Terms of Service
Welcome to Bookmarc
You acknowledge and agree that you are at least 18 years old and are capable of entering into this legally binding agreement. In addition, you warrant that in the event you are acting on behalf of an organisation or other type of entity, you have the authority to do so and a reference to you in these instances is a reference to you and the relevant organisation or entity. An obligation of two or more persons binds them on a joint and several basis.
Variation of Terms
In this Agreement:
- Content means all content posted by You onto Bookmarc including, without limitation, all text, graphics, icons, photographs and URLs.
- Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.
- Business Listing means a business listing in the Database. A Business Listing may contain information about the listed business, for example, contact details.
- Database means the national database of Business Listings which is collected by Bookmarc and made accessible to the public via the online business directory on Bookmarc.
Other than content posted by users to this website, the content provided by us on this website (Bookmarc Content) is owned or controlled by us and is protected by copyright laws in Australia and overseas.
- You may only use the Bookmarc Content for your own personal purposes, and may not otherwise use, copy, reproduce, modify, publish or transmit the Bookmarc Content without our prior written consent.
- We use reasonable endeavours to ensure that the information we include on this website is accurate and up-to-date. We do not, however, guarantee the accuracy, currency or completeness of the information provided and we accept no responsibility for errors in the content at any time. We do not guarantee that use of our website will be uninterrupted or error-free, or that materials accessible on or through the website will be free from errors, viruses, worms or other harmful codes.
- To the extent permitted by law, all liability is excluded for any loss (including indirect loss), damages or injury resulting from your access to (or inability to access) or use of this website, or as a consequence of any content or information obtained from or through this website. For the avoidance of doubt and to the extent permitted by law, we do not provide any warranties in relation to any content (including images and information) which is uploaded by you and any third party to this website.
- This website includes trademarks which are protected by law. You may not use our trademarks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.
- You may link to this website provided you do so in a way that accurately indicates that the link is to a Bookmarc Pty Limited website and is not misleading.
- All amounts owing to Bookmarc must be paid within 14 days of the date of invoice.
- You are obliged to pay for the services that Bookmarc agrees to provide you with regardless of whether you utilise or fully utilise those services. If you do not provide Bookmarc with the necessary materials or information for Bookmarc to deliver these services to you, you are still liable to Bookmarc for full payment.
- You acknowledge and agree to the extent that a third party has tagged your product to a particular image and you have accepted that tagging, a fee will be payable by you.
- You agree that you will pay this fee, which includes taxes, commissions and administration charges, by credit card.
- In the case of disputes, where you believe you have incorrectly been tagged, paid for a tag in error or another unknown reasons you can lodge your claim to firstname.lastname@example.org. Full refunds of paid tags may take up to 30 days processing and you will be notified by electronic remittance when payment has been made.
- Bookmarc may charge you interest on late payments at its applicable bank interest rate plus any costs we incur as a result of collecting your payment.
- If you do not pay your account on time, Bookmarc may disable your account without notice and refuse to supply further services to you. If your payment declines or you cannot pay your account, you must notify Bookmarc immediately to email@example.com.
- You agree that pursuant to the Privacy Act 1988 (Cth), Bookmarc may obtain from either a credit reporting agency or other credit providers personal credit information about you and/or your directors or a consumer credit report about you for the purpose of collecting overdue payments relating to commercial credit owed by you.
- Bookmarc may disclose this information to a credit reporting agency or any other interested person.
Intellectual Property Rights
Bookmarc retains all intellectual property rights subsisting in any of the goods and services provided to you by Bookmarc. You must not do anything which breaches or otherwise interferes with Bookmarc’s intellectual property rights.
Except as expressly permitted by this Agreement or by law, you may not reproduce any content appearing on Bookmarc without our written permission and, if required, payment of a specified fee. Requests to reproduce any content may be made via the website feedback form.
By uploading any content to the website with the exception of content in the form of photography, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferrable licence (including a right to sub-license)
Bookmarc acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the content, and that no ownership of such copyrights is transferred to Bookmarc under these terms. Further, with respect to content in the form of photos, Bookmarc will not license or sub-license to third parties photographic content or collections of photo content submitted by you, except in such cases for Bookmarc business marketing purposes, to which the licensor will be notified prior.
By posting any content on Bookmarc you represent and warrant to us that you own or have the right to use and permit us to use and license such content in the manner stated in this Terms of Service. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any individual, you need to first obtain permission or a release from such person appearing in the photograph to use their image and permit us to use and license it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement.
If you post or otherwise provide a photograph of artwork, pictorials, graphics, sculptures or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement.
Except as otherwise indicated, we do not endorse, sponsor, or approve any business listed on Bookmarc, and Third Party content of the products or services offered by any business listed on Bookmarc.
You are responsible for ensuring that you do not provide your login details to any third party and allow any third party to use your account but acknowledge that to the extent you do so, you are responsible for that party’s use of your account as if it were your act or omission.
You may use the website in a number of ways including the following:
- view content (including images and information) which has been uploaded by a third party (i.e. not by Bookmarc);
- upload content (including images and information) so that it may be viewed by a third party;
- tag products contained within a particular image; and
- interact with other users of the website.
Bookmarc takes the accuracy of its Database very seriously. If you see any material on Bookmarc which:
- infringes any law, regulation, standard or relevant industry code;
- breaches the requirements of this Agreement; or
- is incorrect,
You must inform us as soon as possible, through the website feedback form or email to firstname.lastname@example.org.
- You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Site for establishing, maintaining, advancing or reproducing information contained on our Site on another website or in any other publication, without Bookmarc’s prior written approval.
- You may not use the Site to post any pyramid scheme on the Site.
- You may not use any feature of the Site to send unsolicited commercial emails to Businesses, whether individually or as a group.
- Bookmarc reserves the right to terminate your agreement should you post any content or listing that may be in breach of any of these Terms. Further, Bookmarc reserves the right to, in its absolute discretion, to reject or remove any Advertisement, Content and Business Listing from the Site for any reason.
- Termination of this agreement will not end those provisions that are capable of surviving the ending of this agreement.
- You agree to enter into a 12 month subscription with Bookmarc from date of agreeing to upgrade your account to a Bookmarc Pro. This agreement is binding, and should you decide to cancel the subscription, any remaining period will be invoiced or charged in full.
- Bookmarc will automatically renew your account 14 days prior to the end of your subscription. This renewal will extend to a further 12 month subscription. You must expressly inform Bookmarc by written communication within 14 working days prior to the renewal of your intention to not renew.
- Bookmarc Project Showcase services are month to month and can be cancelled at any time, with billing payable until the end of the monthly cycle, in which was first subscribed.
You may use Bookmarc to add, amend and/or update a Business Listing, solely on the terms and conditions of this Agreement and all Content must be complete and accurate, be supplied in the manner and format specified on Bookmarc or as otherwise directed by Bookmarc, not to be of a nature likely to bring Bookmarc into disrepute; and comply with all laws, regulations, standard and relevant industry codes.
You must not use Bookmarc to add or amend a Business Listing where You do not have the express authorization of that business to do so, upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Accessible Content, infringe the intellectual property rights of others; or breach a law including, without limitation, any law that restricts advertising of a profession.
If any of the information in the Business Listing for Your business changes, becomes out of date, or no longer complies with this Agreement,
- immediately amend Your Business Listing so that it complies with this Agreement; and/or
- Immediately notify Bookmarc.
You acknowledge and agree that by posting Content onto Bookmarc You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from Bookmarc or any Bookmarc authorised third party.
Quality of images
You acknowledge and agree that the quality of any image you post will meet the minimum resolution as required and notified to you by us.
In relation to tagging products that are contained within a particular image on the website, you may tag the product:
- to a particular third party supplier; or
- to you as the supplier.
To the extent that you tag to a third party supplier, design professional or photographer, you acknowledge and agree that the relevant third party will be sent a notification, advising them of the tag. That third party, has the option to raise a dispute, if they believe that they have been tagged in error or that the tag itself is incorrect.
All disputes will be reviewed and any agreed tagged errors, will be remove publicly from the site.
Changes to the Site
Bookmarc reserves the right at all times without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from Bookmarc or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.
You agree not to upload any content that is unlawful, threatening, harmful, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind.
You also agree not to copy, reproduce, alter, modify or create any derivative works of any content (other than content you have uploaded to the website) unless you obtain prior written consent from the relevant owner of the intellectual property rights in that content.
In addition, you agree that during or through your use of the website you will not disseminate any virus, malware or other malicious code designed to harm, disable, change or disable the website, any other user’s use of the website or any other system, software or platform.
You represent and warrant that, in relation to your use of the website:
- you will comply with all applicable laws;
- you have not breached any arrangement you have with a third party;
- you have obtained all requisite consents to upload the content including in relation to any intellectual property rights featured in any image, information or other material you upload to the website (including obtaining consents from the relevant copyright owner such that his or her moral rights do not need to be observed in relation to that content uploaded to the website);
- You are fully authorised to publish and to authorise Bookmarc to publish all Content (including, without limitation, having full authorisation from any business whose Business Listing You add, amend or update);
- all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised; and
- any content you upload onto the website will not infringe the rights of any third party (including any company or entity that you represent) including any intellectual property rights (including moral rights).
Limitation of Liability and Disclaimer
Bookmarc provides no warranty to you that services generally available through the Site will be uninterrupted or error-free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents and contractors will not be liable in any way to you or anyone else for any loss or damage, however it arises (whether in contract, tort including negligence, or otherwise) out of or in connection with your access and use of the Site.
In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.
Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information, even if we are informed of their possibility.
Bookmarc accepts no responsibility or liability for any errors in your Business Listings and you must check your Business Listings for errors as soon as they are placed on the Site. Where and if any, advertisements are displayed, Bookmarc agrees to use reasonable efforts to publish advertisements in the shortest possible time.
Bookmarc cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Bookmarc acts as a medium through which organisations advertise their products and services in a technical manner
You agree to indemnify us, our officers, employees and agents from and against any claim, action, demand, loss, fine or payment which any of those indemnified pays, suffers, incurs or is liable for as a result of your use of the website including in relation to any image that you upload to the website.
Third party sites
This website may contain links or references to third-party sites. We are not responsible or liable for the content of those sites and your access to and use of those sites is at your own risk. Any links are provided for convenience only and do not indicate any endorsement or recommendation by us.
Misuse of website
You agree to only use this website in accordance with its terms and applicable laws. You may be held personally liable for any unlawful use of this website.
If you think any content on this website is inappropriate or unlawful or infringes your rights, please contact us at email@example.com and provide the following details:
- a description of the content that you believe is inappropriate, unlawful or infringes your rights;
- your contact details including your name, telephone number and email address; and
- if you are asserting that the content infringes your intellectual property rights then a statement and warranty that:
- you are the owner of the intellectual property rights; or
- you are authorised to act on behalf of the intellectual property owner.
The terms of this website will be governed by and construed in accordance with the laws in force in New South Wales, Australia, and you unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.
Last updated: 11th April 2018