TorahMaps Terms and Conditions of Use
Use of the Google Maps API on TorahMaps.com by StreetViewNews Pty Ltd is provided as a free service.
Businesses and commercial establishments are being charged by TorahMaps.com (StreetViewNews Pty Ltd) for the hosting of their advertising content and for appearing in the TorahMaps business directory and on other pages on the TorahMaps website only.
By agreeing to the terms and continuing with your subscription and/or payment you acknowledge that you are either a public user, a business or a commercial establishment.
You also acknowledge that any information pertaining to a/your business which appears on the google maps is at no cost to us and in accordance with the Google Maps API Terms of Use.TorahMaps.com (StreetviewNews pty ltd) Advertising Terms and Conditions These terms apply to all advertising, marketing or other website online promotion and presentation or other media provided to any person (a 'Customer') by StreetViewNews Pty Ltd ABN 62 131 623 839 or any of its subsidiaries (all of which are referred to as 'StreetViewNews').
1. Publication of advertising 1.1 StreetviewNews will, subject to availability, technical limitations and these Terms and Conditions, use its reasonable endeavours to publish advertising submitted by Customers ('advertising') in the format submitted by the Customer and in accordance with the placement instructions of the Customer if applicable. 'Advertising' includes images submitted for publication.
1.2 The Customer grants StreetviewNews a worldwide, royalty-free, non-exclusive, irrevocable license to publish, and to sub-license the publication of the Advertising in any form and in any medium. StreetviewNews may publish print Advertising online or vice versa. The Customer warrants that it has the right and authority to grant StreetviewNews the license referred to in this clause.
1.3 Neither these Terms nor any written or verbal quotation by StreetviewNews represent an offer to publish Advertising. A binding contract in relation to a request or online or offline order for Advertising will only be formed between StreetviewNews and a Customer when StreetviewNews accepts the published Advertising in writing or generates a tax invoice for that Advertising.
1.4 Notwithstanding that quoted in the above clause even if a contract has been formed in accordance with the above clause, StreetviewNews reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by StreetviewNews). In such cases a refund to the Customer will be made in accordance with these Terms and Conditions.
1.5 StreetviewNews reserves the right to vary the placement of Advertising within a particular print title or Internet site and/or to change the format of Advertising. If we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party's rights we reserve the right to amend your ad or remove it in accordance with these Terms and Conditions. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement.
1.6 StreetviewNews will endeavour to notify the Customer of any such changes. However, except in accordance with clause 12, StreetviewNews will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from StreetviewNews's failure to publish Advertising in accordance with a Customer's request.
1.7 StreetviewNews reserves the right to shrink or enlarge the size of the Advertising in order to fit the website format without notifying the Customer and without change to the rates for that Advertising.
2. Submission of Advertisements 2.1 Customer warrants to StreetviewNews that the Advertising and the publication by StreetviewNews of the Advertising does not breach or infringe the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent legislation, any copyright, trade mark, obligation of confidentiality or other personal or proprietary right, any law of defamation, obscenity or contempt of any court, tribunal or royal commission, State or Commonwealth anti-discrimination legislation, the Privacy Act (Cth), any financial services law as defined in the Corporations Act 2001(Cth), or any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory, or those laws binding Advertising laws of the country or state of the Advertisers business).
2.2 Customer warrants that in respect of Advertising that contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
2.3 Customer must not submit Advertising for publication that contains contact details for the Customer unless those contact details include the full name and street address of the Customer. Post office box and email addresses alone are insufficient.
2.4 If a Customer submits Advertising that looks, in StreetviewNews's opinion, like editorial material, StreetviewNews may publish the Advertising under the heading 'Advertising' and with a border distinguishing it from editorial.
2.5 StreetviewNews will endeavour to take reasonable care of Advertising material in its custody and control, but will not be responsible for any loss or damage to Advertising material (even if caused by StreetviewNews's negligence).
2.6 All electronically submitted material must comply with StreetviewNews's specifications. StreetviewNews may reject the Advertising material if it is not submitted in accordance with such specifications. The Customer is entirely responsible for the design and layout of their advertising such that it suits the technical requirements of StreetviewNews media and is responsible for checking any published media from time to time to ensure that their media is displayed as intended.
2.7 It is the responsibility of the Customer to arrange and manage re-directs with third party ad-servers and provide such third party with the creative and lead time requirements. StreetviewNews will not compensate the Customer where campaigns are affected or delayed in any way by third party ad-server redirect problems. StreetviewNews may, in its absolute discretion, remove any redirects from its network which are delayed in serving advertisements.
2.8 All click-through URL's must enable the browser's 'back' feature to allow users to return to our website.
2.9 StreetviewNews does not accept any responsibility for errors in advertising material that has been submitted electronically by the Customer and it is the responsibility of the Customer to suit advertising media to the specifications and technical limitations of StreetviewNews platforms whether online or offline.
2.10 Cancellation of any advertisement or campaign must be received in writing from the Customer no more than 21 days after the commencement date of any subscription order (date of invoice or registration whichever is earlier) in order to receive a 100% refund. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at the Customers request after commencement will not be entitled to a refund of the unused portion of the campaign.
2.11 For online banner and display Advertising, the Customer must cancel online Advertising in writing at least 30 days after the subscription date or date of invoice for any subscription period and submit creative materials, textual content and a click-through URL to StreetviewNews at least 3 working days (5 working days for non-jpg material) before the scheduled publication date if StreetviewNews is handling upload of material. All material and content submitted electronically is at the discretion of the customer and bound by the Terms and Conditions of this contract. StreetviewNews reserves the right to charge the Customer for online Advertising cancelled on less than 30 days notice or if creative
materials are not submitted in accordance with clause 6.1(b) or the Terms and Conditions of this agreement.
2.12 All online Advertising (including rich media) must comply with StreetviewNews's advertising specifications, which are available on request.
2.13 StreetviewNews may measure online display and banner Advertising (including impressions delivered and clicks achieved) through its own ad-serving systems. Results from Customer or third party ad-servers will not be accepted for the purposes of StreetviewNews's billing and assessment of Advertising.
2.14 Subject to clause 12, StreetviewNews is not liable for any loss, damages or liabilities arising from a failure of the internet or any telecommunications structure.
2.15 The Customer acknowledges that StreetviewNews may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
2.16 The Customer has no right to re-sell or on-sell any advertising position it purchases and acknowledges that any advertising published is directly related to its business. Any Customer found breaching this term will have their advertising removed immediately and will not be reimbursed for any expenses or payments made.
3. Advertising Categories 3.1 StreetviewNews reserves the right to publish or move Advertising under the classification heading that it determines is most appropriate. Classified Advertising headings are for the convenience of readers and are determined at the discretion of StreetviewNews.
3.2 StreetviewNews will publish display lists and Advertising sorted randomly, alphabetically and/or it's sole discretion..
4. Errors 4.1 Notwithstanding the inclusions of these Terms and Conditions the Customer must promptly check proofs of Advertising, if these are provided to the Customer by StreetviewNews and notify StreetviewNews of any errors in the proofs or any published Advertising.
4.2 StreetviewNews does not accept responsibility for any errors in Advertising placed over the telephone or entered by the Customer electronically via any StreetviewNews online platform.
4.3 If a Customer wishes to make a claim on StreetviewNews for credit, re-publication or any other remedy in respect of Advertising, the Customer must send the claim in writing to StreetviewNews no later than 25 days after the date of the tax invoice or date of publication of the Advertising (whichever is earlier).
4.4 StreetviewNews will only investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays).
5. Advertising Rates and GST 5.1 The rate for advertising will be as specified at the time of the Customers purchase or in a signed Order. If streetviewNews has quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published.
5.1 The Customer must pay for Advertising at the rates as published onine or in StreetviewNews's Ratecard, unless otherwise agreed, at the casual rate. Advertising rates may be varied at any time by StreetviewNews without notice.
5.2 If the published rates do not include GST, Customer must pay GST at the same time as it pays for the Advertising. StreetviewNews will provide the Customer with a tax invoice or adjustment note (as applicable) in a GST compliant form.
5.3 The Customer's eligibility for discounts and rebates will be based on the Customer's GST-exclusive advertising spend.
6. Credit 6.1 StreetviewNews may grant, deny or withdraw credit to a Customer at any time in its sole discretion.
6.2 The Customer must ensure that its Customer account details or number are available only to those of its employees authorised to use it. The Customer acknowledges that it will be liable for all Advertising requested with the quotation of the Customer's details or account number.
7. Payment 7.1 The Customer must pay for Advertising, by pre-payment, if so required by StreetviewNews, if Advertising on account, within 7 days after the date of the invoice and within 30 days after the date of the invoice if a commercial account has been established with StreetviewNews.
8. Failure to Pay or other Breach 8.1 If a Customer fails to pay for Advertising in accordance with clause 10 or if a Customer suffers an Insolvency Event as defined in clause 11.2, StreetviewNews may (in its discretion and without limitation) cancel any provision of credit to the Customer, require cash pre-payment for further Advertising, charge interest on all overdue amounts at the rate of 2% above the National Australia Bank Overdraft Base Rate, take proceedings against the Customer for any outstanding amounts, recover from the Customer all costs relating to any action taken by StreetviewNews to recover amounts owing for Advertising, including without limitation any mercantile agency costs and legal costs on a full indemnity basis, cease publication of any online Advertising on behalf of the Customer and terminate any agreement in relation to Advertising not yet published, disable any Customer user account on StreetviewNews and exercise any other rights at law.
8.2 A Customer suffers an 'insolvency event' if the Customer is a natural person and the Customer commits an act of bankruptcy, the Customer is a body corporate and the Customer, cannot pay its debts as and when they fall due enters an arrangement with creditors other than in the ordinary course of business, passes a resolution for administration, wind up or liquidation (other than for the purposes of re-organisation or
reconstruction), has a receiver, manager, liquidator or administrator is appointed to any of its property or assets, or has had a petition presented for the winding up of the Customer.
8.3 StreetviewNews reserves the right to withhold any discounts or rebates if the Customer fails to comply with its payment obligations.
8.4 A written statement of debt duly signed by an authorised employee of StreetviewNews shall be prima facie evidence and proof of the amount owed by the Customer to StreetviewNews.
9. Liability 9.1 To the extent permitted by law, in no event will StreetviewNews pty ltd be liable for any loss or damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if StreetviewNews pty ltd Systems, or its representatives, are advised of the possibility of such damages, losses or expenses. To the extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited at StreetviewNews pty ltd System's option to replacement or resupply of goods or services or payment for the same.
9.2 By submitting advertising material to StreetviewNews or authorising or approving the publication of advertising material by StreetviewNews on the Customers behalf, the Customer warrants that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against StreetviewNews, its directors, employees or agents.
9.3 We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us.
9.4 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of StreetviewNews or this website in connection with the Advertising an the Customer bears complete liability for any loss or damages.
9.5 StreetviewNews excludes all implied conditions and warranties from these Terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State acts) which cannot by law be excluded ('non-
excludable condition').
9.6 StreetviewNews limits its liability for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited) and/or for any other error or omission in published Advertising caused by StreetviewNews, at StreetviewNews's option, to re-supply of the Advertising affected by the breach, or payment of the cost of re-supply.
9.7 Subject to clauses 9.5 and 9.6, StreetviewNews excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with these Terms and any Advertising published by StreetviewNews, whether that liability arises in contract, tort (including by StreetviewNews's negligence) or under statute. Without limitation, StreetviewNews will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
9.8 The Customer indemnifies StreetviewNews and its officers, employees, contractors and agents (the 'indemnified') against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer's breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
10. Privacy 10.1 StreetviewNews collects a Customer's personal information to provide the Advertising to the Customer and for invoicing purposes. StreetviewNews may disclose this personal information to its related companies, to credit reporting agencies and other third parties as part of provision of the Advertising. Where a Customer has an overdue account, StreetviewNews may disclose personal information to debt collection agencies to recover the amount due.
10.2 Customers may gain access to their personal information by writing to the StreetviewNews Privacy Officer at Level 23 Tower 1, 520 Oxford St, Bondi Junction 2022. More information about privacy and accessing personal information is in StreetviewNews's privacy policy which is accessible at www.TorahMaps.com.
11. General 11.1 These Terms, together with any other written agreement between the Customer and StreetviewNews relating to these Terms, represent the entire agreement of the Customer and StreetviewNews in relation to Advertising. They cannot be varied except in writing by an authorised officer of StreetviewNews. No purchase order or other document issued by the Customer will vary these Terms.
11.2 StreetviewNews will not be liable for any delay or failure to publish Advertising caused by a factor outside StreetviewNews's reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure,
governmental or legal restraint).
11.3 StreetviewNews may serve any notice or court documents on a Customer by forwarding them by pre-paid post or facsimile to the last known address of the Customer.
11.4 These Terms are governed by the laws of the state of New South Wales, in relation to Advertising published on TorahMaps.com or any other website or publication that StreetviewNews produces. Each party submits to the non-exclusive jurisdiction of the courts of the State.)
12. Registered Office 12.1 StreetViewHQ is produced by StreetViewNews Pty Ltd.
12.2 Registered office: c/o R A Vered and Co. Chartered Accountants - 152 Ebley St, Bondi Junction 2022 NSW, Australia