These terms are effective from January 1st, 2012.
Latinos Australia Group is an information and advertising service (‘service’) operated from the website at Latinos.com.au (the ‘site’) on the terms set out below. If you use the Service or the Site, you are deemed to have agreed to these terms. In addition, if you place advertising on the Site, you agree to be bound by the below terms and conditions.
As a condition of your use of Latinos.com.au you agree that you will not:
- violate any laws;
- violate the Posting Policy;
- post any threatening, abusive, defamatory, obscene or indecent material;
- be false or misleading;
- infringe any third-party right;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Latinos.com.au or the interests or property of Latinos.com.au users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of Latinos.com.au;
- copy, modify, or distribute any other person’s content without their consent;
- use any robot spider, scraper or other automated means to access Latinos.com.au and collect content for any purpose without our written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to Latinos.com.au.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Latinos.com.au if they are acting inconsistently with our policies. However, whether we decide to take any of these steps, we do not accept any liability for monitoring Latinos.com.au or for unauthorized or unlawful content on Latinos.com.au or use of Latinos.com.au by users.
Latinos.com.au reserves the right, at its discretion, to cancel or restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.
Latinos.com.au works to ensure the site works properly and that the community keeps safe. Report problems, offensive content and policy breaches to Latinos.com.au by emailing email@example.com
Fees and Services
Latinos.com.au does not warrant the accuracy or completeness of content, nor endorse the contents of any advertisement or any other content or information posted on the site. Latinos.com.au is not liable for errors or omissions with posted content. Users need to verify information with third parties directly and should make their own enquiries as to the condition or suitability of services, products and items.
As an advertiser or promoter on the site, you are solely responsible for all information that you submit to Latinos.com.au and any consequences that may result from your post.
We reserve the right at our discretion to refuse or delete content, including free or paid posts, that we believe is inappropriate or breaching the site’s terms.
In consideration of the mutual promises and covenants contained in this Agreement, the parties hereby agree as follows:
- Latinos.com.au. In consideration for Sponsor’s participation, Latinos.com.au shall provide the Sponsor the benefits set out in the document titled Sponsorship Form.
- Sponsor Obligations. For its participation as a Sponsor, Sponsor shall pay to Latinos.com.au a fee corresponding with (the “Sponsorship Level”), as set out in the document titled Sponsorship Form. The Sponsorship Level Fee is payable to Latinos.com.au within 7 days of receiving the invoice.
- Sponsor Trademarks/Sponsor Materials. Subject to the terms and conditions of this Agreement, Sponsor grants to Latinos.com.au the right to use Sponsor’s trademarks, trade names, and logo designs and company descriptions as prepared and delivered to Latinos.com.au by Sponsor (“Sponsor Materials”), in any medium of advertising, marketing materials, and/or promotional goods distributed solely in conjunction with sponsorship and in accordance with Sponsor’s trademark usage guidelines.
- Latinos.com.au shall not be responsible for any loss of or damage to property of Sponsor, its employees, agents, contractors or assigns nor for any personal injury to Sponsor’s officers, directors, employees, agents, contractors and/or invitees.
- Sponsor shall indemnify, defend, and hold Latinos.com.au harmless from and against any claims arising out of, or relating directly or indirectly to, content on their respective web sites, use of Sponsor’s trademarks and logos, and Sponsor Materials.
- Sponsor will give Latinos.com.au prompt written notice of any claim or suit coming within the purview of these indemnities.
- Limitation of Liability. In no event shall either party be liable to the other party for any incidental, consequential, indirect, or punitive damages (including but not limited to lost profits) regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages.
- Representations. Each party hereby represents and warrants that it has the full power to enter into and perform according to the terms of this Agreement.
- Within each sponsorship level, there are packages with opportunities to promote your products and services through various advertising location on Latinos.com.au, our newsletter, and social media i.e. Facebook and Twitter. All marketing material is to be provided by the sponsor. Any promotional opportunities within your selected package that is unused, cannot be refunded, transferred, or rolled over to the following year. All promotional options within your selected sponsorship level need to be used within the 12 month period. There is also no obligation from Latinos.com.au for you to use them all.
Term and Termination
- Term. Subject to the terms and conditions herein, this Agreement shall be effective upon the commencement date and shall continue through a 12 month period, unless earlier terminated as otherwise provided in this Agreement (the “Term”).
Termination by Latinos.com.au.
- Latinos.com.au shall be entitled to cancel or terminate this Agreement at any time for any reason, and at Sponsor’s expense return any materials, and equipment, hardware and/or software loaned by Sponsor.
Termination by Sponsor; Effect of Termination
- Sponsor may terminate this Agreement for breach by Latinos.com.au after giving Latinos.com.au at least ten (10) days prior written notice specifying the nature of the breach, and giving Latinos.com.au no less than ten (10) days to cure such breach. In the event such breach remains uncured at the end of the notice period, this Agreement shall terminate on the tenth day.
- If breach occurs fewer than ten (10) days prior to the Event, Sponsor may terminate this Agreement for breach if such breach is not cured by the first day of the Event.
- If Latinos.com.au terminates this Agreement for Sponsor’s breach, Latinos.com.au shall retain any fees received from Sponsor which fees shall be due and payable notwithstanding any such termination. Any equipment, materials and hardware or software of Sponsor shall be returned, and in the interim, may be used for the purposes contemplated herein notwithstanding such termination.
- If Sponsor terminates for Latinos.com.au’s breach, Sponsor shall be entitled to seek a refund of any remaining period of sponsorship.
- This Agreement does not constitute and shall not be construed as constituting a partnership, or joint venture relationship between or among the parties.
- Each party expressly undertakes to retain in confidence all information and know-how transmitted to it by the other party that the disclosing party has designated as proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, and will make no use of such information and know-how except under the terms, for the purposes of and during the existence of this Agreement.
- Each party’s obligation under this Agreement with respect to any particular information shall extend to the earlier of such time as such information is publicly available through no fault of the receiving party or five (5) years following termination of the Agreement.
- Governing Law/Jurisdiction. This Agreement shall be governed and interpreted in accordance with the laws of the state of New South Wales
- Assignment. This Agreement may not be assigned by either party without prior written consent of the other party.
Our fees are non-refundable. Fees must be paid for on time and if this does not occur, Latinos.com.au may limit your ability to use the services. If your payment method fails or your account is past its due date, Latinos.com.au may collect fees owed using other collection mechanisms.
Latinos.com.au may with or without notice to you and at its discretion terminate your access to all or part of the Site without the need to provide reasons.
Latinos.com.au and the content displayed on the site are protected as a collective work and/or compilation, pursuant to copyrights and trademark laws and international conventions.
You agree not to copy, distribute or modify content from the site, or content belonging to third parties also on the site, without Latinos.com.au’s written consent. You may not disassemble, decompile, or otherwise attempt to discover or manipulate any source code contained in Latinos.com.au. You may not copy, sell, resell, or exploit for any purposes, any aspect of Latinos.com.au (other than your own content).
When you provide content to Latinos.com.au, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, permanent, binding, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.
You agree that you have obtained permission to use any copyrighted material from the legal owner prior to using it on the site. Owners of copyright, trademark or other rights provided by third parties to the site can report potential infringements and submit a request for such relevant content infringements to be removed from the site. If a legal representative of the entitled party reports this to Latinos.com.au in the correct manner, products infringing on such intellectual property rights will be removed by Latinos.com.au.
Latinos.com.au does not guarantee the accuracy of any information posted on the website by a third party, and is not liable for errors or omissions with this content. You will at all times follow the registration process for users of the Site.
Nothing in these terms shall limit Latinos.com.au’s liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our service providers or employees. You agree not to hold us responsible for things other users of the site post or do.
The Service is governed by the laws of New South Wales.
We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Latinos.com.au comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of the products or services being offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Latinos.com.au, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
If a dispute arises between you and Latinos.com.au, we strongly encourage you to first contact us directly to seek a resolution by sending an email to firstname.lastname@example.org. We will consider requests to resolve the dispute through alternative dispute resolution procedures if it is considered fair and reasonable.
Respect our Online Community
Latinos.com.au’s postings are provided either for free or at a low cost. You will utilise this service reasonably and respect the rights of others, particularly regarding the posting of the same advertisement more than once. You agree to manage your post with anti-spamming policies in mind. Spamming is unreasonable, particularly in an inappropriate category.
You agree that your posting will advertise your product or service only. Any reference to another service provider within your advertisement will mean immediate removal of your posting from the Latinos.com.au site.
Flooding your post on the site with excessive advertisements placed inappropriately may also prevent others from fair use of the site. Latinos.com.au will be the sole arbiter of what is reasonable use, and may remove some or all of your ads, and in some cases, ban you from the site if forced to investigate.
Latinos.com.au Online Posting Policy
As a condition of your use of Latinos.com.au you agree that you are older than 18 years of age.
Your online posting may be removed from the site if it:
- Is against applicable governing laws
- A duplication of another advertisement posted by you
- Posted under an incorrect category (you must choose the single most relevant category for your advertisement)
- Written in a language other than English, Spanish, or Portuguese (Latinos.com.au is an English, Spanish, and Portuguese language site and to make sure that the site is usable for everyone we only accept ads that are in English, Spanish, or Portuguese.
- Offers services based outside of Australia that is not included in the International category available on the site
- Containing website links to other sites
- Not descriptive enough (therefore making a negative online experience for users)
- Appears to be a copy of another ad posted on Latinos.com.au
- Contains inappropriate language, photo or images
- Discriminatory on race / religion / nationality / gender etc
- Promotes, Sells or offers services for pharmaceutical items, selling body parts / bodily fluids, adoption or surrogacy
- Is making reference to other fraudulent ads.
If you are found to be potentially breaching Latinos.com.au’s policies regarding advertising, you will be notified via email with the appropriate message below:
- Your positing has been reported to us and has been temporarily suspended until Latinos.com.au has had opportunity to review it. If no breach has been detected your posting should be back online within a few hours depending on the circumstances surrounding the suspension.