MARKETPLACE TERMS OF SERVICE
These Terms of Service (“Terms”) apply to any person or company named on the Onboarding Form (“Client”) entering an arrangement with Prime Creative Media (“PCM”) concerning your access to and use of all PCM marketplace websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
1.1. The specific details of Services and payment shall be outlined in the Onboarding Form. The Onboarding Form and these Terms form a contract between the Client and PCM (“Contract”).
1.2 The Client enters the Contract (and agrees to these Terms in full) by submitting the Onboarding Form electronically, or via written agreement sent over email.
- User Representations
2.1 By using the Site, the Client represents and warrants that:
2.1.1 all registration information the Client submits will be true, accurate, current, and complete;
2.1.2 the Client will maintain the accuracy of such information and promptly update such registration information as necessary;
2.1.3 the Client has the legal capacity, and agrees to comply with these Terms of Service;
2.1.4 the Client will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
2.1.5 the Client will not use the Site for any illegal or unauthorized purpose.
2.2 If the Client provides any information that is untrue, inaccurate, not current, or incomplete, PCM has the right to suspend or terminate the Client’s account and refuse all current or future use of the Site (or any portion thereof).
2.3 PCM is a service provider and makes no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site. The Client understands and agrees that the content of the Site does not contain or constitute representations to be relied upon, and the Client agrees to hold PCM harmless from any errors, omissions, or misrepresentations contained within the Site’s content.
3.1 PCM makes every effort to display as accurately as possible the colors, features, specifications, and details on the Site. However, PCM does not guarantee that the colors, features, specifications, and details of the Classifieds Offerings will be accurate, complete, reliable, current, or free of other errors, and the Client’s electronic display may not accurately reflect the actual colors and details of the products.
4.1 PCM does not facilitate any transactions between buyers and sellers. PCM waives all liability for any loss or damage, of every kind and nature, disclosed and undisclosed, arising out of or in any way connected with the Client’s transaction.
4.2 PCM acknowledges that certain applicable laws require that certain terms are implied into these Terms and that we cannot exclude them. Where it can be determined that PCM is liable to the Client for loss or damage under those consumer warranties, such liability will be limited to the Subscription Fee.
- Subscription & Payment
5.1 The Client will pay a monthly recurring fee according to the chosen plan, as selected in the Onboarding Form (Subscription Fee).
5.2 Unless otherwise documented, any prices listed on the Onboarding Form, Site, documentation or via an email are exclusive of GST.
5.3 All amounts shown on PCM invoices are in Australian Dollars, unless otherwise stated.
5.4 All payments must be made in Australian Dollars, or the equivalent in foreign currency covering any international exchange fees.
6.1 After an initial two-month period from Onboarding, the Client must give at least thirty (30) days’ notice to cancel a subscription.
- Credit checks and credit reporting
7.1 The Client authorises PCM to make enquiries and to use, exchange or disclose to any credit provider or credit reporting agency any or all information PCM knows or obtains concerning a Client’s credit condition.
- Confidentiality and Privacy
8.1. PCM and the Client will treat as confidential the following:
8.1.1. All agreed pricing listed on invoices, or discussed in any email, phone, text, or in-person conversation;
8.1.2. All information generated in the negotiation and performance of Services, including all data relating to prices, budgets, forecasts, volumes, etc.
8.1.3. All data provided in any digital or other report; and
8.1.4. Any other information which would be considered confidential.
- Third-Party Content & Websites
9.1 The Site may contain (or the Client may be sent via the Site or listings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by PCM, and PCM is not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
9.2 The Client agrees and acknowledges that PCM does not endorse the products or services offered on Third-Party Websites and the Client shall not hold PCM liable for any harm caused by the Client’s purchase of such products or services. Additionally, the Client shall not hold PCM liable for any losses sustained by the Client or harm caused to the Client relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
- Site Management
10.1 PCM reserves the right, but not the obligation, to:
10.1.1 monitor the Site for violations of these Terms of Service;
10.1.2 take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such Client to law enforcement authorities;
10.1.3 in PCM’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of the Client’s Listings or any portion thereof;
10.1.4 in PCM’s sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
10.1.5 otherwise manage the Site in a manner designed to protect PCM’s rights and property and to facilitate the proper functioning of the Site and listings.
10.2 PCM cannot guarantee the Site and the Listings will be always available. PCM may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. PCM reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the listings at any time or for any reason without notice to the Client. The Client agrees that PCM has no liability whatsoever for any loss, damage, or inconvenience caused by PCM’s inability to access or use the Site during any downtime or discontinuance.
- Dispute Resolution
11.1 To expedite resolution and control the cost of any dispute, or claim related to these Terms of Service (each “Dispute” and collectively, the “Disputes”) brought by either the Client or PCM (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
- User Data
12.1 PCM will maintain certain data that the Client transmits to the Site for the purpose of managing the performance of the listings, as well as data relating to the Client’s use of the Site. Although PCM performs regular routine backups of data, the Client is solely responsible for all data that the Client transmits or that relates to any activity that the Client has undertaken using the Site. The Client agrees that PCM shall have no liability to PCM for any loss or corruption of any such data, and the Client hereby waives any right of action against PCM arising from any such loss or corruption of such data.
- Electronic Communications & Transactions
13.1 Visiting the Site, sending PCM emails, and completing online forms constitute electronic communications. The Client consents to receive electronic communications, and agrees that all agreements, notices, disclosures, and other communications PCM provides electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
13.2 The Client hereby agrees to the use of electronic agreements, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by PCM or via the Site.
14.1 In order to resolve a complaint regarding the Site or Listings or to receive further information regarding use of the Site, the Client can contact PCM at:
Prime Media Creative
379 Docklands Dr, Docklands VIC 3008
Phone +61 (0)3 9690 8766