Coastal Stays Australia Pty Ltd Advertiser Terms of Agreement

Coastal Stays Australia Pty Ltd (“Coastal Stays Australia”) provides accommodation promotion services on the Websites.  This agreement covers all Advertising Options offered to advertisers on any of the Websites, and all the services that are provided as part of these Advertising Options (“Agreement”). 

By listing your accommodation on any of the Websites, and by clicking on the “I AGREE” button below, you agree that Coastal Stays Australia may display your Listing on any of the Websites on the terms and subject to the conditions in this Agreement, together with the terms and conditions of the Coastal Stays Australia Website User Policy and Coastal Stays Australia Privacy Policy. 

We reserve the right to amend this Agreement at any time and we will notify you when we do so either by email or by making the new terms of Agreement available on the Websites.

Definitions

Advertising Options – means the advertising and marketing options we offer, including (but not limited to) Free Listings, Advertisements, Template Sites and Pictorial Display Adverts.
Fees – means the fees payable by you in accordance with this Agreement.
Fee Schedule – means the fee schedule set out at http://www.coastalstays.com/advertise/, as amended from time to time.
Listing – means your choice of the Advertising Options you have been invoiced for and have purchased.
Renewal Fees – means the renewal fees payable by you in accordance with this Agreement for the Listing.
We – Coastal Stays Australia Pty. Ltd. ACN: 131 810 832
Website(s) – the Coastal Stays Australia group of websites including but not limited to:

• coastalstays.com
• aireysinletstays.com
• angleseastays.com
• apollobaystays.com
• eastgippsland.com
• edenstays.com
• inverlochholiday.com
• visitlakesentrance.com
• visitlorne.com
• visitmerimbula.com
• morningtonpeninsulastays.com
• visitthegreatoceanroad.com
• phillipislandstays.com
• portcampbellstays.com
• portfairystays.com
• promcountrystays.com
• queenscliffstays.com
• southcoastnewsouthwales.com
• torquaystays.com
• visitthegreatoceanroad.com
• warrnamboolstays.com

You – The Advertiser.

Your Username and password

In order for us to provide you with access to update the content on your Advertisement, we may provide you with a username and password.

You are responsible for any modifications made to your Advertisement by person(s) logged in using your username and password. Please make every effort to keep your username and password information safe, and you must not disclose this information to any third party. You are not permitted to sell or otherwise trade your username and password to any other party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password, and if your password is comprised, you agree to promptly change it.

Your General Obligations

You agree to comply with all applicable laws, statutes and regulations in relation to content that you publish in your Listing and in relation to the services that you offer.

You acknowledge and agree that you are authorised to advertise the products and/or services contained in your Advertisement.

Your Advertisement

You are responsible for the accuracy, completeness and reliability of your business details (including, but not limited to, any accommodation, activities, attractions, and food and wine).  You understand that you are responsible for ensuring that any tariffs, special deals, or any other content that you publish on your Advertisement is correct. It is in your best interest to keep the details of your Advertisement up to date so that people wishing to contact you regarding your Advertisement can do so. 

Our booking and enquiries form is not an Online Booking service and we are not a Travel or Booking Agent or Property Management Service. The purpose of the booking and enquiries forms are for visitors to our Website to get in contact with you so that you may secure their booking.

Any information that you collect through the booking or enquiry form is governed by our Privacy Policy and therefore must not be sold, distributed, shared or published in any way. You must not “spam” the email addresses you collect through this method.

You are responsible for following up on any booking enquiries that you receive through our service. We will not be held responsible for any lost or missed emails that you receive through our booking or enquiries form. We will not be held responsible for any cancelled or lost bookings, omissions or errors, or charges incurred during a stay. We are not responsible for the failure of a booking for any reason.

When you purchase any Advertising Option, you are purchasing the right to make use of that Advertising Option for an agreed (and renewable) length of time (subject to the termination provisions in this Agreement).  Once this time has expired or if you have not paid your remittance you will no longer have access to make use of the Advertising Options, nor will your Advertisement be viewable on the Websites.

Please choose very carefully the information you publish to your Advertisement. You agree that you will not publish any material on your Advertisement that may:

• Infringe any third party’s copyright, trade mark, patent, trade secret or any other intellectual property rights. In particular, you acknowledge that you either own or have permission to use any photographs that you publish to your gallery.
• Mislead the reader.
• Offend or insult a general audience
• Be interpreted as defamatory, threatening or menacing to another person, business or organisation.
• Be in breach of confidence.
• Infringe a third party’s right to privacy. You must not publish a third party’s personal or contact information without their prior written permission.
• Be in breach of any applicable laws or regulations.
• Affect the Websites’ operation and functionality in a way that affects our W3C (World Wide Web Consortium) compliance.
• Affect the Template Site operation and functionality in a way that affects its efficiency or functional operation. If you think the template site no longer displays or functions as it should, email enquiries@coastalstays.com and we will review the situation.
• Create a liability for us or cause us to lose or place in jeopardy any or all of the services of our ISPs or other suppliers.
• Contain computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with a user’s normal internet experience. You agree that you will maintain anti-virus software on your computer that is used to access our Advertising Options to ensure that this does not occur.

By displaying or publishing any content, imagery, tariffs or any other information on the Websites, you hereby grant to Coastal Stays Australia a licence to use, modify, delete from, add to, publicly display, reproduce and distribute such content on or through the Websites, and in any of our printed marketing paraphernalia or press release for the purpose of our own promotion. This permission does not allow us to sell or otherwise distribute the content outside of Coastal Stays Australia group of websites and related print material.

If you remove your Listing, Advertisement or Template Site we will, where possible, cease to distribute any of our material which incorporates your material.

The licence you grant to us is non-exclusive (meaning that you may licence your content to anyone else in addition to Coastal Stays Australia). It is also royalty-free, sub-licensable, transferable and worldwide.

The Websites also contains content published by other advertisers.  You may not copy, modify, translate, publish, distribute or sell any content appearing on the Websites that is not owned by, or licensed to, you.

Linking to External Websites

You may link to an external website (in most cases this will be to your website) when you purchase an Advertising Option that provides for this function.  You understand that if the external website contains any content considered unsuitable or unsavoury for a general public, or other content which we reasonably consider will have an adverse effect on our reputation, we reserve the right to remove the link to the external website from your Advertisement. 

Direct Marketing

Coastal Stays Australia may use your personal contact information collected through our advertiser sign-up process to inform you of new products and services provided by Coastal Stays Australia, as well as special offers from third parties.

Coastal Stays Australia respects an advertiser’s choice not to be contacted for marketing purposes, and will remove any advertiser from marketing lists upon request. Coastal Stays Australia expends significant effort and expense in maintaining a name suppression system, and makes every reasonable effort to comply with advertiser’s requests.

Template Site

The provisions relating to the ownership of a Template Site are set out below, but in plain and simple terms – we own all right, title and interest in the “code” that drives the Websites, and you own right, title and interest in the “content” that you publish on the Websites.

We own:

• Any and all HTML, DHTML, PHP, JavaScript or other coding that is used to display the Template Site pages
• Any and all database structure and SQL queries that are used to drive the Template Site pages
• The layout, design and structure of the Template Site pages
• Any background/watermark imagery used (as these are provided as part of the overall site structure and are not unique to your Template Site)
• Any and all buttons used for the Template Site navigation
• Any photographs taken by our photographers for use on your Template Site where you have not purchased this service as a separate item
• Any text written by our copywriters for use on your Template Site where you have not purchased this service as a separate item
• Any other parts of the Template Site that is not listed in the “You Own” section below

You own:

• Any text content that you publish or provide to us to publish on your Template Site
• Any photographs supplied or purchased by you which you upload to the gallery or provide to us to upload to your gallery
• Any information you provide in relation to specials or tariffs listed on your Template Site

The service we offer (as described above) is a use of our Template Site system - it is not a “website hosting” or “website design” or “internet service provider” or “email provider” service.

You must not:

• copy the Template Site to another website hosted by you or a third party; and
• use the text content, photographs or any information that you publish or provide to us to publish on your Template Site on another website hosted by you or a third party without our prior written consent.

Modifications to our Templates/Advertisement Layout and Functionality

In order to provide you and our Website users with the best possible experience, we are quite often modifying the site content and layout. We also often update the functionality and website coding to maximise efficiency and usability, to ensure compatibility with as many browsers as possible, and to make use of new technology as it becomes available.

In doing so, from time to time you may notice that your Advertisement looks or behaves a little differently or may have additional features. We will endeavour to make only modifications that enhance or improve your Advertisement, and to not adversely affect the function or visual appearance of your Advertisement.

We reserve the right to make such modifications without first notifying you or any of our Website users. However, if you feel that a modification that we have made is inappropriate for Advertisement or affects the functionality or visual appearance of your Advertisement in an adverse way, please email enquiries@coastalstays.com with details of the problem.

No Exclusive Right to Advertise

You understand that you do not have exclusive advertising rights for the category in which your Advertisement is placed on the Websites. Your Advertisement may be placed adjacent to another advertisement or our own promotional devices. We reserve the right to place and order the Advertisements as we see fit.

Domain Names

If you purchase a domain name through or transfer your domain name to the Coastal Stays Pty Ltd domain name registry, you are merely allowing us to be the “Registrar” of your domain name.

You will still maintain ownership of your domain name and have the right to transfer to another Registrar at any time.
You will be listed as the “owner” of the domain name, however you also grant us permission to list our Webmaster (Caroline Clarke) as Administrative, Technical and Billing contact for your domain name. This is so that we can ensure that your domain name does not expire and that your ownership details are maintained. If you do not wish for us to be listed as the Administrative, Technical and Billing contacts for your domain name please let us know and we can make other arrangements.

You can check these details at any time by doing a WHOIS search, freely available on the Internet.

When you transfer and allocate Coastal Stays as the “registrar” of your domain name any website hosting or email addresses you have with that domain will become null and void. You will need to check what hosting and email requirements you have on your current domain name and forward these requirements to us prior to the transfer so that we may (where possible) offer you services that might adequately meet those requirements.

Please note: renewal notices will be sent from (and ONLY be sent from) Coastal Stays Australia. If you are unsure, please email or call us and we will confirm whether your renewal notice is legitimate.

Data Protection and Security of Your Information

You give us permission to collect and store personal information that you have provided in order for us to set up your Advertisement in our databases. We store this information for the purpose of billing and accounts and so that we can contact you if the need arises. Please refer to our Privacy Policy if you require more information about how we might collect, store and use your information.

Any information that we collect and store that is personally identifiable is protected using appropriate means.
Only Coastal Stays Australia employees with security clearance have access to any personally identifiable information that is stored in our databases, and they will only access this information in appropriate circumstances.

We will only release this information to you if you give us appropriate authorisation and after we have determined that you are, in fact, you, and not someone impersonating you.

Although we have appropriate systems in place, we and our providers cannot guarantee and will not be held responsible for any unauthorised access by third parties.

Fees and Charges

Our Fees, Renewal Fees and additional charges for the Advertising Options are displayed in the Fee Schedule on the Website. We reserve the right to amend our Fees, Renewal Fees and additional charges at any time.

Once you have selected your Listings, You must pay the Fees and any additional charges for your Listing by accepting to pay instantly through Paypal, or by selecting the option to be emailed an invoice.  If you select to pay instantly through Paypal, your Listing is subject to our prior approval, and may not be visible on the Website for up to two business days following our receipt of the Paypal payment and approval of your submission.  If you select to be invoiced, you must pay the invoice within 14 days of its receipt, and Your Listing is subject to our prior approval, and will not be visible on the Website until full payment of the Fees and any additional charges is made.

If you decide to renew your Listing, you must pay the Renewal Fees and any additional charges for your Listing by accepting to pay instantly through Paypal, or by selecting the option to be emailed an invoice.  If you select to be invoiced, you must pay the invoice within 14 days of its receipt.  We reserve the right to remove your Listing until full payment of the Renewal Fees and any additional charges is made.

All Fees, Renewal Fees and additional charges are inclusive of government GST unless stated otherwise.

If a Breach of our Terms Has Occurred

If you are in breach of this Agreement we reserve the right to promptly remove your Advertisement indefinitely or until the breach has been rectified.

If we feel that what you have done to cause such a problem or breach of terms is through negligence or ignorance or if we feel it is intentional, we reserve the right to charge you a fee to cover our time required in fixing the problem.

We reserve the right to reject, refuse or remove any Advertisement or other service, or to deny, restrict, suspend or terminate your access to any or all parts of the Websites and the Website Management Console, for any or no reason, with or without prior notice or explanation, and without liability.

If you see a Advertisement or any other content on the Websites that you feel is in breach of this Agreement, please email enquiries@coastalstays.com with details of the breach.

The Term and Termination of This Agreement

This Agreement will come into effect on the date noted on the Agreement signatory page, and will remain in effect until your Advertisement is terminated in accordance with this Agreement.

Either you or we may terminate this Agreement at any time for any reason upon at least 30 days prior written notice.  If either you or we breach the Agreement or become insolvent, termination may be effected immediately upon written notice to the other party.

Upon termination, we will remove any and all Advertisements or other advertising materials which we have provided to you. We will not offer any refund if the Agreement has been terminated by you or if we have terminated the Agreement due to an irremediable breach by you.
You and Coastal Stays Australia are independent entities, and no relationship (i.e. no partnership, agency, etc) other than is stated in this Agreement is intended or created by this Agreement.

Disclaimer

We do not and cannot guarantee to provide you with continuous, uninterrupted or secure access to Websites or to the Website Management Console. The operation, ongoing functionality, and efficiency of these services may be interfered with by factors outside of our control.

The Websites and the Website Management Console are provided for your use on an “as is” basis and we offer no warranties or guarantees with regard to any circumstances of their operation.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Websites and services contained therein and/or arising from a breach of this Agreement (including the documents incorporated by reference) and/or if any content that you publish on or through the Websites causes  violation of any law or the rights of a third party.

Limitation of Liability

In no event shall Coastal Stays Australia (and as applicable, our parent, subsidiaries, affiliates, officers, directors, agents, and employees,) be liable to you or any third party for any indirect, consequential, incidental or special damages (however arising including negligence); or for any economic losses, or any loss of goodwill or reputation, through the use of our services, even if we have been advised of the possibility of such damages. We also have no liability of any sort for the errors, acts or omissions of any other providers or suppliers that are used in conjunction with the use of our services.

Intellectual Property Rights

You may use the Websites solely for the purposes intended in this Agreement.

Without prior written consent you must not:

• copy, download, publish or distribute in any way any content of our Websites including but not limited to the text, graphics, photographs, images, links, flash animations, and sounds that are owned by us; except that you may copy, print, download or temporarily store parts for your personal information or when you make use of our website and services
• use any trade marks, logos or service marks owned by, or licensed to, Coastal Stays Australia, regardless of whether they are registered or unregistered.
• use frames or framing techniques to display any of our Website pages or any text, graphics, photographs, images, links, flash animations, or sounds from any of our websites
• use any trade marks or service marks owned by, or licensed to, Coastal Stays Australia in any hidden text or “meta tags” in PPC (pay per click) advertising campaigns or similar campaigns
• copy, modify, download (other than caching), store or sell any part of any of the Websites
• reproduce, copy or sell for any commercial purpose any of the information that is provided on or in relation to the Websites

You acknowledge and agree that by entering into this Agreement, you are not granted any Intellectual Property Rights in any way for any product or service made available for the term of the Agreement.

General

This Agreement:

• is governed by the law of Victoria.  The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them; and
• contains everything the parties have agreed in relation to the subject matter it deals with.