DigitalMediaSearch Terms & conditions

DigitalMediaSearch (86 633 556 680, referred to as Limelightr) provides a marketplace and introductory service from its website at www.digitalmediasearch.com (Site) between Digital Media Marketing Service Providers and Companies (Client) who wish to connect with each other for the purpose of offering services including but not limited to, digital media services. The Site will also offer additional functionality, access to which will require payment of a subscription by users, and payment transactions between providers and companies, details of which will be set out from time to time on the Site.

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Contract

a) These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Limelightr, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Site (referred to as a User). By using the Site each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Limelightr using the contact details at the end of these Terms

b) The User’s use of the Site indicates that:

  1. the User has had sufficient opportunity to access these Terms;
  2. the User has read, accepted and will comply with these Terms;
  3. the User has legal capacity to enter into a contract; and
  4. the User is 18 years or older or if younger than 18 years, the User has the approval of its parent or guardian.
  5. If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use the Site.

c) These Terms may be amended from time to time, without prior notice. Use of the Site following any such amendments will be deemed to be confirmation that the User accepts those amendments. Limelightr recommends that each User check the current Terms, before continuing use of the Site. (d) These Terms supplement:

  1. the Limelightr company policies, including without limitation the Privacy Policy posted on the Site;
  2. the Stripe and/or PayPal Terms of Service including, without limitation, the Stripe and/or PayPal user agreement; and
  3. any other terms of service and/or user agreements of any other merchant facility that we may mention on the Site from time to time.

Service

a) Introduction to Digital Media Marketing Providers / Quoting Service

(i) The Site provides a marketplace and an initial online introductory platform for Companies & Digital media marketing service providers which are identified as “Users” through which each User will be able to 1.) Sign up and 2.) create a profile on the Site as per information requested on the site (User Profile). (ii) Companies (Client) looking for Digital Media Service providers can submit briefs via their personal dashboard which are identified as the scope of work they are looking to receive from another user. After receiving proposals from Digital Media Providers that match their submitted brief, Companies will be able to message and contact the Provider via the messaging on the platform. (iii) Digital Media Service Providers (Users) can view the company brief and submit proposals to the Company for review and contact can be made via the in-platform messaging service on the Site. (iv) Limelightr is not a party to any agreement entered into between Users. Limelightr is not a referrer or booking agent, and provides no such related services. Limelightr has no control over the conduct of Users of the Site, the Services or the Subscription Services. Limelightr disclaims all liability in this regard, as set out in these Terms. (v) Any arrangement between Users is solely between the Users. It is strictly and expressly not part of the User’s agreement with Limelightr. (vi) Submitting a quote does not form a Provider/Client relationship and is not protected by legal client privilege. Notwithstanding the same, Limelightr takes every reasonable effort to ensure the privacy of briefs and other personal messages on our website, however Limelightr cannot guarantee confidentiality. (vii) Upon submission of a quote request, the Client may receive up to fixed-price proposals from the Digital Media Marketing Service Providers (the proposal). (viii) The Digital Media Marketing Service Providers are provided with your contact details including your name, email and phone number in order to make contact and scope the brief. You agree that by submitting a brief request, you consent to these service providers contacting you. You may receive a call from each individual Digital Media Marketing Service Provider in Australia that has been given the opportunity to submit a proposal. (ix) The independent quoting Service Provider will specify the scope of work, fee (the “Fee for Service”) and the name of the provider in the proposal. The Fee for Service comprises of professional fees, disbursements, and the platform service fee retained by Limelightr which is payable by the Service Provider. (x) The Client should not rely on any information contained in a quote and in no way should it be seen as a final price until the Digital Media Service Provider has submitted the final pricing based on the scope review and it has been accepted by the Client.

b) Acceptance of the Proposal

(i) By making the payment, the Client is taken to have accepted the proposal. (ii) When a Client submits a proposal request, the Client has made an offer to tender and the Digital Media Marketing Service Provider may receive an email and a text about the quote request instantaneously, where the Service Provider has provided an Australian mobile telephone number and/or email address. (iii) The Service Provider may make an offer within twenty-four (24) hours from receipt of the proposal request. However, the Service Provider acknowledges that the submission process may close after the first 5 Service Providers have submitted their proposals. In making an offer, the Digital Media Service Provider is required to: (i) provide his/her personal and/or company details (such as email address and the name of the provider); (ii) specify the professional fees (excluding GST) and any government or non-government disbursements fees; (iii) specify the scope of work; describe in detail what is included in the scope of work; and specify what types of work are included in the scope (such as phone advice, letter of advice, review, drafting, negotiation, face-to-face meeting or other);

c) Engagement

(i) A client / service provider relationship is established once initial contact has been made between the Client and service provider, and where the Service Provider is required to provide a costs disclosure and/or costs agreement, then the engagement only takes place after the costs agreement has been accepted by the Client pursuant to the terms and conditions of the costs agreement and disclosure agreement. Limelightr is not a party to the client/lawyer relationship (ii) The scope of the job is strictly limited to the matter agreed upon in the quote unless the Client and the Legal Professional have agreed on a new engagement.


Online Registration

(a) A User must register on the Site and create an account (Account) to access some services and features on the Site, including creating a submitting briefs or proposals and additionally contacting other users (b) Each User may only have one (1) Account on the Site. (c) Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password unless account creation is completed through the use of a third-party social account login (d) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Limelightr reserves the right to suspend or terminate any User’s Account and his/her access to the Site and if any information provided to Limelightr proves to be inaccurate, not current or incomplete. (e) To keep information secure and confidential, Limelightr uses an SSL certificate with a 256 bit encryption to secure the connection between the Limelightr server and your web browser. Users will be requested by Limelightr to change their passwords at regular intervals. Further information on the storage and security of your personal information can be found in our Privacy Policy. (f) It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions. (g) The User will immediately notify Limelightr of any unauthorised use of its Account.


Users and User Profiles

a) Users who have created an Account are permitted to create Profiles. The User’s Profile for its use of the Site is created from the personal information it provides to Limelightr.

b) Each User acknowledges and agrees that it is responsible for its own Profile.

c) Each User warrants that they have never been charged with or convicted of any offences related to sexual assault.

d) Users can access the Site to communicate with other Users and obtain or provide Services and Subscription Services.

e) If a User contacts another User, any agreement entered into is between the Users. Limelightr is not a party to the agreement.

f) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Limelightr reserves the right to suspend or terminate any User’s Account and his/her access to the Site and if any information provided to Limelightr proves to be inaccurate, not current or incomplete.

g) Each User should report to Limelightr, any activities or requests of Users which are, or which the User reasonably believes to be:

f) It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.

g) The User will immediately notify Limelightr of any unauthorised use of its Account.

  1. suspicious;
  2. unusual;
  3. illegal; or
  4. likely to have a negative effect on the reputation of Limelightr, the Site, and/or a User.

h) Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.

i) Each User represents and warrants that any content that it provides and Profile that it posts:

  1. will not breach any agreements it has entered into with any third parties;
  2. will be in compliance with all applicable laws, and rules and regulations that may apply to any User in its local area and country; and
  3. will not conflict with the rights of third parties.

j) For the avoidance of doubt, Limelightr assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations.

k) Limelightr reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile for any reason, including Accounts and/or Profiles that Limelightr, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.


Ratings and Reviews

a) Users may be able to rate a Profile (Rating), which determines the popularity of individual Profiles. Users may also be able to provide feedback regarding other Users, the Site, Services or Subscription Services (Review).

b) Ratings and Reviews of a User can be viewed by any User. Ratings and Reviews will remain viewable until the relevant User’s Account and Profile until the Account and/or Profile is removed or terminated.

c) Users must provide true, fair and accurate information in their Review.

d) If, in Limelightr’s reasonable assessment, a Review is untrue, unfair, inaccurate, offensive or inappropriate, Limelightr may delete the Review or ban the User from posting the Review. Limelightr does not undertake to review each Review made by Users.

e) To the fullest extent permitted by law, Limelightr is not the publisher and is not responsible for the content of any Reviews.


Social Media Platforms

a) The Site has use of social media platforms information which is approved by the User, on which Members are able to communicate and search for other Users via a directory (Platform).

b) Limelightr asks Users to limit their discussions to topics which are relevant to digitalmediasearch.com Site, the Services and the Subscription Services.

c) Limelightr reserves the right to remove any posts by Users which Limelightr, at its sole discretion, deems to be inappropriate.

d) Users acknowledge and agree that they are not permitted to post posts which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults, personal attacks or infringe others copyright or intellectual property.

e) Users acknowledge that posts may be viewable by other Users.


Subscription Services and Payments

a) Users may be required to pay Fees for any Subscription Services.

b) If a User purchases Subscription Services they must subscribe for the term and pay the fees as set out on our Site (Fees).

c) Fees for Influencer, Entrepreneurs and Investors may be different.

d) Each User agrees to pay the relevant Fees, in the currency specified on the Site at the time that it seeks the Subscription Services.

e) Goods and services tax (GST) will be charged where applicable.

f) The User may pay for the Subscription Services by PayPal, Stripe, credit card or such other merchant facility specified on the Site. The payment will be processed upon receipt of the request for a Subscription Service. The User must not pay, or attempt to pay, for the Subscription Services through any fraudulent or unlawful means. If a User’s payment is not able to be successfully processed then the request for the Subscription Service will be cancelled.

g) In the absence of fraud or mistake, all payments made are final and the User shall not have the right to cancel its purchase for any reason and further each User agrees to satisfy all such payments made.

h) If the User makes a payment by debit or credit card, the User warrants that the information provided to Limelightr is true, accurate and complete, that the User is authorised to use the debit or credit card to make the payment, that the payment will be honoured by the card issuer, and that the User will maintain sufficient funds in the account to cover the purchase price.

i) Nothing prevents Limelightr from taking any action necessary to recover any unpaid fees. If the User fails to pay, the User’s information will be passed on for collection and or legal action. The User acknowledges and agrees that it is liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If the User at any time exceeds Limelightr’s payment terms and as a result are passed on for collection and or legal action, Limelightr may place a default against the User with a credit reporting agency.

j) Limelightr’s pricing structure or payment methods may be amended from time to time at its sole discretion.

k) You acknowledge and agree that the Client will be solely liable for payment of the applicable works completed and charges associated with these works. The platform merely facilitates the introduction and agreement process. You agree that you will not pursue any actions, legal or otherwise, against Limelightr for any non-payment and that this provision constitutes a bar to any such proceedings. (l) All financial transactions are to be completed off platform between the Client & the Service Provider using 3rd party invoicing and payment platforms. However, Limelightr reserves the right, through development of their technology to bring this functionality into the platform where at such time all transactions may be facilitated by the platform. At such time, applicable platform & referral fees will be payable by the Service Provider in conjunction with all “Referred” Clients, pre and post the implementation of the technology. (m) All Clients that submit briefs on the platform are also classified as “Referred” Clients to the Service provider and with this carry this designation for the lifetime of the relationship between the Client and the Service Provider. Unless, specifically written, documented and/ or agreed to by a Director of Limelightr, referral fees will be five (5) percent of any invoice charged to the Client by the Service Provider. (n) All Referral fees payable by the Service provider to Limelightr must be paid within 14 days of receipt of payment made by the Client. If not paid, the Service Provider agrees to be held liable for any amount owed to Limelightr. (o) Limelightr reserve the right to amend at any time the referral fees with a minimum of 30 days’ notice to Service Providers. Any proposals that have been accepted prior to this date of notice will remain at five (5) percent unless agreed elsewhere. (p) As soon as a user submits a brief using the platform, they are to be classified as a Client on the platform. Regardless if said client has approached a Service Provider that is listed on the platform prior to submitting a brief, for the purpose of any future relationship all of the terms and conditions will apply. Additionally, In the case that the Service Provider either: i.) Does not pay the agreed to / or relevant referral fees associated with these terms and conditions within the warranted period ii.) Colludes with the Client with intent to avoid payment of the relevant platform or referral fees due to Limelightr iii.) Acts with ill intent to deceive Limelightr and its directors Service Providers agree that they will be held liable for any payment owed to Limelightr and at the discretion of Limelightr and its Directors, the Digital Media Service Provider may be suspended or terminated from using the platform.


Offers and Promotions

a) Limelightr may, from time to time, make offers or promotions which may be applicable to the Services.

b) The conditions of such offers or promotions will be specified on the Site.

c) The User acknowledges and agrees that Limelightr may, at its sole discretion, remove or extend any offers or promotions, and Limelightr will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.


Dispute Resolution

a) By using the Site, each User agrees that any legal redress that they may seek for acts or omissions of Influencers, Entrepreneurs and Investors or other third parties, will be limited to claims against the Influencers, Entrepreneurs and Investors or other third parties who caused them harm, and they will have no claim against Limelightr. Limelightr encourages Users to communicate directly with the relevant Influencers, Entrepreneurs and Investors or third party to resolve any disputes.

b) Limelightr welcomes feedback from its Users. Limelightr will take all reasonable steps to resolve legitimate User concerns quickly and effectively.

c) If there are any complaints from a User, Limelightr will aim to respond and provide a suitable solution within 30 days. If a User is not satisfied with Limelightr’s response, the User and Limelightr agree to the following dispute resolution procedure:

  1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Limelightr agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
  2. If a resolution cannot be agreed upon at the Initial Meeting, either the User or Limelightr may refer the matter to a mediator. If the User and Limelightr cannot agree on who the mediator should be, the complainant will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.

d) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, whether in law or equity.


Cancellation of Registration

a) Users can deactivate their Account at any time via the Site which will have the effect of cancelling their registration.

b) The User will not be entitled to a refund in the event of cancellation of their registration and agree that any Clients still being served that were referred through the use of the platform, will pay the relevant fees associate.


Consumer Guarantees

a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.

b) If the User is a consumer as defined in the ACL, the following notice applies to the User from Limelightr: “We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.”


Intellectual Property

a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Limelightr (or its affiliates and/or third party licensors as applicable).

b) The User agrees that, as between the User and Limelightr, Limelightr owns or holds the relevant licence to all Intellectual Property rights in the Site and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property and Site are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Limelightr or the owner of the content.

c) Some Intellectual Property used in connection with the Site are the trademarks of their respective owners (collectively Third Party Marks).

d) Limelightr’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Limelightr or the applicable trademark holder or Intellectual Property owner.

e) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Limelightr or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.


User License

a) Subject to these Terms, Limelightr grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Subscription Services for its own personal and/or internal business use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Subscription Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Limelightr’s prior written consent.

b) The right to use the Site and Subscription Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Subscription Services other than to use it in accordance with these Terms.

c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Subscription Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.


Permitted and Prohibited Conduct

a) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Subscription Services. In connection with the User’s use of the Site and Subscription Services, the User may not and agrees that it will not:

  1. use the Site or Subscription Services for any purposes that are not expressly permitted by these Terms;
  2. register for more than one Account or register for an Account on behalf of another individual and/or entity, unless you are an authorised agent of the individual and/or entity;
  3. misrepresent its current or previous position and/or qualification or misrepresent its affiliation with a person or entity, whether past or present;
  4. post any Review or upload any content (including but not limited to User Content as defined in clause 16 of these terms) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User or Profile;
  5. submit any false or misleading information;
  6. offer any services or products that it does not intend to honour or cannot provide;
  7. make any offers to another User that it does not intend to honour;
  8. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
  9. copy, store or otherwise access any information contained on the Site and Subscription Services or content for purposes not expressly permitted by these Terms;
  10. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  11. use the Site or Subscription Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  12. use the Site or Subscription Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
  13. stalk or harass any other user of the Site or Subscription Services or collect or store any personally identifiable information about any other User other than for purposes of transacting as a User on the Site;
  14. use, display, mirror or frame the Site or any individual element within the Site, Limelightr’s name, any Limelightr trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Limelightr’s express written consent; or (xv) advocate, encourage, or assist any third party in doing any of the foregoing.

User Content Rules

a) The Site, Subscription Services, and Intellectual Property are protected by copyright, trade mark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Subscription Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Limelightr and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Subscription Services, or Intellectual Property.

b) The User must not post, upload, publish, submit or transmit any content that:

  1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  2. is fraudulent, false, misleading or deceptive;
  3. denigrates Limelightr, the Site, the Subscription Services, or a User;
  4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
  7. promotes illegal or harmful activities or substances.

User Content License to Us

a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any User’s Intellectual Property on or through the Site and Subscription Services, the User grants to Limelightr a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and User Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and User Intellectual Property on, through, or by means of the Site and Subscription Services.

b) The User agrees that it is solely responsible for all User Content and User Intellectual Property that it makes available through the Site and Subscription Services. The User represents and warrants that:

  1. it is either the sole and exclusive owner of all User Content and User Intellectual Property that it makes available through the Site and Subscription Services, or that it has all rights, licences, consents and releases that are necessary to grant to Limelightr the rights in such User Content or User Intellectual Property, as contemplated under these Terms; and
  2. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Limelightr’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Subscription Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

c) Limelightr may at its sole discretion remove any User Content that is offensive or in breach of these Terms.


Disclaimers

(a) Limelightr does not guarantee that Service Providers will offer Services to Clients, nor does Limelightr guarantee that Clients will be able to find Service Providers to receive services from. (b) Limelightr does not endorse any User, Account, Profile or Service. Limelightr requires Users to confirm that they have provided accurate information. Limelightr does not perform any sort of background checks of Users, and does not confirm any User’s identity, ability, qualities, qualifications, Account, Profile or the Services they offer. (c) Limelightr cannot and does not control the content contained in any Accounts or Profiles or the condition, legality or suitability of any Services. Users are responsible for determining the identity and suitability of other Users that they contact via the Site. (d) Limelightr accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Limelightr disclaims any and all liability related to any and all Users, Accounts, Profiles, and Services. (e) Limelightr recommends all Users check the background, references and identity of other Users prior to the accepting provision of Services or information from them. (f) To the fullest extent allowable under applicable law, Limelightr disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Subscription Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors. (g) For the avoidance of doubt, Limelightr is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Limelightr advises that all Users using the Site and Subscription Services should seek advice in relation to these matters. (h) Each User who uses the Site and the Subscription Services does so at their own risk. (i) Subject to clause 11, Limelightr excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to: (i) Limelightr expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms; (ii) Limelightr does not warrant that the Site or the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Subscription Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components; (iii) Limelightr takes no responsibility for, and will not be liable for, the Site, the Subscription Services, Users or Services being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the User’s needs, or being of less than acceptable quality; and (iv) Limelightr will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Subscription Services, content and User Content on the Site, inability to access or use the Site, the Subscription Services, any Profile or the Terms, even if Limelightr was expressly advised of the likelihood of such loss or damage. (j) The User agrees not to attempt to impose liability on, or seek any legal remedy from Limelightr with respect to the abovementioned matters.


Limitation of Liability

a) Subject to clause 11, Limelightr’s total liability arising out of or in connection with the Site and the Subscription Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Limelightr in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between Limelightr and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.

c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed in its essential purpose. The limitations of liability provided in these terms inure to the benefit of Limelightr.


Indemnity

a) Each User agrees to defend and indemnify and hold Limelightr (and Limelightr’s related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Site and the Subscription Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

b) Limelightr reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Subscription Services.


General

a) Accuracy: While Limelightr will endeavour to keep the information up to date and correct, Limelightr makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Limelightr expressly excludes any liability for such to the fullest extent permissible by law.

b) Security: Limelightr has a secure business system with a SSL certificate with a 256 bit encryption to protect all User transactions and to ensure maximum security. Limelightr also uses individually ‘salted’ passwords and encrypts all financial information. All credit card payments are processed by a secured third party processor.

c) Termination: Limelightr reserves the right to refuse supply of the Site and the Subscription Services required by any User, suspend or terminate any User’s Account or Profile, suspend or terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If Limelightr decides to suspend or terminate a User’s Account or Profile any of the following may occur, with or without notice to the User: (a) the User’s Account/Profile will be deactivated, its password will be disabled and it will not be able to access the Site, Subscription Services, its Account/Profile or its User Content; (b) any pending or future dealing (in respect of a User) will be immediately terminated; (c) Limelightr may communicate to the relevant User that the dealing has been cancelled; (d) Limelightr may or may not refund the User in full or in part, regardless of the current cancellation and refund policy; and (e) the User will not be entitled to any compensation for any dealings or transactions that were cancelled, terminated or otherwise interrupted or failed to eventuate as a result of a suspension, deactivation or termination of their Account by Limelightr.

d) Illegal Activities: Each User acknowledges and agrees that, in the event Limelightr reasonably suspects that there are fraudulent or other illegal activities occurring within the Site and Subscription Services, Limelightr reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.

e) Force Majeure: Limelightr will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

f) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

g) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Limelightr of any of the Terms shall be effective unless Limelightr expressly states that it is a waiver and Limelightr communicates it to the User in writing.

h) Assignment: Limelightr may, but a User must not assign any rights and obligations under the Terms whether in whole or in part without Limelightr’s prior written consent.

i) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

j) Jurisdiction and Applicable Law: These Terms, use of this Site, the Subscription Services and any dispute arising out of any User’s use of the Site or Subscription Services is subject to the laws of Queensland, Australia, and subject to the exclusive jurisdiction of the Queensland courts. The Site may be accessed throughout Australia and overseas. Limelightr makes no representation that the content of the Site comply with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.

k) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Limelightr and each User, and supersede any prior agreement, understanding or arrangement between Limelightr and each User, whether oral or in writing.


FOR QUESTIONS AND NOTICES, PLEASE CONTACT:
Limelightr Pty Ltd (ABN 85 606 289 267)
support@limelightr.com

Last Updated:12 December 2019

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