Connecting Communities Since 1965
In General

Civic Guides Pty Ltd (“Civic Guides”) (ABN 54 169 447 170) owns and operates this Website. This document governs your relationship with Civic Guides (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). BY using the Services, you are agreeing to all of the Terms of the Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (“Linked Sites”), which are not operated by Civic Guides. Civic Guides has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at civicguides.com.au/privacy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or ain any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as ‘spam’; or attempt to affect the performance of functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Civic Guides will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may affect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Civic Guides or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Civic Guides and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

You may purchase the Service if you are: a. the account holder, or an authorised representative with the appropriate level of authority on the relevant account; or
authorised to purchase the Service available through the Website.

We are entitled to rely on Your Business Details as conclusive evidence of your identity and authority to act on the account without further investigation. In addition, we are entitled to assume that all use of your Business Details on the Website is by you or your authorised representative, unless you tell us otherwise in accordance with these Terms of Use. If circumstances arise such that We believe that You are not the account holder, or a person authorised by the account holder to act on the account, We may not act upon Your enquiry, instruction or request until We receive account holder approval or verification.

Civic Guides will not be obligated to provide the Service unless:

• all of the purchase steps are completed on the Website and the relevant terms are accepted;

• any existing customer Business Details that are input on the Website match the information in the Civic Guides database, or can be:

• Verified by the account holder or authorised representative; and

• We have confirmed that your request is in accordance with the relevant service rules and that you are authorised to make that instruction or request

• An offer to purchase the Service is final and cannot be revoked by you.

• Prices displayed on the Website are subject to change.

• You agree that the Service and our supply of the Service to You, is subject to the terms and conditions as set out in the Civic Guides Contract Terms, the service rules.

• You agree that once You have purchased the Service You will automatically be partially registered for Civic Guides using the Business Details You have supplied during the purchasing process.

• After You have purchased the Service You will receive an email from Civic Guides with:

a. purchase confirmation; and

b. a print proof via email if you are a new customer or your existing distribution method, if you are an existing customer.

In order to contract with Civic Guides you must be over 18 years of age. Civic Guides retains the right to refuse any request made by you.


1. Definitions and Interpretation

1.1 In these terms and conditions a word or words in the first column of an Order has the meaning in the adjacent cell;

• Additional Fees means the total fees applicable under an Order for all Additional Services performed by Civic Guides at the request of the Client or as required.
• Additional Services means the services specified as “Additional Services” in an Order.
• Daily Display Fee means the fee specified for “Display” in Services and Fees divided by the Display Duration;
• Duration means the time period between the day after the Display Commencement Date and the end of the Display Duration;
• Civic Guides means Civic Guides Pty Ltd;

Law means:

• the laws including the common law, statute;
• Industry Standards; and
• an order of a court of competent jurisdiction;

as applicable from time to time.

Material means all the signage intended to be installed at the Site under an Order and complying with:

• the Display Specifications in an Order; and
• any other specifications as directed by Civic Guides from time to time in its reasonable discretion.

Order means each Civic Guides ‘Advertising Display Order” document;

Services means, singularly and collectively:

• the services specified in “Services and Fees’ in an Order; and
• additional Services performed by Civic Guides at the request of the Client or as required.

Sign means the Material installed at the Site Address.

Industry Standards means all relevant voluntary standards including Advertising Standards Bureau standards and rules and standards applicable to the advertising of the relevant product.

Total Fees means the total of the ‘Total Service Fees” specified in an Order and any Additional Fees (net of any applicable commissions).


2. Precondition

2.1 An order is conditional upon Civic Guides approving a Credit Application signed by the Client which approval may be denied in Civic Guide’s discretion.


3. Application

3.1 These terms and conditions apply to each and every Order signed by the Client.


4. Civic Guide’s Obligations

4.1 Civic Guides must:

• perform the Services for the Duration; and
• subject to clause 8 and 9, maintain the Sign in good condition.

4.2 To be clear, unless otherwise stated, Civic Guides is not obliged to perform any services other than the Services including procuring production of material, space extensions, embellishments or overlays.


5. Client’s Obligations

5.1 The client must:

• promptly pay the Total Fees to Civic Guides or at its direction at the times and in the amounts specified in an Order; and
• procure at its cost delivery of the Materials to the address as directed by Civic Guides no later than 4.00 PM on the Thursday immediately preceding the Display Commencement Date.

5.2 If the Client breaches clause 5.1(b), Civic Guides may, in its discretion but not unreasonably;

• delay installation of the Sign; and
• reduce the display duration of the Sign.

5.3 To be clear, the Client remains obliged to pay the Total Fees to Civic Guides under clause 5.1(a) notwithstanding that any of the following clauses apply: 5.1(b); 6.2(c); and 9.1.

Invoicing and Payments

6.1 Civic Guides must give to the Client a tax invoice within seven days of receipt by Civic Guides of each relevant payment under an Order.

6.1 Civic Guides must give to the Client a tax invoice within seven days of receipt by Civic Guides of each relevant payment under an Order.

6.2 If the Client fails to pay any amount within 30 days of the delivery of an invoice, then, without prejudice to any of Civic Guide’s other legal rights:

• the Client must also pay to Civic Guides the interest on the outstanding amount at the rate prescribed under Section 2 of the Penalty Interest Rates Act 1983 (Victoria);
• the Client loses the right to any relevant agency commission; and
• Civic Guides may suspend the performance of the Services until the outstanding invoice and interest have been paid in full.


7. Extra Services

7.1 If the client requests Civic Guides to provide any services other than the Services, including additional products or expanded area, Civic Guides may give the Client a quote for the performance of such services.

7.2 If the Client accepts part or all of any quote provided by Civic Guides under Clause 7.1, then the provisions of these terms and conditions apply to the services as if they were part of the Services.


8. Delays and Interruption

8.1 Civic Guides may delay or suspend performance of any Services in its discretion if continuation of such Service:

• would constitute a breach of the Law;
• would cause unreasonable risk or loss or damage to any person or property; and
• force majeure including weather conditions; or
• late delivery of Material; or
• denial of access to Site Address by landlord.

8.2 Subject to clause 8.3, if Civic Guides suspends performance of any Service under clause 8.1, Civic Guides is not liable for any loss or damage tot he other party due to such suspension.

8.3 If illumination of the Sign is interrupted:

• Civic Guides must give the Client a credit equal to 20% of the Daily Display Fee for each day during which illumination is suspended; and
• Neither party is entitled to claim loss or damage from the other party due to such suspension.


9. Replacement Material

9.1 If the Material becomes defaced, worn or otherwise unsightly after installation, Civic Guides may request the Client to provide replacement Material.

9.2 The Client must procure at its cost delivery to Civic Guides of replacement Material as soon as practicable after receipt of a request under clause 9.1.

9.3 To be clear, if clause 9.1 applies, the Client must pay to Civic Guides:

• the applicable Additional Fee for reinstallation of any Material; or
• if no Additional Fee for reinstallation is specified, the amount specified in an Order for Initial Installation (in addition to the Total Fees).


10. Warranty

10.1 The Client warrants that Civic Guide’s performance of the Services will not constitute or cause:

• libel, slander, defamation, product disparagement or indecent, false, misleading or deceptive conduct;
• infringement of trade mark, copyright or other intellectual property rights;
• infringement of trade mark, copyright or other intellectual property rights; • piracy, counterfeiting, plagiarism, unfair competition or idea misappropriation;
• invasion of the right of privacy; or
• a breach of the Law.

10.2 The Client warrants that the Advertiser has consented tot he display of the Material.


11. Indemnity

The Client indemnifies and holds Civic Guides harmless from and against any and all claims, demands, regulatory proceedings and/or causes of action and any loss or damage arising from a breach of any of the warranties in clause 10.


12. Approvals

12.1 The Client may give Civic Guides a reasonable visual representation of the Material not less than seven days before the Display Date.


13. Termination

13.1 Either party may terminate an Order immediately and without notice if the other party breaches these terms and conditions and such breach is not rectified within seven business days after receipt by the other party of a written notice reasonably specifying the breach.

13.2 Civic Guides may terminate an Order immediately and without notice if either the Client or Advertiser is placed in liquidation, administration or has a receiver or receiver and manager appointed to it.

13.3 Civic Guides may terminate an Order immediately and without notice if Civic Guides reasonably decides at any time that installation of the Material would or does constitute or cause:

• a breach of any of the warranties in clause 10.1;
• substantial public controversy; or
• an adverse affect on the reputation of Civic Guides or any other person.

13.4 Without prejudice to any of its other rights, if Civic Guides terminates an Order under clause 13.1 or 13.3, the Client must pay the Total Fees to Civic Guides within seven days.


14. Guarantee

14.1 The Guarantor unconditionally and irrevocably guarantees to Civic Guides:

• the prompt performance of all of the Client’s obligations under these terms and conditions including to pay monies; and
• payment of any loss or damage incurred by Civic Guides due to a breach of these terms and conditions by the Client.

14.2 Clause 14.1 remains in full force and effect notwithstanding any extension of time, indulgence or any other act by any party.


15. Confidentiality

15.1 Each party undertakes to the other party that it will treat as confidential and not disclose, duplicate, use or permit the use at any time in any way, other than for the purpose of an Order, the other party’s confidential information.

15.2 Variation

15.3 Any variation to the terms and conditions or an Order must be in writing and signed by the parties.


16. General
16.1 Subcontracting – Civic Guides may procure third parties to perform any of Civic Guide’s obligations under an Order.

16.2 Governing law and Jurisdiction – These terms and conditions are governed by and must be construed in accordance with the laws of Victoria.

16.3 Notices – Any notice or other communication to or by a party to an Order:

• may be given by personal service, post or fax; and
• must be in writing, legible and in English; and
• is deemed to have been given on the date it is served, posted or faxed (as the case may be).

16.4 Surviving Provisions – Clauses 1, 5.1(a), 5.3, 6.2, 10, 11, 14, 15 and 16 survive the end of an Order.

16.5 Special Conditions – If there is any inconsistency between these terms and conditions and the Special Conditions, the Special Conditions apply to the extent of such inconsistency.