Business Directory Terms
32 Business Directory
This entire clause 32 relates to the Business Directory Product.
32.1 Representations by us
32.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that:
- Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 32.1.2;
- You can only expect Services in accordance with the terms of this Agreement; and
- In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 32.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.
- During the term of this Agreement, the customer has the opportunity to create an entry for himself or herself, or for a third party, and publish this entry in various online business directories and online company directories on the Internet (hereinafter called "Media Presenters"). We will pass on to each Media Presenter all of the profile data saved by the user that is in the data fields that are supported for publication by the relevant Media Presenter. The specific data fields supported for publication may vary among the Media Presenters (for example, some may support publication of photos or menus, while others do not). All publication of data is subject to the content policies of the Media Presenters, and we do not guarantee that the Media Presenters will always immediately apply this data in its entirety or in the exact form provided by the user. The number and assortment of Media Presenters depend on the package selected and also can change at any time without affecting the validity and the terms of this Agreement. The Media Presenters may work with other partners that operate online services to allow broader distribution of the customer's content. These additional entries on the partner sites are a voluntary additional service on which we have no influence, and which could change or be discontinued at any time.
- If the customer creates an entry for a third party, the customer represents that they have received all necessary consents from that third party for the use and publication of their data.
- The customer must ensure that they have all necessary intellectual property rights, related rights and other permissions, consents and rights for all data and content included in their entry. The customer must ensure that all content and data included in their entry does not violate the rights of any third parties, and that all such content and data can be published by us and by the Media Presenters for the purposes of this Service. Entries that include violent, insulting, defamatory, discriminatory, racist, erotic, or political content, or content that is political or that relates to tobacco, alcohol, drugs, weapons and/or gambling may not be provided to or published by the Media Presenters and are excluded from this Service.
- A customer using this Service will need to provide information for a number of data fields including data fields for their Business Name, Categories, Address, City, State, Zip, and Phone. In the event that those data fields are not populated, we shall have the right to populate such data field(s) with relevant data, using reasonable discretion.
- In packages that include Facebook as an included publisher, we will create and administer a Facebook page for each location if the customer provides the administrative access to the account. The customer agrees to comply with (and to ensure that all data and content provided by it for inclusion on the Facebook page complies with) Facebook's "Statement of Rights and Responsibilities" (currently located at https://www.facebook.com/legal/terms) and any other applicable terms and conditions and policies of Facebook (collectively, the "Facebook Terms"), and agrees to indemnify, defend and hold harmless Dreamscape Networks FZ-LLC and its third party providers for any failure to comply with the Facebook Terms. If the customer or its data or content fails to comply with the Facebook Terms, we will have the right to immediately suspend provision of the Facebook services to such Customer until such failure is cured and/or, if directed by Facebook, to terminate such services provided to customer.
- We are not obligated to check the customer's entries for possible legal violations.
- Dreamscape Networks FZ-LLC and Media Presenters are entitled to edit the customer's entry to adapt the entry to the content structure of the Media Presenter's entries.
- The customer grants Dreamscape Networks FZ-LLC a non-exclusive, worldwide, irrevocable, fully sub-licensable license, at no charge and for an unlimited period of time, to save, duplicate, distribute, modify, display and publish the entry in connection with the Services from us; this license can be sublicensed and/or transferred for the purpose of publishing the entry.
You expressly and irrevocably agree that:
- It is your responsibility to ensure that Services are utilized to their full potential;
- It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
- You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
- We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms and our discretion, to offer you:
- An account credit; or
- A refund,
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.
- We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
- We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
- You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
- Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
- Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
- Your request for refund will be denied where:
- Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
- We believe you have breached your agreement with clause 32.1.1 in any way;
- We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
- We believe the request is fraudulent.
- We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
- You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 21.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
32.2.2 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 32.2.1 of this Agreement.
Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.
32.3 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:
- You have any outstanding invoice or account;
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination;
- You fail to comply with any provision in this agreement or those referenced in this agreement;
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights;
- We deem your use of our services may jeopardize the operation of the service, us or our suppliers; or
- We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 32.2.
If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately;
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation;
- We may immediately delete all data held prior to cancellation;
- We may perform any action without notice; and
- Any amounts paid by you in advance are forfeited upon the termination of your account.
We reserve the right to suspend or terminate your access to this Service, or take any further measures deemed necessary, at our sole discretion, at any time and without prior warning, as a means to ensure the integrity of the Service, us and the terms of this Agreement. Such suspension or termination or discretionary decision is done so without any liability to you given the following circumstances, including but not limited to;
- If you breach these terms;
- You or any person using your account, whether with consent or not, misuses the Service;
- Incorrect information given by you to us; or
- There are reasonable grounds for us to suspect any of the above.