GreeksOfAustralia Terms & Conditions

A. Terms and Conditions for all listing and advertising

All listings and advertisings posted on the GreeksOfAustralia website from time to time shall be covered by these Terms and Conditions (whether the listings or advertisings are paid or provided for free). The GreeksOfAustralia Website is currently www.greeksofaustralia.com (“the Website”).

The Website maintains a comprehensive business listing database of both paid advertisers and free listings and reserves the right to publish, or not to publish, such listings to ensure the database is comprehensive list of Greek-friendly Australian Business and services. In order to be listed on the GreeksOfAustralia Website, businesses are not required to enter into any commercial arrangements. A business may have a free listing on the GreeksOfAustralia database so that GreeksOfAustralia can provide the most comprehensive details possible to its users.

B. Terms & Conditions for Advertising

1. Acceptance of Terms

1.1 Advertisers agree to be bound by and abide by all terms and conditions provided by GreeksOfAustralia including (but not limited to) those set out on the Website, provided over the phone, or any other terms and conditions they are advised of from time to time.
1.2 The terms and condition that form our Contract and apply to our Services may be found in (but are not limited to):
a) these Terms and Conditions including any attachments;
b) the approved and authorised order form or equivalent contract,;
c) any commercial credit application (if applicable);
d) the Website terms of use;
e) any advertising rules and/or guidelines which apply to the Service and;
f) any equivalent approved and authorised document received by GreeksOfAustralia.
1.3 These Terms and Conditions may only be varied by GreeksOfAustralia (in its sole discretion) without the need for notice, whenever GreeksOfAustralia deem it necessary. These variations will be effective as soon as they are posted on the Website. Continued use of our Services after the variation to the Terms and Conditions on the Website indicates your acceptance of the same.
1.4 These Terms and Conditions supersede any previous terms and conditions, whether it be in writing, verbally or on the Website.

2. Term

2.1 The agreement between GreeksOfAustralia and the Advertiser shall commence on the earlier of:
a) the date the approved and authorised Order Form is received by GreeksOfAustralia;
b) the date the completed and accepted commercial credit application is received by GreeksOfAustralia; or
c) The date a signed contract is received by GreeksOfAustralia.
(“the Commencement Date”)
2.2 The Contract will continue from the Commencement Date for a period as specified in the Order Form

3. Advertiser Content

3.1 The Advertiser is responsible for providing, uploading and maintaining any and all relevant material (Advertising Material) for use on the Website. The Advertiser is obliged to provide the Advertising Material in accordance with any requirements of GreeksOfAustralia including but not limited to deadlines and delivery formats.
3.2 GreeksOfAustralia takes no responsibility for any of the Advertiser Material and shall bear no liability for any Claim in relation to the same and the Advertiser will indemnify GreeksOfAustralia in respect of any Claim.
3.3 GreeksOfAustralia 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.
3.4 GreeksOfAustralia may remove, ask the Advertiser to amend or refuse to publish any Advertising Material in its sole discretion. GreeksOfAustralia must advise the Advertiser of the reason for the same within 72 hours.
3.5 The Advertiser acknowledges and agrees that GreeksOfAustralia may provide the Advertising Material or Directory information to other commercial enterprises from time to time. The Advertisior consents to the Advertising Material being published on such other website, however, GreeksOfAustralia does not warrant that the Advertiser’s listing in the Directory or Advertising Material will be published or continue to be published on the internet site that is a distribution partner of GreeksOfAustralia.
3.6 The Advertiser acknowledges and agrees that:
a) GreeksOfAustralia is not liable to the Advertiser for any Claim or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites;
b) GreeksOfAustralia 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, if at all.
c) It has no exclusivity in respect of any advertisement.

4. Termination of Services

4.1 The parties agree that the contract between the parties may be terminated as follows:
a) By agreement between the Advertiser/Customer and GreeksOfAustralia;
b) By GreeksOfAustralia, without any notice, if the Advertiser/Customer (being an individual) is declared bankrupt; or
c) By GreeksOfAustralia, without any notice, if any action is taken in relation to the Advertiser (being a corporation) which reasonably indicates the Advertiser/Customer’s insolvency such as being wound up or placed in liquidation;
d) GreeksOfAustralia may without any notice, if the Advertiser/Customer fails to comply with any of its obligations to GreeksOfAustralia including (but not limited to), the Advertiser/Customer’s obligations to a make payment to GreeksOfAustralia in clear funds by the due date for payment.

5. Indemnity

5.1 The Advertiser indemnifies GreeksOfAustralia against any successful claim by any third party against GreeksOfAustralia in respect of any matter arising from the operation, use, transfer of the Advertising Material, information, or money to and from GreeksOfAustralia by the Advertiser.
5.2 The Advertiser indemnifies GreeksOfAustralia and its directors, employees and agents against all claims, demands, proceedings of any nature and other liability arising wholly or partially, directly or indirectly from the publication of the Advertising Material.
5.3 Advertiser indemnity: The Advertiser indemnifies GreeksOfAustralia for any loss, damage including indirect or consequential loss or damage regardless of its cause of action arising out of or in any way connected with the supply of or failure to supply the Services, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory on the Website or any of its published material.

6. Intellectual Property

6.1 The Advertiser retains ownership of all intellectual property for the Advertising Material provided to GreeksOfAustralia.
6.2 All other intellectual property in relation to material included on the Website belongs to GreeksOfAustralia or its licensors. Advertisers and users of the Website obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
6.3 GreeksOfAustralia and the Advertiser acknowledge that all content and materials relating to the maps included on or linked to the Website are the copyright of Google Maps, which is a product of Google Inc. (“the Mapping Provider”).
6.4 Any user of the Website (including Advertisers) may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of GreeksOfAustralia or the Mapping Provider. The terms of use for Google Maps located on GreeksOfAustralia can be located on can be found at https://www.google.com/help/terms_maps.html
6.5 GreeksOfAustralia provide that Google Maps product on an “as is” basis as provided by Google. The user hereby agrees not to make any claims against GreeksOfAustralia or Google pertaining to the suitability for any given purpose and performance of Google Maps.

7. Privacy Policy

GreeksOfAustralia will collect, use and disclose any personal information in accordance with its Privacy Policy which is available upon request or can be viewed on the Website. Advertisers acknowledge GreeksOfAustralia’s Privacy Policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy Policy.

8. General

8.1 Severability
If any part of these terms and conditions are unenforceable at law, the remainder of the contract will remain unaffected.
8.2 Jurisdiction
Advertisers acknowledge that all activity by GreeksofAustralia is conducted in Victoria. These terms and conditions shall be governed by the laws of the state of Victoria. The parties agree to submit to the exclusive jurisdiction of Victorian courts of law.
8.3 Notice
Any notice to be served to GreeksOfAustralia under this Contract must be served personally by email to GreeksOfAustralia at: info@greeksofaustralia.com
8.4 . No Assignment
The Advertiser may not assign its rights or obligations under any agreement with GreeksOfAustralia without any prior written consent of GreeksOfAustralia

9. Payment

9.1 Invoices and Payments
(a) At the Commencement Date, the Advertiser will be issued with a tax invoice setting out the cost of price of the Services plus GST.
(b) The Advertiser must pay all fees and charges set out in the tax invoice the payment date set out in that documents.
(c) GreeksOfAustralia reserves the right to make changes to the prices at any time on 7 days’ notice to the Advertiser
(d) The Advertiser acknowledges that the fee and other charges are exclusive of GST.
(e) The Advertiser is expected to adhere to the payment terms as follows:
Payment Date: 14 days from date of Tax Invoice:
Payment Method: Credit Card or EFT Transfer.
For contracts of $4,000.00 plus GST per annum paid by credit card or direct debt GreeksOfAustralia requires a completed credit application. Advertiser paying by electronic funds transfer are not required to fill out a credit application.
(f) Should the Advertiser elect to pay by credit card then GreeksOfAustralia reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. The Advertiser acknowledges that it is solely the responsibility for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
(g) Should the Advertiser breach the payment terms and the debt is passed on for legal action, all costs including debt collection, commission, solicitors fees and any other out of pocket expense will be the liability of the Advertiser. GreeksOfAustralia shall also be entitled to interest on any unpaid amount at the rate of ten percent (10%) per annum.
(h) Approval from a commercial credit account is subject to the assessment of the Advertiser’s credit worthiness and ability to meet GreeksOfAustralia terms and conditions.

10. Definitions

  • “person” includes a corporation
  • “month” means calendar month
  • “Advertiser” means the business or their authorised representative (including an advertising agent) that has entered into an agreement with GreeksOfAustralia in relation to the inclusion on the Website of listing or other advertising content, including through the use of its website to upload information into the Directory.
  • “GST” has the meaning as defined A New Tax System ( Goods and Services Tax) Act 1999. Except where noted, all prices quoted in are exclusive of GST.
  • “Service” means such of GreeksOfAustralia products or services purchased by the Advertiser as indicated in the invoice from time to time.
  • “Claim” means any demand, proceeding, or entitlement instituted by or sought by a third party in relation to the advertisement

C. Additional Business Listing Terms and Conditions
The following Additional Terms and Conditions are applicable to all paid business listings purchased directly from GreeksOfAustralia. Other terms and conditions may apply to business listings purchased through an agent or partner of GreeksOfAustralia.

11. Term of Listing

11.1 The agreement between GreeksOfAustralia and the Customer shall commence on the earlier of:
a) the date the approved and authorised Order Form is received by GreeksOfAustralia;
b) the date the completed and accepted commercial credit application is received by GreeksOfAustralia; or
c) The date a signed contract is received by GreeksOfAustralia.
(“the Commencement Date”)
11.2 The Contract will continue from the Commencement Date for a period as specified in the Order Form or until terminated in accordance with this terms and conditions
11.3 GreeksOfAustralia reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to GreeksOfAustralia.

12. Customer Obligations

In signing up as a Customer you:
a. Agree that you are the registered business owner or authorised representative of the business being registered
b. Agree that your business, like all businesses displayed on the Site are subject to receive ratings and reviews from Users;
c. Acknowledge that, to the extent permitted by law, GreeksOfAustralia is not liable for any Content that causes you or your business any loss or damage
d. Acknowledge that GreeksOfAustralia reserves the right to include or exclude entry to or remove a business from the Site and the directory and;
e. Understand that GreeksOfAustralia 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 Site and the directory.

13. Fees & Charges

13.1 Invoices and Payments
(a) At the Commencement Date, the Customer will be issued with a tax invoice setting out the cost of price of the Services plus GST.
(b) The Customer must pay all fees and charges set out in the tax invoice the payment date set out in that documents.
(c) GreeksOfAustralia reserves the right to make changes to the prices at any time on 7 days’ notice to the Customer.
(d) The Customer acknowledges that the fee and other charges are exclusive of GST.
(e) The Customer is expected to adhere to the payment terms as follows:
Payment Date: 14 days from date of Tax Invoice:
Payment Method: Credit Card or EFT Transfer.
For contracts of $4,000.00 plus GST per annum paid by credit card or direct debt GreeksOfAustralia requires a completed credit application. Customers paying by electronic funds transfer are not required to fill out a credit application.
(f) Should the Customer elect to pay by credit card then GreeksOfAustralia reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. The Customer acknowledges that it is solely the responsibility for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments
(g) Should the Customer breach the payment terms and the debt is passed on for for legal action, all costs including debt collection, commission, solicitors fees and any other out of pocket expense will be the liability of the Customer.
(h) Approval from a commercial credit account is subject to the assessment of the Advertiser’s credit worthiness and ability to meet GreeksOfAustralia terms and conditions.
(i) If GreeksOfAustralia grant a commercial credit account to the Customer (and the Customer is a company), in consideration of GreeksOfAustralia having agreed at the Customer’s Directors’ request to supply its service and give credit to the Customer, the directors unconditionally and irrevocably guarantee, jointly and severally, the due and punctual payment to GreeksOfAustralia on demand of all monies now or in the future payable to GreeksOfAustralia by the Customer.
(j) This guarantee shall be a continuing guarantee and shall not be affected by any payment of monies or settlement of account, GreeksOfAustralia granting time or any other indulgence to the Customer or any other person, any arrangement between GreeksOfAustralia and the Customer or any other person, GreeksOfAustralia 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 GreeksOfAustralia; any director not executing this guarantee, or any other event, act or omissions on GreeksOfAustralia part whatsoever. This guarantee is a principal obligation and is enforceable.

14. Termination

The parties agree that the contract between the parties may be terminated as prescribed in Clause 4.1 herein.
D. Website Terms of Use
The GreeksOfAustralia Website are governed by these Terms and Conditions for use of the site which you may access in several ways, including but not limited to the internet, PDA’s mobile phones and RSS feeds. These Terms and Conditions apply whenever you access the site, regardless of how you access the Site.

15. Use of the Website

15.1 Users on the Site, including Advertisers and Customers (Users or you) agree to be bound by these Terms and Conditions and any other notices and guidelines which appear on the Site (Terms and Conditions), which are subject to change at GreeksOfAustralia sole discretion. Your use of and access to this Site indicates your acceptance of these Terms and Conditions, as they exist at that time.
15.2 The Site is made available for personal use only. You may not use the Site or the directory contained on the Site for any commercial purpose (other than for the adding to or correcting of information contained in the directory) in accordance with the Terms and Conditions, including to supply another service or to obtain information which you either incorporate to your service or product or use to enhance your service or your business in any way such as creating potential customer list. Any commercial use requires prior written approval from GreeksOfAustralia.

16. Users Obligation

16.1 Users will not:
(a) use the Website for any purpose or in any way which is contrary to the Terms and 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;
(b) Submit or otherwise link to the directory, whether for automatic upload or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code;
(c) damage, modify interfere with disrupt or destroy files, data, passwords, devices or resources that belong to GreeksOfAustralia or do anything that compromises the security and/or stability of the Site of the directory.
(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;
(e) send automated queries of any kind to the Site or the directory without GreeksOfAustralia express written permission.

16.2 Users agree:
a) To abide by the Terms and Conditions
b) To provide accurate, current and complete information at all times
c) To maintain the security of passwords and/or identification
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, text, data or other materials whether publicly posted or privately transmitted to and from the account
e) Not to impersonate or misrepresent their affiliation with a particular business listing and provides and services they provide.
f) Not to post or upload Content which contains hidden codes or images which do not relate to or which alter the intended meaning of the original content and
g) That GreeksOfAustralia has the right to suspend or terminate an Account and refuse any and all current or future use of the site of directory. Where possible for GreeksOfAustralia to contact Users directly, GreeksOfAustralia 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. GreeksOfAustralia 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.

17. Intellectual Property on Website

17.1 Except where stated otherwise, all intellectual property in relation to Content on this Website belongs to GreeksOfAustralia or its licensors, advertisers, or affiliates including but not limited to logos and trademarks. You obtain no interest in that intellectual property. All Content on the site 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.
17.2 You may download and view content or print a copy of material on this site for personal, non-commercial use provided you do not modify the content in any way. All rights are not expressly granted under these terms of use and reserved by GreeksOfAustralia. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owner’s permission
17.3 Other non GreeksOfAustralia trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.

18. Privacy

GreeksOfAustralia will collect, use and disclose any personal information in accordance with its Privacy Policy which can be viewed on the Website. Users acknowledge GreeksOfAus’ Privacy Policy and consent to the collection, use and disclosure of personal information in accordance with that Privacy Policy.

19. Restriction of Liability

19.1 Except as to 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, GreeksOfAustralia 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.
19.2 GreeksOfAustralia does not warrant the accuracy of the content and the directory on the Website, including but not limited to any maps displayed on the site and any third party site or resources. All Content is provided to you “as is” and on as “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 GreeksOfAustralia. All Content on the Website may be changed and /or removed at GreeksOfAustralia sole discretion and without notice.
19.3 GreeksOfAustralia will have no responsibility or liability in relation to any loss or damage that you incur including damage to your software or computer hardware, arising from your use or access to this Website.
19.4 GreeksOfAustralia does not warrant that functions contained in the Site Content such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that GreeksOfAustralia or the server that makes it amiable are free of viruses or bugs.
19.5 Liability of GreeksOfAustralia, for any breach of a term or condition implied by law, or any statutory guarantee is limited at GreeksOfAustralia discretion to the supply of any service again or the payment for the cost of having any service supplied again.
19.6 You indemnify GreeksOfAustralia and its affiliated companies and each of their directors, officers, employees and agents against any action, claim loss or expense which incurs which arises from your use of the Site

20. Third Party Content and Links

20.1 GreeksOfAustralia Website may include third party content or links to third party websites which are subject to that third party’s terms and conditions of use. Nothing on the GreeksOfAustralia website should be construed as granting any licence or right for you to use that Content.
20.2 This Site may include links to third party websites which are not related to GreeksOfAustralia and in relation to which GreeksOfAustralia has no control or interest. The appearance of those links on this Site does not indicate any relationship between GreeksOfAustralia and that third party or any endorsement by GreeksOfAustralia of that third part, its site or the products or services which it is advertising on this Site.

21. Content and Licences

21.1 When you submit Content to GreeksOfAustralia in any format, including any text, photographs, graphics, video or audio, you grant GreeksOfAustralia and each of its related bodies corporate a non-exclusive, royalty free, perpetual licence to publish or otherwise use that Contact in any way at any time.
21.2 GreeksOfAustralia reserves the right not to use the Content you submit.
21.3 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.
21.4 You indemnify GreeksOfAustralia against any and all legal fees, damages and other expenses that may be incurred by GreeksOfAustralia as a result of a breach of the above warranty.
21.5 Unless otherwise stated, you waive any moral rights in your contribution for the purpose of its submission to and publication on the Site.

22. General

22.1 Jurisdiction
Advertisers acknowledge that all activity by GreeksofAustralia is conducted in Victoria. These terms and conditions shall be governed by the laws of the state of Victoria. The parties agree to submit to the exclusive jurisdiction of Victorian courts of law.

22.2 Notice
Any notice to be served to GreeksOfAustralia under this Contract must be served personally by email to GreeksOfAustralia at: info@greeksofaustralia.com