Terms of Service
Standard Business Listings Terms and Conditions
These Terms and Conditions are applicable to all business listings and advertising (paid or free) provided by PopsUp.com.au (POPSUP website or Website).
POPSUP website maintains a multiple-language business listing database of both paid advertisers and free listings and reserves the right to publish, or not publish, such listings to ensure the database is a comprehensive list of Australian businesses and services. To make the database as comprehensive as we can, it is not limited to businesses which have commercial arrangements with POPSUP website. Particularly, a free listing for a business does not mean that the listed business has any commercial arrangement with POPSUP website.
Advertising Products Terms and Conditions
1. Acceptance of Terms
- 1.1. All Advertisers agree to be bound by the Terms & Conditions set out on www.popsup.com.au (POPSUP website), terms and conditions agreed to over the phone as well as these additional terms and conditions, as applicable.
- 1.2. The terms that apply to your Contract and Service are set out in:
- 1.2.a. these terms including any attachments;
- 1.2.b. the approved and authorised order form or equivalent contract, over the phone with a sales person or otherwise;
- 1.2.c. where applicable; the commercial credit application;
- 1.2.e. any advertising rules and/or guidelines which apply to your Service; and
- 1.2.f. any equivalent approved and authorised document received by POPSUP Global.
- 1.3. These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on www.popsup.com.or otherwise issued by Popsup Global Investment Group Pty Ltd (POPSUP Global).
- 1.4. POPSUP Global, in its sole discretion, may vary these terms and conditions at any time without notice.
2. Term of Advertising Contract
- 2.1. The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by POPSUP Global.
- 2.2. The Contract will continue for the period set out in the order form or equivalent contract.
3. Changes to the Contract, Product or Terms
- 3.1. Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by POPSUP Global without any prior warning or notice.
- 3.2. The changes will be effective as soon as they have been posted on the Website.
- 3.3. You should check the terms and conditions from time to time so you are aware of any changes to the Website and services.
- 3.4. Your continued use of POPSUP website after any modifications indicates you have accepted the new terms and conditions.
4. Advertiser Content
- 4.1. Advertiser is responsible for uploading and maintaining any and all relevant material (Advertiser Material) for use on the Website, in accordance with any requirements of POPSUP Global including as to deadlines and delivery formats
- 4.2. POPSUP Global takes no responsibility for any of the Advertiser Material.
- 4.3. POPSUP Global will determine the utilisation of all keywords, categories and other material used to describe or categorise a business listing for all purposes relating to the Directory.
- 4.4. POPSUP Global may remove, revise or refuse to publish any Advertiser Material.
- 4.5. POPSUP Global reserves the right to include or exclude entry to, or remove a business from, the Website and the directory at any time, for any reason whatsoever and without any liability to POPSUP Global
- 4.6. Recognition of advertising in other media channels:
- 4.6.a. POPSUP Global may present advertisements of businesses that also advertise in other media channels in a different position and in a different format to that of other advertisements.
- 4.6.b. This variance in presentation is solely at the discretion of POPSUP Global and Advertisers may assume no right of entitlement to this based on their other advertising. POPSUP Global may choose to apply this variance in presentation to some advertisers but not to others and may alter the duration of any such variance in presentation at its discretion.
- 4.7. The Advertiser acknowledges and agrees that POPSUP Global may provide the Directory from time to time to other commercial enterprises including for publication on another website. POPSUP Global does not warrant that the Advertiser’s listing in the Directory will be published or continue to be published on an internet site that is a distribution partner of POPSUP Global. The Advertiser acknowledges and agrees that:
- 4.7.a. The failure of an internet site to publish or continue to publish the Advertiser’s listing or Advertiser Material in any form will not affect the parties’ rights and obligations under this Contract;
- 4.7.b. POPSUP Global is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and
- 4.7.c. POPSUP Global retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser’s listing or Advertiser Material will be distributed by any particular distribution partner for any particular period.
5. Termination of Contract
- 5.1. This Contract may be terminated in the following ways:
- 5.1.a. At any time the Advertiser and POPSUP Global agree;
- 5.1.b. By POPSUP Global without notice if:
- 5.1.b.i. the Advertiser (being an individual) is declared bankrupt; or
- 5.1.b.ii. any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for POPSUP Global to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy.
- 5.2. POPSUP Global may without notice terminate this Contract and all its obligations to an Advertiser if the Advertiser fails to comply with any of its obligations to POPSUP Global including, without limitation, the Advertiser’s obligations to:
- 5.2.a. make any payment to POPSUP Global in cleared funds by the due date for payment.
6. Liability and Indemnity
- 6.1. The Advertiser indemnifies POPSUP Global against any successful claim by any third party against POPSUP Global in respect of any matter arising from the operation, use, transfer of data or money to and from POPSUP Global by the Advertiser.
- 6.2. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with POPSUP Global, the Advertiser indemnifies POPSUP Global and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and, Without limiting the generality of the above, Advertisers and or advertising agencies indemnify POPSUP Global and its directors, employees and agents against any claims arising from:
- 6.2.a. defamation, libel, slander of title;
- 6.2.b. infringement of copyright;
- 6.2.c. infringement of trade marks or names of publication titles;
- 6.2.d. unfair competition;
- 6.2.e. breach of trade practices, privacy or fair trading legislation; and
- 6.2.f. violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.
- 6.3. Advertiser indemnity: The Advertiser indemnifies POPSUP Global for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.
- 6.4. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with POPSUP Global without the prior written consent of POPSUP Global.
7. Intellectual Property
- 7.1. All intellectual property in relation to material included on the Website belongs to POPSUP Global or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
- 7.2. Apart from fair dealing permitted by the Copyright Act 1968, POPSUP Global grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
- 7.3. Maps and map data:
- 7.3.a. All content and materials relating to the maps included on or linked to the Website are the copyright of the mapping provider.
- 7.3.c. POPSUP Global provide the Google Maps product on an ’as is’ basis as provided by Google. Google Maps is a product of Google Inc. The user hereby agrees not to make any claims against POPSUP Global or Google pertaining to the suitability for any given purpose and performance of Google Maps.
9. General Notices
- 9.1. Severability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected.
- 9.2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in New South Wales. These terms and conditions shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
- 9.3. Any notice to be served to POPSUP Global under this Contract must be served personally by email to firstname.lastname@example.org
- "person" includes a corporation;
- "month" means calendar month;
- "Advertiser" means the business or their authorised representative (including an advertising agency) that has entered into an agreement with POPSUP Global in relation to the inclusion on the Website of listing or other advertising content, including through the use of this Website to submit and upload information into the Directory and other POPSUP related services;
- "follow-on term" means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be;
- "GST" has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in Company Contracts are inclusive of GST.
- "service" means such of POPSUP Global products or services purchased by the Advertiser as indicated in the invoice from time to time;
- "Users" means users of the Website including, where appropriate, Advertisers, individual members and the general publics.
- "Contract" means documents or recording including:
- these terms including any attachments;
- the approved and authorised Order Form or equivalent Contract;
- where applicable; the commercial credit application;
- any advertising rules and/or guidelines which apply to your Service;
- any equivalent approved and authorised document Contract received by POPSUP Global
- the approved and authorised voice recording of order or equivalent contract.
Additional Business Listings Terms and Conditions
The following Additional Terms and Conditions are applicable to all paid business listings or advertising purchased directly from PopsUp.com.au (POPSUP website or Website). Other terms and conditions may apply to business listings or advertising purchased through an agent or partner of POPSUP Global. Advertisers should carefully review all applicable terms and conditions before purchasing any listing or advertising.
11. Term of Advertising Contract
- 11.1. The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by POPSUP Global.
- 11.2. The Contract will continue for the period set out in the order form or equivalent contract, or if no period is specified, will continue automatically for successive follow-on terms unless and until it is terminated.
12. Fees and Charges
- 12.1. Invoicing and payment:
- 12.1.a. Upon receipt of the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract by POPSUP Global, the Advertiser will be issued with a tax invoice inclusive of GST. Payment is required accordingly.
- 12.1.b. The Advertiser must pay all fees and charges as set out in an approved and authorised order form, as stated over the phone by a sales person or equivalent contract upon receipt of a tax invoice on the payment dates set out in that document.
- 12.1.c. POPSUP Global reserves the right to make changes to the prices at any time, on 30 days notice to the Advertiser
- 12.1.d. The Advertiser acknowledges that the fee and other charges are exclusive of GST. GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by the Advertiser and the Advertiser agrees to pay this increase from the changed date.
- 12.1.e. The Advertiser is expected to adhere to the payment terms and payment method agreed to on the order form, as agreed to over the phone with a sales person, or equivalent document.
- 12.1.f. Payment methods and payment terms accepted by POPSUP Global are as follows: Cheque and electronic funds transfer are strictly 5 days from date of tax invoice. Customers paying by cheque and electronic funds transfer with a credit account are required to fill out a credit application.
- 12.1.g. Should the Advertiser’s account exceed POPSUP Global’s payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor’s fees and any out of pocket expense will be the liability of the Advertiser.
- 12.1.h. If the Advertiser at anytime exceeds POPSUP Global’s payment terms and as a result is passed on for collection and or legal action POPSUP Global may place a default against the Advertiser with a credit reporting agency.
- 12.1.i. For those Advertisers applying for a commercial credit account the payment terms will be 30 days from invoice date.
- 12.1.j. Approval of a commercial credit account is subject to the assessment of the Advertiser’s credit worthiness and ability to meet POPSUP Global’s terms and conditions.
- 12.1.k. In consideration of POPSUP Global having agreed at the directors’ request to supply its services and to give credit to the Advertiser, the directors unconditionally and irrevocably guarantee, jointly and severally, the due and punctual payment to POPSUP Global on demand of all monies now or in the future payable to POPSUP Global by the Advertiser.
- 12.1.l. This guarantee shall be a continuing guarantee and shall not be affected by any payment of monies or settlement of account, POPSUP Global granting time or any other indulgence to the Advertiser or any other person; any arrangement between POPSUP Global and the Advertiser or any other person, POPSUP Global failure or neglect to recover monies, any lack of power on any director’s part to give this guarantee; release, discharge or transfer of any security held by POPSUP Global; any director not executing this guarantee; or any other event, act or omission on POPSUP Global’s part whatsoever. This guarantee is a principal obligation and is enforceable. Notwithstanding that the monies guaranteed are irrecoverable from the buyer.
- 12.2. If required by the payment arrangements agreed between POPSUP Global and the Advertiser, the Advertiser must at all times maintain sufficient funds in the Advertiser’s bank account to cover all fees or charges payable to POPSUP Global as and when they are due.
- 12.3. Confidential account information: The Advertiser acknowledge and agree: (a) where the Advertiser is a partnership, by each of its partners: (b) where the Advertiser is a company, by each of its directors that:
- 12.3.a. POPSUP Global may, at any time, in relation to either the advertiser, a partner or director:
- 12.3.a.i. disclose information contained in this Commercial Credit Application and or order form, including verbal order form, concerning that person to:
- 12.3.a.i.1. a credit reporting agency in accordance with section18E (8)c of the Privacy Act 1988(Cth);
- 12.3.a.i.2. another credit provider;
- 12.3.a.ii. obtain a credit report from another credit provider about that person’s credit worthiness;
- 12.3.a.iii. disclose information to another credit provider about that person’s consumer credit worthiness;
- 12.3.a.iv. use information that concerns that person’s commercial activities or commercial credit worthiness pursuant to Section18L(4) of the Privacy Act 1988(Cth) following the receipt of a credit report for the purpose of assessing the Commercial Credit Application;
- 12.3.a.v. disclose a report , including a verbal report, concerning that person, or any information derived from such a report, to another credit provider who requests the report or information for the purpose of assessing an application by that person for credit:
- 12.3.a.vi. disclose this information to our Solicitors or Collection Agency in the event of the account being delinquent in accordance with Section 18K(1)g of the Privacy Act 1988(Cth).
- 12.3.b. A credit reporting agency in possession or control of a credit information file relating to either the applicant or a partner or director of the applicant may disclose personal information contained in the file to POPSUP Global:
- 12.3.b.i. pursuant to Section 18K(1)b of the Privacy Act 1988 (Cth).
- 12.3.b.ii. pursuant to Section 18K(1)c of the Privacy Act 1988 (Cth). Terms 1a & 1b apply equally to the reassessment of an account in accordance with Section 18E(8)c of the Privacy Act 1988 (Cth).
- 12.3.a. POPSUP Global may, at any time, in relation to either the advertiser, a partner or director:
- 12.4. Nothing prevents POPSUP Global from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.
- 12.5. If the Advertiser at anytime exceeds the companies payment terms and as a result is passed on for collection and or legal action ALS may place a default against the advertiser with a credit reporting agency.
13. Cancellation Policy
13.1. If the Advertiser wants to terminate their contract within the period of the term of the contract then the Advertiser must do the following:
For contracts agreed to from January 29, 2015.
- 13.1.a. Provide notice via telephone Monday - Friday (9am-5pm) AEST. The cancellation will be recorded and confirmed during the call.
- 13.1.b. The Advertiser acknowledges that a cancellation request will incur cancellation fees. A cancellation fee equivalent to the remainder of the contract plus GST will apply;
- 13.1.c. A cooling off period of five business days will apply to all Contracts where an advertiser may cancel their booking. No cancellation fees will be incurred as a result of cancellation during the five business day cooling off period. All cancellations within the cooling off period should be made via telephone and the cancellation will be recorded and confirmed during this call.
- 13.1.d. Any refund due and payable will be paid less any applicable cancellation fees.
14. Advertising Proposals
An advertising proposal does not constitute an agreement between ALS and the advertiser. All advertising proposals expire within 14 days of the proposal being presented unless stated otherwise in writing. Should an advertising proposal include position availabilities these will expire within two (2) days of the proposal being presented unless stated otherwise in writing.
Welcome to www.popsup.com (POPSUP website or Website). These are our Terms & Conditions for use of the Website which you may access in several ways, including but not limited to the internet, mobile phones and electronic devices. These Terms & Conditions apply whenever you access the Website, regardless of how you access the Website.
1. Use of this Website
- 1.1. Popsup Global Investment Group Pty Ltd (ABN 14 163 520 134) (POPSUP Global) is the owner and operator of the Website.
- 1.2. Users of the Website, including Advertisers and Members (Users or you) agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the Website (Terms & Conditions), which are subject to change at POPSUP Global’s sole discretion. Your use of and access to this Website indicates your acceptance of these Terms & Conditions, as they exist at that time.
- 1.3. The Website is made available for personal use only. You may not use the Website or the directory contained on the Website for any commercial purpose (other than for the adding to or correcting of information contained in the directory), in accordance with the Terms & Conditions, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from POPSUP Global.
- 1.4. Content (Content) refers to all information, including but not limited to data, text, images and multimedia, that is displayed in a business listing on the Website or directory.
- 1.5. Additional terms and conditions for POPSUP Global Advertising Products can be found at www.popsup.com.au
2. User’s Obligation
- 2.1. Users will not:
- 2.1.a. use the Website for any purpose or in any way which is contrary to the Terms & Conditions or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind;
- 2.1.b. submit or otherwise link to the directory, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
- 2.1.c. damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to POPSUP Global or do anything that compromises the security and/or stability of the Website or the directory;
- 2.1.d. use the directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or
- 2.1.e. send automated queries of any kind to the Website or the directory without POPSUP Global’s express written permission.
- 3.1. Users agree:
- 3.1.a. to abide by the Terms & Conditions;
- 3.1.b. to provide accurate, current and complete information at all times;
- 3.1.c. to maintain the security of passwords and/or identification;
- 3.1.d. to be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other materials whether publicly posted or privately transmitted to and from the account;
- 3.1.e. not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide;
- 3.1.f. not to post or upload Content which contains hidden code or images which do not relate to or which alter the intended meaning of the original Content; and
- 3.1.g. that POPSUP Global has the right to suspend or terminate an Account and refuse any and all current or future use of the Website or directory. Where it is possible for POPSUP Global to contact Users directly, POPSUP Global will notify the User of any suspension or termination and the reasons for it and the User has 5 days to provide a written response as to why the suspension or termination should be reversed. POPSUP Global will give due and reasonable consideration to that response and provide a written response to the User within 10 days of receiving those reasons as to its decision.
- 4.1. In signing up as a Business Owner you:
- 4.1.a. agree that you are the registered business owner or authorised representative of the business being registered;
- 4.1.b. agree that your business, like all businesses displayed on the Website are subject to receive ratings and reviews from Users;
- 4.1.c. acknowledge that, to the extent permitted by law, POPSUP Global is not liable for any Content that causes you or your business any loss or damage;
- 4.1.d. acknowledge that POPSUP Global reserves the right to include or exclude entry to, or remove a business from the Website and the directory; and
- 4.1.e. understand that POPSUP Global at its sole discretion will determine the utilisation of all keywords, categories, Content and other material used to describe or categorise a business listing for all purposes relating to the Website and the directory.
5. Intellectual Property
5.1. Except where stated otherwise, all intellectual property in relation to Content on this Website belongs to POPSUP Global or its licensors, advertisers or affiliates, including but not limited to logos and trade marks. You obtain no interest in that intellectual property. All Content on the Website 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.
5.3. Other, non-POPSUP Global trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Website, without the express written permission of the relevant owner.
7. Liability & Indemnity
- 7.1. POPSUP Global does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (as incorporated in the Competition and Consumer Act 2010 (Cth) and equivalent State or Territory legislation) which cannot be excluded, restricted or modified. However, POPSUP Global otherwise excludes all rights, remedies, conditions and warranties in respect of goods or services provided through the Website whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible, the following clauses 18 - 22 apply.
- 7.2. POPSUP Global does not warrant the accuracy of the Content and the directory on the Website, including but not limited to any maps displayed on the Website and any third party sites or resources. All 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. Content represents the views of the writer only and not the views of POPSUP Global. All Content on the Website may be changed and/or removed at POPSUP Global’ sole discretion and without notice.
- 7.3. POPSUP Global 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 Website, subject to clause 21.
- 7.4. POPSUP Global does not warrant that functions contained in the Website Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that POPSUP Global or the server that makes it available, are free of viruses or bugs.
- 7.5. Liability of POPSUP Global, for any breach of a term or condition implied by law, or any statutory guarantee, is limited at POPSUP Global’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
- 7.6. You indemnify POPSUP Global 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 the Website.
8. Third Party Content & Links
- 8.1. This Website may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Website should be construed as granting any license or right for you to use that Content.
- 8.2. This Website may include links to third party sites which are not related to POPSUP Global and in relation to which POPSUP Global has no control or interest. The appearance of those links on this Website does not indicate any relationship between POPSUP Global and that third party or any endorsement by POPSUP Global of that third party, its site or the products or services which it is advertising on this Website.
9. Contributing Content
- 9.1. When you submit Content to POPSUP Global in any format, including any text, photographs, graphics, video or audio, you grant POPSUP Global and each of its related bodies corporate a non-exclusive, royalty-free, perpetual licence to publish or otherwise use that Content in any way, at any time.
- 9.2. POPSUP Global reserves the right not to use the Content you submit.
- 9.3. 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.
- 9.4. You indemnify POPSUP Global against any and all legal fees, damages and other expenses that may be incurred by POPSUP Global as a result of a breach of the above warranty.
- 9.5. Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Website.
- 10.1. These Terms & Condition shall be governed by and interpreted in accordance with the laws of New South Wales.
- 10.2. Any notice to be served to the Company under this agreement must be served personally by email to email@example.com