Please read this agreement carefully before accessing or using the information and services available through the Write My Ad website ("Site"). By accessing or using the Site, you agree to be bound by the terms and conditions below.


TERMS AND CONDITIONS

Upon activating an account with Write My Ad and your continued use of the account constitutes your binding acceptance of the terms and conditions of this website, including any changes or modifications made by Write My Ad. If at any time the terms and conditions are no longer acceptable to you, you should immediately cease use of the website.

USER AGREEMENT

Cancellation and Refund Policy

Once an ad has being generated, Write My Ad will not refund for change of mind.Once credit/s have been purchased by a customer, they are unable to be refunded, unless at the discretion of the website owner. Requests for refunds can be made in writing to info@writemyad.com.au stating the reason why credits are required to be refunded. If credits are refunded at the discretion of the website owner, the customers account may also be suspended for up to 12 months or permanently cancelled. Credits will expire within the timeframe stipulated upon purchase. Extensions cannot be granted. In certain limited circumstances a refund may be made when a credit is deducted from the users account but no ad is generated. Written requests must be emailed to info@writemyad.com.au from the registrant email address within 24hours of the error occurring. Details must be provided include the users name, address, contact phone number and email address and the time the ad was generated and the property address of the ad was being generated for.

Cancellations of account

Cancellations of accounts will only be accepted in writing from the registrant email address to info@writemyad.com.au Cancellation of accounts can take up to 7 days to process. Customers are required to agree to the Terms and Conditions, failure to do so may results in account suspensions or cancellations Write My Ad customers accept responsibility for any information and materials issued over the service and indemnify Write My Ad harmless against any liability in relation to such information and material. Write My Ad reserves the right to schedule website maintenance at any time, which may or may not affect services.

Ad Credits

Ad credits can be purchased from the Fund Account Page. Credits can be purchased online with VISA or MasterCard or by direct deposit. If paying by credit card the credits will be added to your account within 24 hours of payment being accepted and processed. If paying by direct deposit the credits will only be added to your account upon payment being received by Write My Ad, this at times can take up to 4 working days from the time it leaves your bank account.

The price of credits purchased through the Site will be the price specified in the Site at the time of your purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize Write MY Ad charge the designated credit card for the total amount of the purchase.

Use of Content

You acknowledge that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, "Content") which is protected by copyright, trademark or other proprietary rights of Write My Ad and its affiliates or other third parties.

When selecting the features of the property for the ad being generated you must not in anyway misrepresent the true features of the property. The ad generated is solely based on the features you select, you take full responsibility for reproducing, distributing and publishing any content. Estate Agents have a responsibility to ensure that information being provided about properties listed with them is not misleading or deceptive.

A number of State and Federal laws regulate the advertising of real estate by estate agents. The Trade Practices Act 1974 (Cwth) and the Estate Agents (Professional Conduct) Regulations 1997 provide remedies against estate agents where misleading or deceptive advertising has been employed. For more information please refer to the Real Estate Institute of Australia or Australian Competition and Consumer Commission

Passwords

You acknowledge and agree that the user identification provided by Write My Ad to you so that you may access and utilize the account portions of the Site (your “User Name”), and the password selected by and used by you in conjunction with your User Name are to be kept secret and confidential. You agree that you shall not disclose such User Name or password to any other party without the express written permission of Write My Ad.

You acknowledge and agree that you will be responsible for each and every access or use of the account portions of the Site that occurs in conjunction with your User Name and such passwords, and that Write My Ad is authorized to accept your User Name and password as conclusive evidence that you have accessed or utilized the user account portions of the Site.

Rules of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including in respect of any forums, chat-rooms or other exchanges (a “Forum”) accessed on or through the Site, you shall not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
  • Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
  • Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Write My Ad’s business.
You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by Write MY Ad and no communication of a third party or Content may be considered reviewed, screened or approved by Write My Ad. As explained below, Write My Ad reserves the right for any reason to remove without notice any communication, Content or other material posted to the Site.
You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorised access to any other Write My Ad member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Managing Content

Write My Ad does not and cannot review all communications or ads generated on the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Write My Ad reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made under your User Name. Write MY Ad shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion.

Write My Ad respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Write MY Ad with notice of such infringement.

Confidential Information

You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this User Agreement and the use of the Site constitutes valuable, confidential, proprietary information of Write My Ad and its licensors, and you agree that during the term of this User Agreement and thereafter you shall not, without the express written consent of Write MY Ad, use or disclose to any other person any such Confidential Information, except as specifically authorized under this User Agreement or as required by applicable law.

For the purposes of this User Agreement, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Write My Ad, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.

Indemnity

You agree to indemnify, defend and hold Write My Ad and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "Write My Ad Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any Write My Ad Party in connection with: (i) any use or alleged use of the Site under your User Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your User Name; or (iii) any breach by you of this User Agreement. Write My Ad reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Write My Ad's defense of such claim.

Term and Termination

This User Agreement is effective until terminated. You may terminate this Agreement at any time by emailing info@WriteMyAd.com or by such other means of written notice acceptable to Write My Ad which enables confirmation of your identity and your intention to terminate. Write My Ad reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the user account portions of the Site at any time for any reason without prior notice or liability. Write My Ad may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Write My Ad may also terminate or suspend your access to the Site for inactivity, which is defined as failing to access your account for an extended period of time, as reasonably determined by Write My Ad.

Termination of this User Agreement does not relieve you of your responsibilities to pay any amounts due to Write My Ad under this Agreement or your obligations to not use the Site or any Content other than in the manner permitted under this Agreement or any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement). Termination of this User Agreement shall operate without prejudice to the Write My Ad’s rights, defenses and limitations of liability provided under this User Agreement, which rights, defenses and limitations of liability shall survive termination of this User Agreement.

Upon termination of your access to the user account portions of the Site, you agree to forfeit all download credits remaining in your account.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WRITE MY AD DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

WRITE MY AD DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL WRITE MY AD OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS USER AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WRITE MY AD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, WRITE MY AD’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) AUSTRALIAN DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF WRITE MY AD OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Age and Responsibility

You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your User Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.

Applicable law

The Site is controlled, operated and administered by Write My Ad from within Victoria, Australia. The Site can be accessed from all states and territories of Australia, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Victoria, by accessing the Site, you acknowledge and agree that this Agreement will be governed under the laws of the State of Victoria and the federal laws of Australia applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia with respect to the subject matter of this Agreement.

You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the Site, or such other address as you may advise us in writing to use, from time to time.

Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in the State of Victoria, pursuant to the rules of the Arbitration Act (Victoria, Australia) in effect at the time arbitration is demanded.

If Write My Ad is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Write My Ad for its legal fees, costs and disbursements if Write My Ad is successful.

General

You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the terms of the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them.

Write My Ad’s failure to insist upon or enforce strict performance of any provision of this User Agreement shall not be construed as a waiver of any provision or right.

If any provision or part thereof of this User Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is personal to you and is not assignable by you without Write My Ad’s prior written consent. Write My Ad may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.

The parties have requested that this User Agreement and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to the Site or this User Agreement, please contact Write My Ad at info@writemyad.com.au

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS USER AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Write My Ad, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Write My Ad RELATING TO THE SUBJECT OF THIS USER AGREEMENT.