TERMS AND CONDITIONS

1.        TERM

1.1                 This agreement will commence on the date that Whats On Now commences supplying the service.

1.2                 Unless a party notifies the other at least 30 days before the end of the term, this Agreement will automatically renew for a further term of the same duration as the initial term described in the agreement.  Either party may terminate this agreement by notice to the other at least 30 days before the end of a further term.

1.3                 The service will be supplied in accordance with the terms of this agreement.  If there is any inconsistency between these terms and any other representation, warranty or agreement of Whats On Now in relation to the service, these terms will prevail to the extent of the inconsistency.

2.        SERVICE

2.1                 Whats On Now does not warrant that the service will be continuous, uninterrupted or error free, and Whats On Now will not be liable for any loss, damage or disappointment arising as a result of any interruptions or unexpected changes to the website.  In particular and without limiting this, the Customer acknowledges that:

(a)       There may be circumstances outside Whats On Now’s control which cause Whats On Now to stop providing all or some of the website’s features without notice; and

2.2                 Whats On Now has the right at any time to:

(a)       Alter the website and its features without notice to the Customer and without any adjustments to the Plan Fee;

(b)      Substitute a feature or add a feature and adjust the Plan Fee.

2.3                 The Customer is entitled to cancel their plan by giving Whats On Now 30 days prior written notice subject to paying Whats On Now any amounts outstanding and a termination fee equal to 3 months charges for their respective plan.

3.         SECURITY OF INFORMATION PROVIDED

3.1                 Whats On Now do not accept liability in respect of any information
entered by a customer of this Website.

3.2                 Whats On Now put customers on notice that there is no known means of ensuring that data transmitted over the internet can be made totally secure and, notwithstanding that Whats On Now will make reasonable efforts to ensure the security of any information transmitted by the customer to this Website, they are not liable for the interception or illicit or unlawful use of any such information.

3.3                 The customer warrants that it will:

(a)       take all necessary steps to preserve the confidentiality of its information, log in user details and password and accept the responsibility for all unauthorised use of the aforesaid identification and password.

(b)      take all necessary steps to keep its contact information, including email address up to date.

 

4.        ADVERTISING

4.1                 The customer must ensure any information entered into the website, including events & customer information, must be suitable for all age groups and must not contain any profanities or inappropriate information.

4.2                 The customer must not advertise any gambling facilities.

4.3                 The customer acknowledges that Whats On Now may remove or modify any customers event or information without notice.

4.4                 Directory and event listings are often ordered randomly, alphabetical, or by date. Whats On Now reserves the right to change the order at any time without notice. While Whats On Now will try to accommodate most “Featured Events”, Whats On Now reserves the right to approve or deny any event to be featured.

 

5.        PLAN FEES AND OTHER CHARGES

5.1                 The Plan Fee must be paid monthly in advance, and otherwise as invoiced by Whats On Now.

5.2                 The customer acknowledges that Whats On Now reserves the right to issue invoices by a number of means, including email.

5.3                 The Customer acknowledges that Whats On Now has relied upon, and will continue to rely upon, certain information provided by the Customer for the purpose of calculating the Plan Fee and any adjustments to the Plan Fee under this Agreement.   Accordingly, the Customer represents and warrants that:

(a)       All documents, records or other information provided to Whats On Now or its representatives, whether written or oral, are true, accurate and complete in every respect; and

5.4                 Whats On Now may at any time by written notice to the Customer, but no more than once in each 12 month period, increase the Plan Fee by a percentage amount equal to the percentage increase in the CPI during the preceding 12 month period.

5.5                 In addition to and notwithstanding Whats On Now’s other rights under this Agreement, Whats On Now may increase the Plan Fee at any time at its discretion by 30 or more days’ notice to the Customer.  If the Customer does not wish to pay the increased Plan Fee, the Customer may terminate this Agreement by written notice to Whats On Now during that notice period without penalty.  If the customer does not exercise its rights to terminate before the expiry of the notice period, the Customer will be deemed to have accepted the changes to the Plan Fee by continuing to use or receive the benefit of the Service.

5.6                 If any money due to Whats On Now under this Agreement is not paid by the due date, Whats On Now may charge to the Customer an additional late fee of 10% of the overdue amount.

5.7                 The Customer must pay all collection costs (including Whats On Now’s total legal fees) or other losses of Whats on Now which arise as a result of enforcing collection of overdue Plan Fees or other amounts payable under this Agreement.

5.8                 The customer acknowledges that Whats On Now is not registered for GST purposes (as at March 2008), this may change in future and plan fees will be adjusted to suit.

6.        PERMISSION GIVEN BY THE CUSTOMER

6.1                 The Customer (or any other party signing this Agreement) represents and warrants that it has full capacity and power to enter into and perform this Agreement and has obtained all necessary permissions (including any owner or body corporate of the Premises).

6.2                 Information about the Customer will be held in a database and may only be used or disclosed by Whats On Now or others in accordance with the requirements of the Privacy Act 1988 (Cth).  Whats On Now may use the information in accordance with Whats On Now’s privacy policy, available on the website.

7.        PROMOTION OF THE SERVICES

Whats On Now may provide the Customer with on-site advertising and promotional materials for use by the Customer in promoting the availability of the Services at the Premises. 

8.        CHANGING THIS AGREEMENT

In addition to and notwithstanding its other rights under this Agreement, Whats On Now may vary or replace the terms of this Agreement at any time by giving the Customer 30 day’s written notice of any variation or replacement.

9.        ENDING THIS AGREEMENT

9.1                 Whats On Now may end this Agreement immediately by giving written notice to the Customer, if:

(a)       the Customer does not comply with any terms of this Agreement, including any failure to pay amounts owing by the due date;

(b)      Whats On Now has reasonable grounds to believe that the service is being misused.

9.2                 In addition to its other rights, Whats on Now may end this Agreement at any time without cause or liability by giving the Customer 1 month’s written notice.

9.3                 The Customer agrees that if it terminates the Agreement prior to the expiration of the term (including any Further Term), it must give Whats on Now 30 days prior written notice of such termination and pay Whats on Now upon demand any amounts outstanding prior to the termination plus any amount equal to three (3) months’ Plan Fees as at the date of such notice (or such lesser amount as Whats on Now requires).

 

10.     MISCELLANEOUS

10.1              Whats on Now may transfer, assign or novate its rights and obligations under this Agreement to any person or other legal entity without the Customer’s consent.  The Customer may not assign or transfer its rights and obligations under this Agreement without Whats On Now’s prior written approval.

10.2              This Agreement contains the entire Agreement between the Customer and Whats on Now and any previous agreement is superseded by this Agreement.  The Customer acknowledges that it has not relied on any written or oral statement in entering into or performing this Agreement.  This Agreement can only be amended as set out in this Agreement.

10.3              Notices by one party to the other will be effective if they are in writing and delivered to the other party personally or posted to the other party’s address last known to the party issuing the notice or sent by facsimile transmission to the other party’s fax number last known to the party issuing the notice.

11.     DEFINITIONS

11.1              In these Terms unless the contrary intention appears:

a)        A reference to these Terms means these Terms and Conditions and includes any variation or replacement of them;

b)        A reference to a statute or other law includes regulations and other instruments under it and any consolidations, amendments, re-enactments or replacements of it;

c)        The singular includes the plural number and vice versa;

d)        A reference to a gender includes a reference to each gender;

e)        The word “person” includes a firm, corporation, body corporate, unincorporated association or a governmental authority;

f)         A reference to a person includes a reference to the person’s legal personal representatives, successors, liquidators, trustees in bankruptcy and the like, and permitted assigns;

g)        An agreement on the part of, or in favour of, two or more persons binds or is for the benefit of them or any one or more of them together and separately;

h)        A reference to a party means a person who is named as a party to, and is bound to observe the provisions of, this document;

i)         “Includes” means includes but without limitation;

j)         Where a word or a phrase is given a defined meaning in this agreement, any other part of speech or grammatical form in respect of such word or phrase has a corresponding meaning;

k)        A reference to an act includes an omission and a reference to doing an act includes executing a document;

l)         Headings are for reference only. They do not affect the meaning or interpretation of this document; and

m)      Any schedule attached to this document forms part of it;

n)        “Advertiser” means any person advertising any service or any product on this Website;

o)        “Featured Event” means an event displayed on the front page of the website, or other prominent locations.

p)        “Website” means the Website known as whatsonnow.com.au and all materials accessible at that Website.

q)        Agreement means clauses 1 to 9 inclusive and the Sign Up Form.

r)         Dixon Family Enterprises trades as Whats On Now

s)         CPI means the All Groups Consumer Price Index (weighted average of eight capital cities) published by the Australian Bureau of Statistics or its successor.

t)         GST means a goods and service tax or any similar value added tax imposed in respect of any supply made under or in connection with this Agreement.

u)        Options means the additional package/options chosen by the Customer in addition to the Basic Service, as specified in the Schedule or selected by the customer during the Term in accordance with this Agreement.

v)        Schedule means the front page of this Agreement with the Customer’s details and the details of this Agreement.

w)       Term means the term of this Agreement as set out in the Schedule and except where the context requires otherwise, includes any Further Term as defined in clause 1.

x)        Plan Fee means the monthly fee that the Customer must pay for the delivery of the service as calculated in accordance with this Agreement.