Terms + Conditions
Terms and Conditions .
1. Mamaly owns and operates the website and content located at www.mamaly.au
2. These terms and conditions, as amended from time to time (Terms and Conditions), apply to the publication by Mamaly of any advertising material supplied for a directory listing (Directory Listing) submitted by any person or entity (Supplier, you or your) for publication on the Website and for various tablet and smartphone applications for each Website.
3. By providing appropriate payment authority, you agree to be bound by these Terms and Conditions.
4. You are entitled to a 48 hour "cooling off" period commencing on the date on which your Directory Listing is uploaded to the Website during which time you may ‘change your mind’ about advertising on the Website.
5. You must notify us in writing within this period if you no longer wish to advertise your goods or services on the Website.
6. These Terms and Conditions may change at any time after the Initial Term. We will make every effort to inform you when these Terms and Conditions are updated or change. Please read these Terms and Conditions regularly. The Terms and Conditions are located at www.Mamaly.com
Giveaways
Visit the competition website https://Mamaly.com/giveaways and complete the required details on the online entry form, in accordance with any instructions on the website. You must have an active instagram account and be following Mamaly.sa. Once a user has signed up to become a member they will automatically be entered into giveway draw prize pool for selection. The winner of the Mamaly giveaway will be published online. The draw will be conducted at the offices of Mamaly, Adelaide SA. There will be one prize for each draw. The prize will be marketed as a ‘Mamaly Giveaway’ – valued up to the maximum of $1,000. The winner will be notified by Email or Direct Social Media Messaging. The prize must be accepted as awarded. It is the responsibility of the primary Member to claim their prize once they have been notified by Mamaly. The prize will be awarded to the individual(s) named as the Member. You must be 18 years or older. You must be a resident of South Australia. Mamaly accepts no responsibility for any entries not received for any reason during the giveaway period. No responsibility will be taken for lost or misdirected entries. Mamaly is not responsible for unforeseen technical difficulties with the ordering process and does not warrant that the ordering process will be available at all times. The following persons and their immediate family members are ineligible to purchase entry for themselves or on behalf of any other person or staff of Mamaly and employees. Mamaly reserves the right to verify the validity of any member.
Supplier Payment and Terms
1. The supplier fees payable to Mamaly pursuant to these Terms and Conditions are the rates advised to you during sign up. We reserve the right to increase our fees and we will notify you of any fee increases. Advertising Fees are inclusive of GST.
2. You agree to place a Directory Listing with Mamaly on the Website for a 12 month period (Initial Term), regardless of payment terms extended. By committing to Mamaly directory advertising you commit to the full 12 months advertising fees.
3. Mamaly will provide receipt of payment via Stripe services for fees received. You must pay the first payments (subject to payment term agreed) before your listing is available online.
4. If you are eligible for a monthly payment term you will be put onto a "Perpetual" contract. After the Initial Term, your agreement with us will continue on as a month by month agreement.
5. If your account is overdue we have the right to take your ad offline until we have received all outstanding moneys.
6. If you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over you or any of your assets or if you resolve to wind up your company, then Mamaly may (in its absolute discretion):
o take proceedings against you to recover any overdue amount;
o recover from you all costs in relation to any action taken against you to recover overdue amounts, including without limitation, debt
o collection costs and legal costs on a full indemnity basis; and/or
o exercise any other rights available to Mamaly by law.
Termination
1. Mamaly may terminate your Directory Listing and remove your Directory Listing from the Website at any time during the Initial Term and for any reason. Mamaly is not obliged to provide you with reasons for terminating your Directory Listing.
2. If Mamaly terminates your Directory Listing during the Initial Term and you have paid the advertising fees upfront and are otherwise not in breach of these Terms and Conditions, Mamaly will refund you a portion of the advertising fees applicable to the unused part of the Initial Term.
3. If Mamaly terminates your Directory Listing either during or after the Initial Term, and you pay the advertising fees by direct debit, Mamaly will cancel your direct debit arrangements provided you are up to date with payment of all advertising fees. If there are any amounts owing to Mamaly at the date of termination, you authorise Mamaly to direct debit all overdue amounts from your nominated account.
4. If Mamaly removes your Directory Listing from the Website during the Initial Term pursuant to clause of these Terms and Conditions, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term.
Termination by the Supplier
1. If you cancel your Directory Listing with Mamaly during the Initial Term and you have paid the advertising fees upfront, you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term. This also relates to future annual subscriptions.
2. If you cancel your Directory Listing with Mamaly during the Initial Term, the advertising fees payable by you for the unused part of the Initial Term will become immediately due and payable. This also relates to future annual subscriptions.
3. After the expiry of the Initial Term, if you are on a "Perpetual" contract you may withdraw your Directory Listing at any time by following our cancellation process by contacting Mamaly via email written notice 30 days after the receipt of your completed form, your Mamaly Directory Listing will be removed from the Website and any payments due during this 30 day period will remain due for payment.
Acceptance of Material
1. Mamaly is under no obligation to accept a Directory Listing (or any part of a Directory Listing) for publication on the Website and is under no obligation to provide reasons for such refusal.
2. Mamaly reserves the right at any time, at its sole discretion, to; reject or cancel all or part of a Directory Listing; or remove all or part of a Directory Listing from the Website
3. In addition, Mamaly shall have the absolute right, without providing any reason, to reject any URL link embodied within the Directory Listing.
4. Images supplied to Mamaly for publication on the Website may be published on different pages within the Website, to be determined at Mamaly’s sole discretion. By submitting images to Mamaly, you agree that Mamaly may use your images anywhere within the Website or Social Media platforms.
5. If the images supplied by you are not suitable you may contact Mamaly team to action support services to supply photography, a notice of additional fees will be provided.
6. If Mamaly receives complaints from visitors to the Website in relation to a Supplier or a Directory Listing, Mamaly may without notice to the Supplier remove the relevant Supplier's Directory Listing (or the offending part) from the Website immediately and if this occurs during the Initial Term and you have paid your advertising fees upfront, you agree that you will not be entitled to a refund of any amounts paid in respect of the Directory Listing during the Initial Term.
7. Mamaly reserves the right to amend, move or reposition your Directory Listing at any time. Mamaly will use its reasonable endeavours to give you advance notice of any material changes that it makes to the Website.
8. You agree that you must pay all advertising fees even where:
o your Directory Listing (or part of it) is not published due to a breach of these Terms and Conditions by you;
o your Directory Listing (or any part of it) is not published due to your failure to provide sufficient artwork or instructions;
o the format or placement of the Directory Listing has been varied by Mamaly; or
o you believe your Directory Listing has not resulted in the number of enquiries you expected to receive as a result of the Directory Listing on the Website.
Intellectual property
1. Mamaly owns all intellectual property rights in the Website and the Directory Listing, including information, graphics, design and software, except where the Supplier has provided its own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website.
2. You must obtain the permission from the owner of any intellectual property in any third party material incorporated into a Directory Listing prior to submission of the Directory Listing.
3. You grant Mamaly a world-wide, royalty free, irrevocable licence to publish, and to sub-licence the publication of, all material submitted to Mamaly as part of the Directory Listing in any form or medium, including print, online or otherwise.
Mamaly information
1. You agree that information provided to you by Mamaly must be kept confidential and must not be published or distributed to others.
2. You confirm that your business or services has an active Australian business number (ABN).
3. You confirm that your directory title correlates to the the business you perform and is associated with the correct ABN.
4. Mamaly will not issue a refund for: change of mind, failing to explain needs, failing to register a minimum number of enquires, failing to gain reviews, momentary site failure.
5. It is at the discretion of Mamaly which partners and suppliers are selected to be a part of any promotion, giveaway, advertising.
Privacy and personal information
Suppliers must comply with their own privacy policies and with all applicable privacy laws in the collection and use of individuals' personal information collected as a result of an enquiry made to a Supplier through the Website. Warranties and liability
1. You warrant that all material submitted by you for publication on the Website will not:
2. contravene any relevant laws, including, without limitation, the Competition and Consumer Act 2010 (Cth), any state-based Fair Trading Act, the Privacy Act 1988 (Cth), or any regulations made under those Acts (including relevant industry regulations, standards of practice or codes of conduct), any equivalent legislation or any common law in Australia;
3. breach or infringe the intellectual property rights of any person;
4. be obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
5. contain a photograph or representation of a living person unless that person has consented;
6. comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
7. be misleading or deceptive or likely to mislead or deceive;
8. comprise anything which may adversely reflect on Mamaly or the Website.
9. Subject to clause 9e, Mamaly will be under no liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of:
10. goods or services supplied pursuant to these Terms and Conditions;
11. any failure or omission on the part of Mamaly to comply with its obligations under these Terms and Conditions;
12. any negligent act or omission of Mamaly;
13. the provision by the Supplier to Mamaly of incorrect contact details which results in Mamaly being unable to forward enquiries received from visitors to the Website to the relevant supplier; or
14. any web traffic pop-ups which appear on the Website.
15. Mamaly expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of profits, loss of revenue, loss of income, loss of use, loss of business opportunity, loss of production, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with the interruption of the Supplier's business, howsoever caused.
16. Mamaly makes no representation or warranty in relation to the number of visitors to the Website except for those representations made expressly in writing by Mamaly to the Supplier in relation to actual prior Website visits. Mamaly makes no warranty or representation in relation to future visitor numbers to the Website and any projections provided by Mamaly are estimates only. Mamaly does not warrant or represent that:
17. the Website will be accessible at all times,
18. the Website is free from viruses or any information (including hyperlinks) contained on the Website is accurate or suitable.
19. To the extent that any warranties or guarantees implied by law are not capable of being excluded or modified, the total liability of Mamaly is limited to one or the other of the following at the option of Mamaly:
20. if the breach relates to goods:
o the replacement of the goods supplied or the supply of equivalent goods; or
o the payment of the cost of replacing the goods or of acquiring equivalent goods;
o if the breach relates to services:
o the supplying of the services again; or
o the payment of the cost of having the services supplied again.
Indemnity 1. The Supplier releases, indemnifies and will keep indemnified Mamaly, its servants and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against Mamaly arising out of:
o a breach of these Terms and Conditions by the Supplier;
o a breach of warranty contained in clause 9a;
o any wilful, unlawful or negligent act or omission of the Supplier;
o the publication by Mamaly or any other person of any material supplied by the Supplier; and
o breach by the Supplier of any laws or legal obligations, including the Competition and Consumer Act 2010, any state-based Fair Trading legislation and any equivalent legislation in Australia.
Consumer reviews
1. Mamaly maintains a review system on the Website that allows consumers who use the Website to rate and/or review Supplier's online stores, products, goods and services and customer service.
2. The Supplier agrees that:
o Mamaly will at all times maintain editorial control over the reviews posted on the Website in respect of Supplier;
o the Supplier will not direct Mamaly to delete or amend any review about a Supplier or a Supplier's goods or services;
o the Supplier will not post its own reviews about the Supplier's own goods or services on the Website; and
o Mamaly is not responsible or liable to the Supplier or any third party for any loss or damage caused by such reviews.
General
1. These Terms and Conditions are governed by and construed in accordance with the laws of Australia and the parties irrevocably submit to the courts of or in South Australia State (including the Federal Courts) and the courts that hear appeals from those courts.
2. If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.
3. The Supplier may not transfer or assign these Terms and Conditions without the prior written consent of Mamaly, which consent may be withheld at the absolute discretion of Mamaly and if granted, may be granted on such terms and conditions as Mamaly deems fit.
4. Any notice required to be given under these Terms and Conditions must be in writing and given by email.
5. No waiver by Mamaly of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by Mamaly, its employees or agents (which but for this clause ought or might amount to a waiver of Mamaly's rights in respect of any such breach or default) does not operate as a waiver in any way of Mamaly' rights and powers in respect of such breach or default.
6. Neither party is liable for any delay or failure to perform its obligations (other than obligations to pay money) if such delay or failure is due to circumstances beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure or strike or lockout.
7. These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties.
If you have any queries regarding our services or Terms and Conditions, please contact us at [email protected] We look forward to working with you.
