AGFG Priority Feature Listing Terms & Conditions

THE AGREEMENT

The service refers to: the display of an advertisement(s).

It is the responsibility of theAdvertiser to supply all material: including but not limited toimages,menu andeditorial for the promotion of their establishment. Text Files to be supplied asMicrosoft word or text format. Images to be supplied must be at least300 x 300 pixels at72 dpi inJpeg format.

The Advertiser has a'cooling-off' period of 10 days commencing on the date that the agreement is formed. If the Advertiser wishes to utilise this period tocancel the agreement,the Advertiser is required to notifyAGFG in accordance withclause 4.3 of theStandard Terms & Conditions.

The Advertiser acknowledges that the sole obligation of Australian Good Food Guide Publishing Pty Ltd (AGFG) is to display an advertisement from Advertiser which conforms to the specifications set out in the agreement which has been executed by AGFG and the Advertiser. Unless expressly provided for elsewhere in this Agreement: AGFG will have no obligation to provide any creative, design, technical or production services to Advertiser; and the nature and extent of any such services which AGFG may provide to Advertiser shall be as determined by AGFG in its sole discretion.

Advertiser grants AGFG the authority to access and utilise materials including, but not limited to; information, editorial and images appearing on the Advertisers own website.

STANDARD TERMS & CONDITIONS

This agreement will be governed by the laws of the Australian state or territory in which the Advertiser is located.

1. MATERIAL DISPLAY

(1) AGFG provides the service "as-is", "with all faults", and "as available". AGFG does not guarantee the accuracy or timeliness of information. AGFG gives no express warranties, guarantees or conditions.

(2) Advertiser agrees that AGFG has the right to market, display, perform, transmit and promote the Advertisement through the AGFG Service; and users of the AGFG Service have the right to access and use the Advertisement together with any content or materials linked to the Advertisement.

(3) AGFG reserves the right to redesign or modify the organisation, structure, "look and feel" and other elements of the AGFG Service at its sole discretion at any time without prior notice.

2. LIMITATION OF LIABILITY

(1) Advertiser must ensure that the Advertised Content does not: disparage AGFG; promote any product or service which is reasonably competitive with the principal products or services offered through the AGFG Service; or violate any applicable law, regulation or third party right (including, without limitation, any copyright, moral right, trade mark, patent or other proprietary right, defamation and laws prohibiting offensive content).

(2) Subject to any applicable law including without limitation the Trade Practices Act 1974 (Cth), under no circumstances will: either party be liable to the other party for indirect, incidental, consequential, special or exemplary damages arising from any aspect of the advertising relationship in this Agreement or any other provision of this Agreement.

(3) Advertiser will indemnify, defend and hold harmless AGFG and the officers, directors, agents, affiliates, distributors, franchises and employees of AGFG from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable legal fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings for libel, defamation, violation of right of privacy or publicity, copyright infringement, trade mark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation throughout the world in connection with the Advertisement or Advertiser Content.

3. PAYMENT OF FEES

All merchant fees associated with credit card and direct debit payments can be recovered from your nominated account (if applicable). If your payment is not honoured (for example, in the case of insufficient funds for direct debit or credit card payment, or a dishonoured cheque), you agree that AGFG may continue to debit your nominated credit/debit account with the amount due without notice to you. Recovery costs and bank charges may be on-charged.

4. CANCELLATION OF SERVICE

(1) Our right to cancel the service - non fixed-length agreement and fixed-length agreement

We may cancel the service at any time, without liability, if:

(a) any amount owing to us in respect of the service is not paid by its due date.
(b) we are required to do so to comply with an order under law (for example, under the Copyright Act 1968 (Cth),
(c) we believe in good faith that further display of the Advertisement will expose AGFG to liability or other adverse consequences.

(2) Our right to cancel the service - non fixed-length agreement

If the agreement is a non fixed-length agreement, we may cancel the service at any time by giving you at least fourteen (14) days notice.

(3)Your right to cancel the service - non fixed-length agreement and fixed-length agreement. You have a 'Cooling Off' period which commences on the date that the agreement was authorised by you, and will end 10 full days after this period. Should you decide not to proceed with the agreement during these 10 days, you will be refunded all monies paid by you to AGFG.

After the Cooling off period ends,

(a) If theagreement is apre-paid agreement, we will provide theservice toyou in accordance with theagreement for aminimum term of 12 calendar months, the sum of which is to be paid in advance.Prepaid agreements can not be cancelled and are not refundable.

(b) If the agreement is a non fixed-length agreement, we will provide the service to you on a month by month basis in accordance with the agreement paid in advance until the agreement is cancelled. If you wish to cancel your agreement you may do so at any time by giving us at least fourteen (14) days written notice.

All cancellation requests must be made in writing via email: editor@agfg.com.au, or by written request via registered post: 2490 Gold Coast Hwy, Mermaid Beach QLD 4218 Australia. After this period you are not eligible for any refund of money which you have paid to AGFG for any reason.

5. INVESTMENT INCREASE

AGFG reserves the right at any time, to increase the fees of a non fixed-length agreement, and will use reasonable endeavours to give written notice to the most current e-mail address you have supplied at least one month prior to this occurring. You will be taken to have received notices sent to your latest e-mail address given to us on the second business day after we send them. If fees are increased and reasonable endeavours have been made to provide prior notice, you hereby authorise AGFG or its appointed agent to increase any direct debits to your credit card or bank account which you have authorised upon joining.

6. INVALIDATION

In the event that any provision of this Agreement is held invalid by a court with jurisdiction over the Parties to this Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law; and the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.

This Agreement sets out the entire agreement between Advertiser and AGFG, and supersedes any and all prior agreements of AGFG and Advertiser with respect to the transactions set out in this Agreement.