, and will not at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
(h) You have obtained the consent of all individuals whose personal information is included in the Content to:
(i) the collection of that personal information by Industry Update; and
(i) all Accessible Content will be current and accurate, and will not mislead or deceive end users of Industry Update; and
(j) each website represented by any URL shown or embedded in the Business Listing for Your business:
(i) is controlled and operated by Your business or its independent contractor;
(ii) will be functional and accessible at all times; and
(iii) is suitable in all respects, including (without limitation) subject matter, to be linked to Industry Update.
6.1 To the full extent permitted by law and subject to clause 6.4, Industry Update excludes all representations, warranties, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
6.2 Industry Update is provided "as is", and You acknowledge and agree that Industry Update has no control over Third Party Content and that Your use of Industry Update (including, without limitation, all material obtained from or linked to Industry Update) is at Your sole risk. Nothing on Industry Update constitutes the giving of financial or other advice. You should obtain qualified professional advice before acting on the basis of any information on Industry Update.
6.3 To the full extent permitted by law, Industry Update excludes all liability to You for any damages or loss (including without limitation, loss of profits, indirect or consequential loss) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) suffered by You in connection with:
(a) Your use of, or reliance on, Industry Update (or any information contained on or linked to Industry Update);
(b) any dealing You have with any business displayed on Industry Update.
6.4 Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision in this Agreement, to the extent to which Industry Update is entitled to do so, Industry Update limits its liability in respect of any claim under those provisions to:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
6.5 You hereby indemnify and hold harmless Industry Update and its officers, employees and agents from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:
(a) Your breach of this Agreement, including (without limitation) a warranty in clause 5;
(b) any act of fraud or wilful misconduct by or on behalf of You; and
(c) the publication or use of, or any act or omission in relation to, the Accessible Content including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements.
7. Refunds and Cancellations
7.1 Once You have purchased advertising on Industry Update Online, a minimum of 60 days notice from the deadline due date, must be received in writing for all cancellations.
7.2 Cancellations will not be accepted for bookings made within 60 days of the commencement date.
7.3 Once You have paid either in part of in full for advertising, a no refund policy applies.
7.4 If special package rates have been negotiated in an advertising offer and part of the package is cancelled after booking, then the full rate for all of the advertising booked in that deal will apply. For the advertising that has already been published, an adjustment invoice will be issued.
7.5 Verbal cancellations are not acceptable and all cancellations must be made in writing.
8.1 We may provide You with notices by email, mail or by posting content on Industry Update.
8.2 You should carefully read and agree to this Agreement each time You use Industry Update. Whilst Industry Update hopes not to have to alter this Agreement, it is possible that changes will be required from time to time. By using Industry Update (including, without limitation, by posting any Content) You agree that the then current version of this Agreement will apply to that use.
8.3 Industry Update may assign this Agreement provided that the relevant assignee undertakes to perform all of Industry Update's obligations herein. Subject to the foregoing, neither party may assign this Agreement in whole or in part.
8.4 The indemnities in this Agreement are:
(a) continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and
(b) absolute and unconditional and unaffected by anything that might have the effect or prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.
8.5 This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
9. Industry Update Editorial Policy
To maintain quality and consistency Industry Update Magazine has a strict editorial policy.
Editorial submissions should adhere to the following:
(a) The article must be submitted to Industry Update at least one week in advance of the edition deadline.
(b) The article must be written in a style appropriate for a news story. It is not an advertisement.
(c) The article must be of reasonable quality (this includes, but is not limited to, correct spelling and grammar, as well as good style).
(d) The article must not contain trivial or offensive material.
(e) The article must be current and not previously published in IU.
(f) The article must be submitted in a format IU accepts.
(g) Unless there is a prior arrangement, you should send articles as email attachments in Microsoft Word format (.doc) or Rich Text Format (.rtf).
Email to: email@example.com.
Please include your business name in the email’s subject. If you send more than one email, please include something in the subject to help us distinguish between them.
The article we publish may differ from the material you submit.
Articles may be edited to conform with strict editorial guidelines. Any editorial or image changes will be at the editor’s discretion.
9.1 Use of company logos
(a) It is our strict policy NOT to run company logos with client editorials.
(b) If we bend this rule for one company, we are obliged to do it for all.
(c) Logos are more appropriately included with paid advertising.
9.2 Use of images
(a) Images should be supplied in either Jpeg or TIF format. High res (print quality)
(b) Images (1mb-3mb) are preferable.
(c) At least two images should be supplied if possible to assist with layout options.
(d) There is NO guarantee images will be used with editorial. (This will be determined by available space and image quality)
9.3 Some conventions of editorial:
(a) Don’t refer to your business in the first person (i.e. “we”, “our”, “us”).
(b) Don’t say the business is “pleased” (or “proud” or “happy”, etc) to do something, unless it is within a quotation.
(c) Use full sentences – remember that it is an article not a classifieds entry.
(d) Bullet point lists can be an exception to this rule, but don’t have too many points.
(e) Make sure you provide a full article within the word limit (usually 150-200 words).
(f) You can provide additional words, which we may publish if space permits.
(g) If you do this, make sure the main points are at the beginning, so we can delete excess words.
(h) Alternatively, you could send separate long and short versions.
(i) Try to write with clarity and style. This is very important if you want us to print multiple, long or unsolicited articles.
(j) Important technical specifications are okay, but don’t go overboard. Try to tell readers about the practical benefits of your product in everyday language.
9.4 Your contact details are IMPORTANT.
Please end the article with your business name, phone number and website address e.g.:
Ph: 02 9999 9999