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LISTING AGREEMENT

Welcome to the Beaches Business Hub.

Beaches Business Hub supports the Northern Beaches (Sydney NSW) business and community organisations who want to be “discovered” and to discover other local businesses and service providers to support community building.

Beaches Business Hub is the premier local portal to find local services, events, and jobs.

This Listing Agreement (“Agreement”) is between you, (the “Business”) and Beaches Business Hub ABN: 25 768 522 581, (the “Hub”, “Website” or “Site”) and contains the terms and conditions of listing your business with Beaches Business Hub.

Please read this Agreement carefully as it is a legally binding document.

You are required to accept these Terms and Conditions as a condition of acceptance of your business listing.

These Terms and Conditions may change at any time. We will make every effort to inform you when these Terms and Conditions are updated or amended.

Please contact Robyn Smart on [email protected] if you have any questions about this Agreement.

TERMS AND CONDITIONS

1.          Hub categories

1.1        Beaches Business Hub offers the following business listing categories:

a.    Local Business

b.    Events

c.    Jobs

2.          Listing options and fees

2.1      Beaches Business Hub provides the following listing options:

a.   Free – $0

b.   Classic – PAID – see advertised rates

c.   Featured – PAID – see advertised rates

Paid add ons

2.2        In addition to the above listing options business may purchase the following services to boost their listing reach to which separate terms may apply:

a.   Featured Ad

b.   Promoted Listing – 1 week / 2 weeks / 30 days

c.   Any other features we create over time

Promotional offers

2.3        From time to time, Beaches Business Hub will run promotional offers to which these Terms and Conditions apply.

Free Listings

2.4        Beaches Business Hub offers free listings to Not For Profit and community-based organisations in the following categories:

a.   Community events

b.   Jobs

2.5        Free listings are by application only to  [email protected].

2.6        To obtain a free listing, the organisation must provide the following proof of their not-for-profit status including:

a.   the organisation’s name and address

b.   the organisation’s entity type (e.g. charity, public benevolent institution, health promotion charity)

c.   any tax concession/endorsement documentation (upon request)

d.   the date of effect for each endorsement.

3.          Application for listing

Online listing application form

3.1        All listing applications on Beaches Business Hub are submitted online via the Site or email submissions for any feature products.

3.2        You are required to confirm that you are the authorised representative of the business you are listing on the Beaches Business Hub.

Account and Password

3.3        You will be required to create an account and unique password to access the Hub Listing Portal by providing the following information:

a.   Name

b.   Username

c.   Email address

Listing content requirements

3.4        Your business must be located in the Northern Beaches or Lower North Shore region of Sydney NSW.

3.5        You will be required to provide listing content according to the designated mandatory or optional fields of the category you have selected for your listing type, such as:

a.   Business name

b.   Physical and postal address

c.   ABN

d.   Location

e.   Category

f.     Logo

g.   Image

h.   URL (for paid listings only)

i.     Email

j.     Phone number

Consent

3.6        You consent to our use of information provided in your listing on the Hub and Website.

Password security

3.7        You must ensure the security and confidentiality of your registration details, including any username and password by not sharing your password with any other person.

3.8        You must notify us immediately if you become aware of any unauthorised use of your registered details.

3.9        Information you provide is managed according to our Privacy Policy.

Changes to your listing

3.10     Any changes to listing details are via the Site.

4.          Payment

4.1        All payments are via credit card (Stripe) and PayPal via the Website.

4.2        Listing fees are exclusive of GST.

4.3        Beaches Business Hub will create your listing only when full payment is received, and your listing approved.

4.4        Beaches Business Hub reserves the right to increase our listing fees, and we will notify you by email of fee increases.

Renewal

4.5        Renewal periods are as follows:

      Local business listings – 1 year

      Events and Jobs – 3 months

4.6        You will be contacted one month before the expiration of your listing period with an offer for renewal for the next listing period.

4.7        Paid business listings may also opt for a one (1) year subscription with automatic renewal every year which you may change at any time or cancel before the date of renewal.

4.8        If at renewal your account is overdue, we have the right to take your listing offline until we have received all outstanding fees.

 

 

5.          Listing Approval

Acceptance of listing

5.1        Your listing application, including listing content, will be reviewed by Beaches Business Hub and acceptance of your listing will be confirmed in writing within ten (10) business days.

5.2        You will receive an email notification confirming that your listing is approved.

Approval of changes

5.3        Beaches Business Hub reserves the right to refuse approval to changes to your listing if we deem your listing unsuitable for the use of the Site.

5.4        Where a change to a listing is deemed unsuitable, you will be notified and requested to amend the listing with suggested changes within five (5) business days.

5.5        Where suggested changes are not implemented, your listing will be removed, and you will not be entitled to any refund of any listing fees whatsoever.

6.          Consumer reviews

6.1        Any person or business may post a rating and review your business listing.

6.2        Beaches Business Hub vets all reviews before publication.

6.3        Honest reviews, including negative customer experience, will be published.

6.4        Anonymous or unverified or fake reviews will not be published.

7.          Social Media

                    You understand and agree

7.1        Beaches Business Hub may access your content through social media, and you authorise us to collect, store and use that information and content under our Privacy Policy.

7.2        We may access content or information you shared on social media with us, such as your name, age, date of birth, gender, profile picture, email address, followers or friends lists or comments.

7.3        We may access images from your website, social media posts and listing to promote your business on our social media channels.

8.          Cancelling your listing

               8.1       You may cancel your listing  at any time by providing notification of cancellation to Beaches Business Hub at [email protected] 

               8.2       No refund is available for cancelled listings, and your listing will run until the end of the listing period unless you request removal.

9.          Proprietary rights

9.1        Where you submit any content of any type, including text or images, for listing to our Site you undertake that you have the right to do so.

9.2        To the extent that your listings and other submissions may contain trademarks, you warrant that they have the right to use them, including sublicensing rights.

9.3        You authorise Beaches Business Hub to reproduce, display and disseminate all or part of the content you submit to the Site, including but not limited to any information, images, graphics, videos, audio, comments or submissions, to perform this Agreement and promote the Website and Hub.

9.4        You give Beaches Business Hub full permission to post any images or graphics to their social media accounts crediting your business.

9.5        Beaches Business Hub may also provide such content to its third-party service providers for the same purpose. 

9.6        You acknowledge and agree that you are responsible for the accuracy content provided to us that represents your listing, maintenance and updating all listings posted.

9.7        Accordingly, you represent and warrant that any listing information provided by you will:

a.   not breach any agreements you have entered into with any third parties,

b.   comply with all applicable laws, tax requirements, and rules and regulations that may apply to your business (including having all required permits, licenses and registrations),

c.   not conflict with the rights of third parties.

9.8        Beaches Business Hub assumes no responsibility for your compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations.

9.9        Beaches Business Hub may, without notice, remove or disable any listing for any reason, including listings that Beaches Business Hub, in its sole discretion, considers being objectionable for any reason, in violation of these terms and conditions, or otherwise harmful to the Site or services, but shall not be liable for any consequences due to its failure to remove such access.

10.       Intellectual Property

10.1     Beaches Business Hub owns all intellectual property rights in the Website and the Hub, including information, graphics, design and software, except where the Business has provided its intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website.

10.2     You must obtain the permission from the owner of any intellectual property in any third-party material incorporated into a Listing before submission of the listing.

10.3     You grant Beaches Business Hub a world-wide, royalty-free, irrevocable licence to publish and to sub-license the publication of, all material submitted to Beaches Business Hub as part of a listing in any form or medium, including print, online or otherwise.

10.4     You warrant that you are authorised to grant the licence in  Clause 10.3.

11.       Disclaimer

            11.1       Beaches Business Hub is a listing directory and serves only as the facilitator of connection between the listed business and the potential customer or client, through its role as an advertising and marketing platform.

            11.2       You understand and agree that the Beaches Business Hub does not act as your agent.

            11.3       Any booking of any service requested or made using the Site or services must not and cannot be construed as the creation of a contract between Beaches Business Hub and your business.

            11.4       Regulating the use of services in an agreement with your client or customer remains your responsibility.

            11.5       The Beaches Business Hub shall not be a party to any relationship or dealing with you and the event organiser or your client or customer arising out of the use of the Site.

            11.6       Beaches Business Hub holds no responsibility if any legal situations, issues, or dispute, that may arise between you and your client or customer, resulting from accessing your services through the Site.

            11.7       Beaches Business Hub makes no representation or warranty as to the quality, merchantability, fitness for purpose, correspondence to description, or suitability of any services you provide.

Earnings Disclaimer

11.8        By submitting content to Beaches Business Hub to use on the Site, you will not seek royalties, commissions, or financial profits.

11.9        You understand that by listing your business on https://beachesbusinesshub.com.au, you are not guaranteed sales, bookings, increased profit, business growth or any financial gain or income whatsoever.

11.10      Beaches Business Hub holds no responsibility for loss of business, damage to reputation or financial issues resulting from your listing on the Site, and you take full responsibility if such circumstances were to arise.

12.       Termination

            12.1       Beaches Business Hub may terminate your listing and remove your listing from the Site at any time without prior warning if Beaches Business Hub feels that your listing is no longer fit for the Site or if you are in breach of this Agreement.

            12.2       At all times, the Beaches Business Hub will attempt amicable resolution and communication. However, Beaches Business Hub is not obliged to provide you with reasons for terminating your Hub listing.

            12.3       If you owe any money to Beaches Business Hub at the date of termination, you are liable for these amounts, and you are to settle your debt within seven days of termination.

            12.4       If your listing is terminated because you breached this Agreement or any assurance requested from you at the time of listing, you agree you will not be entitled to a refund of any amounts paid in respect of the listing.

            12.5       If you cancel your Listing with Beaches Business Hub, you will not be entitled to a refund of any amounts paid in respect of the listing.

13.       Indemnification 

            13.1       The Business agrees to defend, indemnify and hold harmless Beaches Business Hub, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties, brought against Beaches Business Hub alleging or arising out of or in connection from:

a.     any content or material the business submits or provides for inclusion on the Site;

b.     any use by the Business of the Site;

c.     any breach of this Agreement on the part of the Business. 

14.       Limitation of Liability

            14.1       If Beaches Business Hub breaches this Agreement, its total liability will be limited to the amount paid by the Business to Beaches Business Hub in connection with the publication of the listing on the Site. 

            14.2       Beaches Business Hub accepts no liability whatsoever relating to the content of your listing on the Site, your business or property or your dealings with any customers or clients or prospective customers or clients.  

            14.3       Beaches Business Hub will not be liable for any loss or damage caused by or attributed to any person(s) that engages a service offered by your business in response to a listing on the Site. 

            14.4       To the extent permitted by law, we exclude all conditions and warranties relating to the Site.

            14.5       In particular, Beaches Business Hub does not make any representations or warranties that the Website will be uninterrupted or error-free.

            14.6       Beaches Business Hub makes no representation or warranty about the success of the Website or likely success of listing of your business on the Website.

            14.7       To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, it will be limited, at our option, to the re-supply of services or the payment of the cost of having them re-supplied.

15.       Privacy

We value the privacy of all stakeholders and visitors to our Website.   Your personal information is managed according to our Privacy Policy which can be read in full (Insert link)

16.       Applicable Law 

This Agreement is governed by laws of the State of New South Wales, and you submit to the exclusive jurisdiction of the courts in that State

 

By proceeding with your application to list your Business profile with Beaches Business Hub, you agree to be bound by the Terms and Conditions of this Agreement.

Thank you.

Beaches Business Hub