Priority Listing Terms and Conditions

| July 17, 2019

Priority Listing Terms and Conditions

Hotfrog Priority Listing Terms and Conditions

between

Moboom Limited ABN 46 136 737 767 (Trading as Hotfrog)

and

the user of Hotfrog Priority Listing (“You” or “Your”)

 

The terms set out below (the Hotfrog Priority Listing Terms), the Hotfrog terms of use and the Hotfrog privacy policy (collectively the Hotfrog Priority Listing Agreement) govern Your purchase and use of a Hotfrog Priority Listing ad and Hotfrog Priority Listing profile page (Hotfrog Priority Listing) and form a binding agreement between Hotfrog and You in relation to Hotfrog Priority Listing on the Hotfrog website located at www.hotfrog.com.

For the purposes of the Hotfrog Priority Listing Agreement, references to:

  • the “Agreement” in the Hotfrog Website Terms of Use and Hotfrog Privacy Policy are references to the “Hotfrog Priority Listing Agreement”; and
  • Content in the Hotfrog Website Terms of Use and Privacy Policy include, without limitation, all text, graphics, icons, photographs, URLs and any other content provided to Hotfrog for the purposes of obtaining or maintaining Hotfrog Priority Listing

Any terms not defined in these Hotfrog Priority ListingTerms have the meaning given them in the Hotfrog Website Terms of Use. Please read all of these terms carefully before using Hotfrog Priority Listing. If You have any questions, please contact Hotfrog prior to agreeing. By using Hotfrog Priority Listing You acknowledge and agree that You have had an opportunity to read and understand the Hotfrog Priority Listing Terms and agree to be bound by them.

1.General

1.1 Hotfrog Priority Listing entitles You to :
(a) a Hotfrog Priority Listing ad, the appearance of which is conditional upon a user’s search, intent or location
1. (b) a Hotfrog Priority Listing profile page with no other advertising or profiles;
2. (c) daily reports accessed via the Hotfrog dashboard.

1.2 You are entitled to change any aspect of Your Hotfrog Priority Listing ad or your Hotfrog  Priority Listing profile page at any time. Such changes may only be made by Your business’s authorised login administrator.

2. Your obligations

2. 2.1 You must not in respect of Your Hotfrog Priority Listing:

  • (a) submit Content that contains data that may be regarded by Hotfrog as inappropriate, inaccurate, defamatory or otherwise offensive.
  • (b) infringe any law, regulation, standard or relevant industry code;
  • (c) infringe the copyright, trademark or proprietary right of another party;
  • (d) be involved in any fraudulent activity;
  • (e) sell or promote any:
  • (i) illegal business activities; or
  • (ii) products prohibited in the country in which Hotfrog is registered.

3. 2.2 You must:

  • (a) ensure that the business which is the subject of Your Hotfrog Priority Listing operates in the country in which Hotfrog.com.au is registered;
  • (b) own the Content or have the right to use and publish that Content;
  • (c) have the right to represent the individual, entity, product or service mentioned in Your Hotfrog Priority Listing.

4. 2.3 To the full extent permitted by law, Hotfrog does not provide any guarantees as to the performance or success of Your business as a result of purchasing Hotfrog Priority Listing.

5. 2.4 You acknowledge that You are responsible for submitting input, optimising and maintaining the content of Your Hotfrog Priority Listing.

3. Termination and modifications

6. 3.1 Hotfrog reserves the right to modify, discontinue or disable Your Hotfrog Priority Listing or any part of Your Hotfrog Priority Listing (on a permanent or temporary basis) at any time.

7. 3.2 Hotfrog may terminate the Hotfrog Priority Listing Agreement, remove Your Hotfrog Priority Listing and/or refuse You access to Your Hotfrog Priority Listing if You have breached, or we consider that You intent to breach, the Hotfrog Priority Listing Agreement or for any other reason that Hotfrog , in its sole discretion, sees fit.

4. Payment Terms

8. 4.1 You will be charged the amount stated on the Hotfrog Priority Listing section of the relevant Hotfrog website (Hotfrog Priority Listing Fee). The Hotfrog Priority Listing Fee may be subject to change from time to time. By applying for Hotfrog Priority Listing and accepting the Hotfrog Priority Listing Terms, You authorise Hotfrog to charge the then current Hotfrog Priority Listing Fee in any particular month.

9. 4.2 The Hotfrog Priority Listing Fee will be payable monthly in advance and will be automatically deducted from Your nominated credit or debit card on each monthly anniversary of the date that You purchase Hotfrog Priority Listing, until such time as Your Hotfrog Priority Listing is cancelled or otherwise terminated.

10. 4.3 Payment of the Hotfrog Priority Listing Fee can be made by way of Visa or Mastercard credit or debit cards only.

11. 4.4 By entering Your credit or debit cards details into Hotfrog, You authorise Hotfrog to :

  • (a) automatically debit Your nominated credit or debit card for the settlement of the Hotfrog Priority Listing Fee each month; and
  • (b) debit Your nominated credit or debit card with any fees charged by financial institutions or credit or debit card issuers for processing Your transaction.

12. 4.5 Payment must be made in Australian dollars.

13. 4.6 If Hotfrog is not able to process a Hotfrog Priority Listing Fee in any calendar month for any reason, You authorise Hotfrog to process such payment or, where relevant payments, at any time in the two calendar months after which the relevant payment is due.

14. 4.7 If Hotfrog is unable to debit for any reason the Priority Listing Fee from your nominated credit or debit card for two consecutive months Your Hotfrog Priority Listing will be removed and downgraded to a free Business Profile.

15. 4.8 You warrant that :

  • (a) Your nominated credit or debit card is current and valid;
  • (b) You are an authorised user of the nominated credit or debit card;
  • (c) Your nominated credit or debit card contains sufficient credit to make payment of the Hotfrog Priority Listing Fee each month;
  • (d) All information entered into Hotfrog is true and correct.

16. 4.9 If any of the warranties in clause 4.8 proves to be incorrect, Your Hotfrog Priority Listing Fee may not be debited from Your nominated credit or debit card but You will remain liable to pay that Hotfrog Priority Listing Fee.

17. 4.10 You may cancel Your Hotfrog Priority Listing at any time through the cancellation process on the Hotfrog Website (Cancellation) following which Hotfrog will immediately downgrade Your Hotfrog Priority Listing to a free profile. Hotfrog will not refund any part of the Hotfrog Priority Listing Fee already paid by You in respect of the month during which You process Your Cancellation. You remain liable in respect of any Hotfrog Priority Listing fee incurred prior to cancellation or downgrade of Your Hotfrog Priority Listing.

18. 4.11 If Your Hotfrog Priority Listing is removed pursuant to clause 4.7, You will no longer be entitled to the Hotfrog Priority Listing entitlements referred to at clause 1 of these Hotfrog Priority Listing Terms and You will need to purchase a new Hotfrog Priority Listing at the then current price.

19. 4.12 You acknowledge and agree that the debit of the Hotfrog Priority Listing Fee from Your credit or debit card does not in any way guarantee the performance or success of Your Hotfrog Priority Listing (which shall always be subject to the terms of the Hotfrog Priority Listing Terms).

20. 4.13 Hotfrog may choose not to process a transaction if it has reasonable grounds for doing so. If this occurs, You will be notified so that an alternative payment mechanism can be arranged.

5.Processing payments

21. 5.1 The payment process commences once You have entered Your credit or debit card details into Hotfrog. Once You have entered Your details, payments can not be reversed, voided or stopped by You.

22. 5.2 Hotfrog may require additional information from You before processing Your payment.

6. Privacy

23. 6.1 Any personal information entered into Hotfrog:

  • (a) will be dealt with in accordance with the Hotfrog Privacy Policy; and
  • (b) may be collected and stored by Hotfrog’s service provider, on behalf of Hotfrog.

7. Liability

24. 7.1 To the full extent permitted by law, and to the extent that liability has not been excluded under the Hotfrog Priority Listing Terms, Hotfrog’s maximum liability to You for any loss or damage which You suffer, directly or indirectly as a result of purchasing Hotfrog Priority Listing, will be an amount equivalent to the Hotfrog Priority Listing Fee paid by You.

8. Dispute Resolution

8.1 In the event of any controversy or claim arising out of or relating to this Agreement, Hotfrog and You hereto shall consult and negotiate with each other and, recognising their mutual interests, attempt to reach a solution satisfactory to both parties.

If Hotfrog and You do not reach a settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to this Agreement shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. Hotfrog and You shall seek to mutually appoint an arbitrator. If Hotfrog and You cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party and a third selected by the first two. Arbitration will take place in Australia. All negotiation and arbitration proceedings pursuant to this clause will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence or applicable legislation and jursdictions. The language of the arbitration shall be English.