Terms & Conditions
Hello and welcome to our new and current advertisers:
“We welcome you to the beginning of a new and exciting time for Australian Psychics & our community!”
…if you would like to enquire about our media kit please contact us on firstname.lastname@example.org:
“What an exciting time in Australian history to be promoting, growing and developing
in the fields, most have dedicated their lives to.”
If you wish to advertise please contact Nicole Fisher on email@example.com
Please continue reading for our Terms & Conditions of advertising with Australian Psychics
The following disclaimer is provided for your information and for legal reasons in accordance with the current Australian legislation. Australian Psychics is under obligation to make you aware that all information and readings provided are for entertainment purposes only and no liability will be accepted by any member of the Australian Psychics or Suranyi Fisher Enterprises’ owners, team, affiliates or associated entities for neither any actions taken resulting from a reading or information provided, nor any consequences of such action which may or may not arise from the results.
By joining our online directory and Facebook page as a paid advertiser you agree to all terms and conditions. Neither Australian Psychics, Suranyi Fisher Enterprises nor its owners, team, affiliates or associated entities will be held responsible for any legal proceedings or obligations. Although our advertising has produced strong, measurable results, this does not mean results are guaranteed. Please be aware that Australian Psychics has the right to refuse and terminate services at any stage. The Australian Psychics team and our page members are to be spoken to with politeness and manners used at all times. Demands and rudeness will not be tolerated as a member of our team.
Any advice or readings on health issues must never override a doctor’s advice and prescribed prescriptions. Nor can we offer legal advice on legal issues. You are responsible for your own actions with regards to any readings, services or products provided. Australian Psychics is designed to help, support, educate and guide you and its members on all matters of mediumship and psychic/spiritual work and will be conducted in an open, direct and transparent manner at all times.
At times we do source pictures from Google images and will share the source information so long as it doesn’t direct our users to a spam page. If at any time you find a picture that belongs to you or someone you know that we have inadvertently not identified, please make us aware and we will either add the source information (more exposure for your page) or remove the image if requested.
ADVERTISING STANDARD TERMS AND CONDITIONS
THESE STANDARD TERMS AND CONDITIONS AND THE TERMS OF ANY ADVERTISING ORDER FORM (“ORDER FORM”), CONSTITUTE AN AGREEMENT (THE “AGREEMENT”) BETWEEN THE ADVERTISER (“ADVERTISER”) AND SURANYI FISHER ENTERPRISES, OWNERS OF AUSTRALIAN PSYCHICS. FOR PURPOSES OF THIS AGREEMENT, “AP” SHALL MEAN AUSTRALIAN PSYCHICS, OWNED BY SURANYI FISHER ENTERPRISES. PLEASE READ THE AGREEMENT VERY CAREFULLY.
1. Display of Advertisement.
1.1 Advertiser agrees that AP may display the advertisement Advertiser places with us on the Australian Psychics Facebook Page http://www.facebook.com/Aussie.Psychics (the “Service”) during the Contract Period.
1.2 In this Agreement the following words and phrases shall have the following meanings: ”Contract Period” means the period defined in the AP Media Kit as on offer for all advertisements. As of 5 November 2013 the contract periods on offer to advertisers are 1 day (within a 24 hr period), 1 month (up to 31 days), 3 months (up to 93 days), 6 months (up to 186 days) and 12 months (up to 365 days).
1.3 Advertiser will deliver and will be solely responsible for providing to AP all of the text, pictures, graphics, sound, video, article links, blog links and other data which AP will use to comprise the text, graphic or html listings, files or otherwise that Advertiser intends to have displayed on the Service.
1.4 Advertiser hereby grants to AP a non-exclusive, royalty-free, worldwide right and license by all means and in any media to use, reproduce, distribute, modify for technical purposes, publicly perform, publicly display and digitally perform such Advertisement and all its constituent parts, and to use such Advertisement and Advertiser’s name and logo in AP’s marketing materials in order to market and promote the AP Service.
1.5 AP will not change the Advertisement without Advertiser’s approval unless such change is necessary to conform to AP’s Advertiser Guidelines or to the requirements imposed by Facebook with regards to size, text or other limitations which may crop, shorten or otherwise alter the Advertisement, such alterations to apply only to the specific publisher page (Facebook) which imposed said restrictions.
1.6 Advertiser agrees to direct all communications regarding Advertisements to AP and not to the owners or operators of Facebook.
2. Advertising Guidelines.
2.1 Advertiser agrees and acknowledges that in addition to these Terms and Conditions it accepts and agrees to abide by the terms and conditions set out in Facebook https://www.facebook.com/ad_guidelines.php which are incorporated into these Terms and Conditions by reference.
2.2 AP may, in its sole discretion, reject, cancel or remove at any time any Advertisement from the Service for any reason without prior notice to the Advertiser without liability.
2.3 AP will notify the Advertiser following the rejection, cancellation or removal of any Advertisement from the Service and shall offer the Advertiser the opportunity to replace this Advertisement with new material for the duration of the Contract Period.
2.4 AP does not guarantee results from advertising on http://www.facebook.com/Aussie.Psychics and will therefore not give discounts or refunds upon clients’ claims of no results.
2.7 Advertiser represents and warrants that:
(a) it has all necessary authority to enter into this Agreement;
(b) it has all necessary licenses, permits, clearances and/or rights to use the Advertisements;
(c) it will comply with all applicable laws;
(e) any use and display of the Advertisements shall not:
(i) infringe or violate any patent, copyright, trademark, service mark, trade secret, or other intellectual property right of a third party, including any right of privacy or publicity;
(ii) violate any federal, state or local laws or regulations or foreign laws;
(iii) contain material that is pornographic, obscene, defamatory, libellous, fraudulent, misleading, threatening, hateful, or racially or ethnically objectionable;
(iv) be likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity, or
(v) contain viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information.
3. Ad Creative and Positioning.
3.1 All components of an advertisement, including any text, images, or other media, must be relevant and appropriate to the product or service being offered and the audience viewing the advertisement.
3.2 Advertisements may not contain audio or flash animation that plays automatically without a user’s interaction or expands within Facebook after a user clicks on the advertisement.
3.3 Advertisements may not position products or services in a sexually suggestive manner.
3.4 Advertisements may not contain content that exploits political agendas or “hot button” issues for commercial use.
3.5 Additionally, advertisement text must include proper grammar and the use of all symbols, numbers, or letters must adhere to the true meaning of the symbol.
3.6 Advertisements may contain original text, images that the Advertiser has ownership or permission to use as per 2.7.(i), original article or blog linked to an Advertiser’s website, original video material, original inspiration messages, original tips and insights or other original material that adheres to the AP guidelines.
3.7 The combination of advertisement content and specifications for advertisement creative variation is outlined for Advertisers in the Australian Psychics Media Kit which is incorporated into these Terms and Conditions by reference.
4. Contract Period Terms.
4.1 For a one-off advertisement, AP will guarantee to post this within the most interactive 60 minute period of the advertising date purchased by the Advertiser and according to the latest data available for the page on Facebook.
4.2 For a one month (up to 31 days), three month (up to 93 days), six month (up to 186 days) and twelve month (up to 365 days) contract, AP will place one Advertisement for the Advertiser during the morning and one Advertisement during the evening based on Australian Eastern Daylight Saving time.
4.3 AP reserves the right to choose which material supplied to AP by the Advertiser as part of the Contract Period gets displayed each day. The decision for this will be based on AP creating the best experience and engagement for its Advertisers and Members on the Facebook page, as decided by AP.
5. Cancellation; Termination.
5.1 Advertiser may cancel the campaign at any time by submitting their cancellation in writing to AP.
5.2 AP may at any time terminate the Service, terminate this Agreement or cancel any Advertisement.
5.3 AP will notify Advertiser by email of any such termination or cancellation which shall be effective immediately.
5.4 Upon cancellation or termination all new advertising material from that Advertiser will be stopped immediately from appearing on http://www.facebook.com/Aussie.Psychics Previously displayed material will remain in place at AP’s discretion.
5.5 The Advertiser agrees that all monies pre-paid for a contract period will be forfeited on cancellation of advertising with AP.
5.6 Paragraphs 2 through 14 of this Agreement shall survive the termination of this Agreement howsoever caused.
6. Prohibited Uses.
6.1 Advertiser agrees not to:
(a) generate fraudulent impressions of or fraudulent clicks on any advertisements on the Service, including but not limited to using robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search optimization services and/or software;
(b) advertise substances, services, products or materials that are illegal;
(c) violate any policy posted in the Advertiser Guidelines;
(d) fraudulently redirect end user including but not limited to unauthorized use of proprietary rights, copyrights, trademarks, or service marks in URLs, use of false or misleading URLs, use of “ghosting”, “cloaking”, and/or “doorway pages” methods; or
(e) engage in any other illegal or fraudulent business practices. Advertiser shall not include links to any web site as part of an Advertisement unless the content at such web site is relevant to the creative of the Advertisement.
6.2 AP reserves the right to manually review all creative for quality and relevancy and reserves the right to refuse any Advertisement should AP or an AP Affiliate determine it to be inappropriate or irrelevant for any reason whatsoever.
7.1 Advertiser agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any governmental entity, to AP 14 days before the commencement of the contract period.
7.2 All payments to AP are processed in Australian dollars and are GST inclusive.
7.3 As of 5 November 2013, a one-off advertisement costs $60 on http://www.facebook.com/Aussie.Psychics
7.4 As of 5 November 2013, one month of advertising costs $100 on http://www.facebook.com/Aussie.Psychics
7.5 As of 5 November 2013, three months of advertising costs $240 on http://www.facebook.com/Aussie.Psychics
7.6 As of 5 November 2013, six months of advertising costs $480 on http://www.facebook.com/Aussie.Psychics
7.7 As of 5 November 2013, twelve months of advertising costs $960 on http://www.facebook.com/Aussie.Psychics
7.8 Charges shall be based on invoicing records maintained by AP for purposes of billing. No other measurements or statistics of any kind shall be accepted by AP or shall have any effect under this Agreement.
7.9 In the event the Advertiser fails to make timely payment 14 days before the commencement of a contract period, AP reserves the right to sell any space or spots on http://www.facebook.com/Aussie.Psychics reserved for that Advertiser to another Advertiser.
7.10 If payment cannot be charged to Advertiser’s credit/charge/debit card for any reason; or if there is a chargeback for any reason or if Advertiser’ financial institution does not honour Advertiser’s direct debit for payment,
(i) AP may demand immediate payment for all outstanding balances due pursuant to this Agreement and any other agreement between the parties, and Advertiser agrees to pay all outstanding charges upon such demand;
(ii) AP may terminate Advertiser’s account in whole or in part, including removal of the Ads.
7.11 Payment by Advertiser is automatic acceptance of these terms and conditions.
8. Usage Statistics.
8.1 AP will provide Advertiser with usage statistics in a format determined solely by AP.
8.2 Advertiser acknowledges that usage statistics provided by AP are the official, definitive measurements of AP’s performance on any delivery obligations. No other measurements or usage statistics (including those of Advertiser or a third party ad server) shall be accepted by AP or have bearing on this Agreement.
8.3 AP MAKES NO GUARANTEES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY USAGE STATISTICS PROVIDED TO ADVERTISER.
9. Modification and Operation of the Service.
9.1 AP reserves the right to redesign or modify the organization, structure or “look and feel” of the Service at any time without notice.
9.2 THE SERVICE IS MADE AVAILABLE “AS IS” AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AP DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE OR OPERATION THEREOF WILL BE UNINTERRUPTED OR WILL MEET ADVERTISER’S REQUIREMENTS.
9.3 AP is not responsible for Facebook’s reliability, performance or operation.
10.1 Advertiser will defend, indemnify and hold AP, Suranyi Fisher Enterprises and the AP and Suranyi Fisher Affiliates and all of their directors, officers, employees and agents harmless, from and against any and all claims, costs, losses, damages, judgments and expenses (including reasonable attorney’s fees) arising out of or alleged to arise out of, or in connection with AP’s display of the Advertisement, including without limitation, any breach or alleged breach by Advertiser of its representations, warranties, and/or obligations pursuant to this Agreement PROVIDED THAT the party seeking indemnification;
(i) gives Advertiser notice of the relevant claim,
(ii) reasonably cooperates with Advertiser at Advertiser’s expense, in the defence of such claim, and
(iii) gives Advertiser the right to control the defence and settlement of any such claim, except that Advertiser shall not enter into any settlement that affects the indemnified party’s rights or interest without the indemnified party’s prior written approval.
10.2 The indemnified party shall have the right to participate in the defence at its expense. In the event Advertiser fails to defend and/or indemnify the indemnified party, the indemnified party has the right to defend or settle any claim on its own behalf though counsel of its own choice, and be fully reimbursed by the Advertiser for all costs and expenses of such defence.
11. Limitation of Liability.
11.1 AP AND ANY OTHER AP OR SURANYI FISHER ENTERPRISES AFFILIATES SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY LOSS OF BUSINESS, REVENUE, PROFITS, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SUCH PARTY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 IN NO EVENT SHALL AP’S OR ANY OTHER AP AFFILIATES AGGREGATE LIABILITY TO ADVERTISER UNDER THIS AGREEMENT FOR ANY CLAIM EXCEED THE GREATER OF (i) THE AGGREGATE AMOUNTS ACTUALLY PAID BY ADVERTISER TO AP DURING THE THREE MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE OR (ii) ONE HUNDRED DOLLARS.
12. Press Release.
Advertiser shall not issue any press releases or public statements regarding the existence or terms of this Agreement without the prior approval of AP or as required by law.
13. Force Majeure.
If the performance of this Agreement or any obligation hereunder is prevented, restricted, or interfered with by any act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance, except for the making of payments hereunder, to the extent of such prevention, restriction, or interference.
14. General Provisions.
14.1 AP reserves the right to change its advertising rates or these terms and conditions without notice. Continued use of the AP Service constitutes acceptance of the updated terms.
14.2 Advertiser may not assign this Agreement or any of its rights or delegate any of its duties here under this Agreement without AP’s prior written consent and any attempted assignment without AP’s written consent shall be null and void.
14.3 In the event that any provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect.
14.4 These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
14.5 This Agreement sets forth the entire agreement between the parties relating to the subject matter hereof. Any amendment or modification to this Agreement must be in a writing signed by both parties.
Last updated: November 5, 2013