Advertise with Us

Legal agreement

Introduction

These Advertiser Terms of Use apply to any person who places advertisements of any kind on our website. These terms apply in addition to our General Terms, Acceptable Use Policy and Privacy Policy.

Should you object to this or any other term of use, you should immediately stop using our website.

Paid Advertisements

If you have purchased either a Featured Advertisement or a Banner Advertisement spot on our website (Paid Advertisements), then those relevant additional terms also apply to you.

Your acknowledgements

You acknowledge that at all times:

  1. you are solely responsible for the content of your advertisements and any errors or omissions in your advertisements: our role is one of publisher and we take no responsibility whatsoever for your advertisements;
  2. if you breach the Acceptable Use Policy or any other applicable terms of use between us, we have the right to take any action that we deem appropriate in relation to your advertisements, including removing your advertisements without notice to you;
  3. we cannot guarantee the continuous or fault-free operation of our website;
  4. the terms and conditions applicable to your advertisements at any point in time are the relevant terms and conditions published at aofun.com.au/terms at that point in time, which may not necessarily be the terms and conditions in effect at the date that you put up your advertisement;
  5. you acknowledge that sales leads generated by users submitting enquiries through our website include personal information within the meaning of the Privacy Act 1988;
  6. we may contact you from time to time in relation to products and services offered by us or our business partners and you authorise us:
    1. to contact you via email, text message and other electronic media, unless you explicitly request us not to contact you via these media; and
    2. to contact you via any of these methods without including an unsubscribe facility, to the extent permitted by law.

Your obligations

Old advertisements

You agree that:

  1. you will remove all of your inactive, sold, leased or no longer relevant advertisements from our website in a timely manner, to keep our website up-to-date; and
  2. when requested by us to amend or update your advertisements, you must extend the listing for a further period, label the property as sold or leased, withdraw the listing or otherwise comply with any reasonable direction we give you, to ensure our website is up-to-date. We may remove the advertisement if we consider that you have not complied with our request.

Legal and Privacy issues

You agree that:

  1. you will ensure that your advertisements are not unlawful or uploaded for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose yourself or us to any liability, legal proceedings or other sanction;
  2. you will comply with all applicable laws and regulations, including without limitation, the Competition and Consumer Act 2010, local fair trading legislation, the Privacy Act 1988, and any other applicable advertising standards;
  3. where you provide us with personal information of an individual including but not limited to an estate agent, employee, marketer or service provider, you must inform that individual that their personal information will be used and disclosed by us in accordance with our Privacy Policy; and
  4. you will only collect, use, disclose and store personal information obtained through our website, including through leads generated by users submitting enquiries on our website, for the sole purpose of contacting the person enquiring in relation to the specific property or service they have enquired about.

Use of your account by other persons

You agree that:

  1. you will not allow anyone else, including other people within your organisation, to use your account to create advertisements in breach of any terms of use for our website;
  2. you will ensure that your username and password for accessing our website are kept secure at all times, and are only disclosed to persons authorised to post advertisements; and
  3. you are responsible for the use of your account by any person (whether authorised or otherwise) and you must pay any charges incurred as a result of that use. The only exception to this is where there is unauthorised use of your account resulted from any negligent act or omission legally attributable to us.

Translated advertisements

This clause 4 applies only if you have requested that we translate your English language advertisement into Chinese for you, or if you have provided photographs and other materials to us, and have requested that we create a Chinese language advertisement for you.

Fees

On our web interface, you will be presented with a fixed quote for the service of translating your English language advertisement. If you proceed with requesting the translation service, you agree to us charging you the quoted amount once we make the translated advertisement available to the public.

Timing

When you request that we translate an advertisement for you, we will use our best endeavours to translate it and make it available to the public within three business days, and failing that, as soon as practicable.

Invoicing

Unless otherwise agreed, each invoice for translation services must be paid within 30 days after the date of the invoice.

GST

Unless otherwise stated, all of our rates are exclusive of GST. We will issue a tax invoice to you, and you must reimburse us for any GST payable by us for any taxable supply we make to you.

Non-payment

If you fail to pay any amount you owe to us by the due date then, in addition to any other rights we may have, we may:

  1. remove any or all of your advertisements from our site; and/or
  2. prevent you from submitting new advertisements on our site; and/or
  3. charge you interest at a rate no greater than 2% per month, calculated monthly, for each month or part thereof that the amount is overdue.

Copyright in translated content

Once we make a translated advertisement available to the public, ownership of the copyright in the translated text is transferred to you. You grant us a licence to that copyright in accordance with clause 5 below.

Your responsibility for translated advertisements

You agree that except in the case of any negligent act or omission legally attributable to us, any translated advertisements created under this clause will be considered to be your advertisements for the purposes of the terms of use on this website.

Your Materials

Your Materials

In these terms, Your Materials means information including data, text, video, still images, audio or other material that we have permitted you to publish, share, host, post, store or upload on our website.

Licence to Your Materials

  1. You retain all of your ownership rights in Your Materials.
  2. You grant us a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, commercialise, licence to other persons, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Your Materials throughout the world in any medium, whether currently in existence or not. This licence survives the termination of these terms or any other terms between us.
  3. You grant each user of our website a nonexclusive licence to download Your Materials for private and non-commercial uses.
  4. For any of Your Materials that you may retain moral rights in, you declare that you do not require that any personally identifying information be used in connection with the materials, or any derivative work, upgrade or update of the materials.

Your warranties about Your Materials

You represent and warrant that:

  1. you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise us to display Your Materials; and
  2. Your Materials:
    1. do not infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Your Materials made by you;
    2. are not misleading or deceptive;
    3. are not materially incorrect;
    4. are not likely to cause offence;
    5. are not obscene, including pornographic, hateful, racially or ethnically offensive material;
    6. are not defamatory;
    7. are not otherwise unlawful or encourage unlawful conduct; or
    8. are not otherwise inappropriate having regard to the purpose of our website.

Illegal or inappropriate materials

We may at any time, without liability to you, remove, alter or disable access to any or all of Your Materials if we consider in our sole discretion that:

  1. Your Materials are in breach of any law or regulation;
  2. Your Materials infringe the intellectual property rights of any third party;
  3. we are required to do so by a regulatory body or any relevant authority;
  4. you have not met any of your warranties listed in clause 2.3 above in respect of the Your Materials or any of your warranties listed in clause 3 below;
  5. Your Materials are:
    1. misleading or deceptive;
    2. inappropriate having regard to the purpose of our websites;
    3. likely to cause offence;
    4. materially incorrect;
    5. obscene;
    6. defamatory;
    7. otherwise unlawful; or
    8. corrupted, due to the presence of a virus or other disabling code.
  6. Your Materials should for any other reason be removed from our website.

Your general warranties

You represent and warrant that:

  1. if you advertise a property on our website:
    1. you hold any required licensing or accreditation to sell or lease all properties that you advertise; and
    2. you have full and unfettered authority to sell or lease all properties that you advertise, and have the proper authorities in place required by State or Territory regulations; and
  2. your use of our websites will comply at all times with all of our applicable terms and policies;
  3. you will make sure that you keep your username and password by which you access our website confidential and secure at all times; and
  4. you accept all liability for any unauthorised use of any username and password issued, except for unauthorised use resulting from any negligent act or omission legally attributable to us.

Indemnity

You agree to indemnify us (and our officers, directors, agents, subsidiaries, partners and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these terms, or your infringement of any law, or the rights of a third party in the course of using our website, or dealing with Your Materials.

Limitation of liability

  1. In relation to any advertisements that you place on our website that are not Paid Advertisements, the limitation of liability clause in the General Terms apply.
  2. In relation to Paid Advertisements, the limitation of liability clause in the relevant Paid Advertisement terms applies.

No Agency, Partnership or Joint Venture

We are not your agent, partner or joint venture partner for any purpose in relation to these terms or your use of our website.