1. The positioning and placement of an Advertisement and listing is at the discretion of indbiz™ except where expressly agreed in writing by indbiz™. indbiz™ will attempt to position Advertisements, in accordance with the Advertiser’s request if the Advertiser has agreed to pay any relevant preferred position loading charges.
2. Every Advertisement submitted for the Apps is subject to indbiz™’s approval. indbiz may at its absolute discretion at any time:
2.1 Refuse to publish any advertisement without giving any reason (in which case, no charge to Advertiser will be incurred);
2.2 Cancel a campaign or promotion (in which case, no charge to Advertiser will be incurred for the unpublished portion of the campaign);
3. Indbiz™ owes no duty to Advertiser to review, approve or amend any Advertisement and no review, approval or amendment by Indbiz will aﬀect Advertiser’s responsibility for the content of the Advertisement.
4. Indbiz™ may, but is not obliged to, under pressure of deadline and without prior consultation or notice to Advertiser, amend any Advertisement in any terms whatsoever, if indbiz™ perceives it to be:
4.1 In breach of any law of Australia or of any state (whether civil or criminal);
4.2 In breach of any pre-existing publishing agreement entered into by Indbiz;
4.4 In contempt of court or parliament;
4.5 Otherwise likely to attract legal proceedings of any kind; and
5. Indbiz™ owns and retains all copyright and other intellectual property rights in relation to any Advertisements produced by indbiz™ or any materials provided by indbiz™ for use in an Advertisement.
Use of this Application
6. Indbiz Media Pty Ltd (indbiz™) is the owner and operator of this App.
7. Users of this App (Users) agree to be bound by these Terms & Conditions. Your use of and access to this App indicates your acceptance of these Terms & Conditions, as they exist at the time of use.
8. Indbiz™ may amend these terms and conditions at any time by posting changes on the App. If you use the App (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms and conditions.
9. All intellectual property in relation to content on this App belongs to indbiz™ or its licensors, advertisers or aﬃliates. You obtain no interest in that intellectual property. All content on this App is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
11. The logos of the App are trademarks of indbiz™ or its related bodies corporate. Other trademarks may be displayed on the App from time to time. These may belong to third parties. Nothing displayed on the App should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the App, without the express written permission of the relevant owner.
Liability & Indemnity
12. Indbiz™ does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) which cannot be excluded, restricted or modiﬁed. However, indbiz™ excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the App whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to indbiz™ liabilities and obligations under the ACL:
12.1 Indbiz™ does not warrant the accuracy of the content which you access through this App. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this App may be changed at indbiz™ sole discretion and without notice;
12.2 Indbiz™ will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this App;
12.3 Indbiz™ does not warrant that functions of this App or which you access through this App, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that indbiz™ or the server that makes it available, are free of viruses or bugs; and
12.4 You indemnify indbiz™ and its aﬃliated companies, and each of their directors, oﬃcers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of this App.
Third Party Content & Links
13. This App may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this App should be construed as granting any licence or right for you to use that content.
14. This App may include links to third party sites which are not related to indbiz™ and in relation to which indbiz™ has no control or interest. The appearance of those links on this App does not indicate any relationship between Indbiz™ and that third party or any endorsement by indbiz™ of that third party, its site or the products or services which it is advertising on this App.
15. Indbiz™ collects personal information about Advertiser, including for example Advertiser’s name and contact details which you provide when registering or using our services.
16. When you submit content to indbiz™ in any format, including any text, photographs, graphics, video or audio, you grant indbiz™ a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in any way, now and in the future.
17. Indbiz™ reserves the right not to use the content you submit.
18. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
19. You indemnify indbiz™ against any and all legal fees, damages and other expenses that may be incurred by indbiz™ as a result of a breach of the above warranty.
20. You waive any moral rights in your contribution for the purposes of its submission to and use by indbiz™ in accordance with these terms.
21. Indbiz™ accepts no responsibility for the completeness or accuracy of any of the information contained on or accessed through this website and makes no representations about its suitability for any particular purpose.
22. We make every eﬀort to ensure that the information on this app is accurate.
23. We make every eﬀort to ensure that links on this site are kept up-to-date. The currency of the links is dependent upon the owners of those sites letting us know of any changes. If you ﬁnd a link that does not work, please contact us by telephone or via the online feedback form.
24. Users will not use this App for any purposes or in any way which is unlawful.
25. The Terms and Conditions shall be governed by and interpreted in accordance with the laws of Queensland.
26. Indbiz™ is a trademark and is owned by Indbiz Media Pty Ltd A.C.N 622 988 68.