Terms and Conditions of Sale - The Charitable Choice

Terms and Conditions of Sale

Interpretation

These conditions do not exclude or limit the application of any statutory provision (including a provision of the Trade Practices Act 1974 (“TPA”)) where to do so would contravene that statute or cause any part of these Conditions to be void.

'Advertisement” means an advertisement, directory listing or advertorial feature placed by the Buyer on the Website.
'Buyer' means the party who places the advertisement.
'Seller' means The Charitable Choice ABN 96641301718
'Invoice' means an invoice issued by the Seller and accepted by the Buyer.
“Website” means The Charitable Choice website.
Contract

The Buyer accepts on these Conditions of Sale, the Seller's offer to display the Advertisement when it places an order using the forms on this Website. Accordingly a 'Contract' on these Conditions of Sale is formed at the time the Buyer places an order. These Conditions apply to that Contract to the exclusion of any other terms and conditions contained in a purchase order, letter or any other document of the Buyer, unless agreed in writing between the parties.
Delivery

Delivery to the Buyer occurs when the Advertisement is uploaded to the Website
Price

The price for the Advertisement is as advised in writing by the Seller from time to time, and may change without notice. All Advertisements will be invoiced at the price applicable at the date of invoice.
Payment

All new accounts must be prepaid. If credit is approved, all payments must be received within 30 days from the date of invoice. If payment is overdue, the Seller may discontinue supply and charge interest at 1.5% per month on the overdue amount from the date payment was due, until payment is received.
Change of Payment Condition

If the Buyer becomes insolvent, commits an act of bankruptcy, enters into any arrangement or composition with its creditors, goes or is put into liquidation (other than solely for amalgamation or reconstruction), has a receiver appointed over any part of its business or assets, then the Buyer must immediately pay to the Seller all amounts owed by the Buyer on the Seller's demand. All subsequent purchases of Advertisements by the Buyer must be paid for as advised by the Seller.
Seller's Warranty

The Seller excludes all implied conditions and warranties with respect to the Advertisements, whether implied at law, by course of dealing or otherwise, including without limitation any warranty as to the fitness or suitability of the Advertisement for any particular purpose or special circumstance, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void (“Non-excludable Condition”).
Seller's Liability

(a) The Seller’s liability to the Buyer for breach of any Non-excludable Condition is limited, at the Seller’s option, to refunding the price of the Advertisement in respect of which the breach occurred or replacing the Advertisement;
(b) The Seller excludes liability for consequential damage including, but not limited to, lost profits suffered by the Buyer, arising out of one or more breaches by the Seller of these Conditions including any Non-excludable Condition; and
(c) the Seller’s total liability for any or all claims of the Buyer, whether in negligence or otherwise, shall not exceed the price of the Advertisement with respect to which such claim or claims were made.
Buyer's Indemnity

The Buyer shall indemnify and keep the Seller indemnified against all claims, actions, suits, demands and proceedings whatsoever and whensoever occurring (including but not limited to a claim in negligence) made against the Seller by any person arising out of or in any way connected with the Advertisement.
Intellectual Property

The Buyer agrees and acknowledges that the Seller or a third party advised by the Seller is and remains the owner of all copyright, designs, patents and trade marks used on or in relation to the Website.
Termination

If the Buyer breaches any provision of these Conditions and does not correct that breach within 7 days, the Seller may recover from the Buyer any loss or damage suffered by the Seller arising out of the breach.
Waiver

No claim or right of the Seller under this Contract shall be deemed to be waived in whole or in part unless the waiver is confirmed in writing by the Seller.
Governing Law

These Conditions are governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of that State.
Goods & Services Tax

The Seller shall charge to the Buyer, and the Buyer must pay, any GST arising by reason of performance of the obligations of this Contract.
Severability

Part or all of any provision of these Conditions that is illegal or unenforceable may be severed from these Conditions and the remaining provisions of these Conditions continue in force.
Variation

The Seller may vary these Terms and Conditions from time to time.
Profiles

Entities representing charitable causes (“Causes”) may register a profile giving details of their cause (“Profile”) on the Website at no charge. The following Terms and Conditions of Sale apply to such registration: 7, 8, 9, 10, 11, 12, 13, 15, and 16. Causes accept on these Terms & Conditions of Sale, the Seller's offer to display the Profile when it makes a request using the form on this Website. Accordingly a 'Contract' on these Terms & Conditions of Sale is formed at the time the Cause lodges a request.

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