Terms and Conditions
By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by CitiNiche and its related and affiliated companies, to the extent that you use those websites.
We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership with CitiNiche. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.
Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any of our Policies cannot be amended except in writing signed by you and CitiNiche.
In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
CitiNiche is a Venue and a Service Provider
CitiNiche is an online service and acts as a venue to allow members who comply with CitiNiche's policies to suggest, discuss and accept offers from our partners with the aim of helping our partners design potential property projects. CitiNiche allows invited individuals, groups and organisations ("Project Creators") to list niches and projects to new and existing CitiNiche members ("Project Supporters").
CitiNiche is not directly involved in the transaction between Project Creators and Project Supporters. As a result, CitiNiche has no control over the quality, safety, morality or legality of any aspect of the Rewards listed, the truth or accuracy of the listings, the ability of Project Creator to supply the project or the ability of Project Supporter to pay for Rewards. CitiNiche cannot ensure that a Project Supporter or a Project Creator will actually complete a transaction. Consequently, CitiNiche does not transfer legal ownership of Projects from the Project Supporter to the Project Creator.
CitiNiche cannot guarantee the true identity, age, and nationality of a member.
You agree that CitiNiche is a venue and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on CitiNiche. You use the CitiNiche service at your own risk.
Projects will be defined by our Partners and the terms & conditions of this will be updated prior to the inclusion of projects on the CitiNiche website in March 2013.
CitiNiche Collections / CitiNiche Project Sponsorship
The CitiNiche Sponsorship Advertisement (or also known as "CitiNiche Collection") service terms apply to all services provided to any person ('Customer') by CitiNiche. Customer includes organisations on whose behalf sponsorship advertisements are placed and any media company or agency that arranges the sponsorship advertisements for its clients.
Publication of Sponsorship Advertising
Subject to these Terms, CitiNiche will use its reasonable endeavours to publish sponsorship advertisements ('Advertisements') in the format and in the position specified by the service. Sponsorship advertisements includes images and logos submitted for publication and content or information relating to published.
Customer grants CitiNiche a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, online or other. Customer warrants that it is authorised to grant CitiNiche the licence.
Right to Refuse Advertising
CitiNiche reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by CitiNiche).
Right to vary Format, Placement or Distribution
CitiNiche will use reasonable efforts to publish Advertising in the format and in the position specified to the Customer. However, CitiNiche reserves the right to vary the placement of Advertising within a title or website or to change the format of Advertising (including changing colour to black and white).
CitiNiche will not be liable for any loss or damage incurred by a Customer arising from CitiNiche's failure to publish Advertising in accordance with a Customer's request.
Submission of Sponsorship Advertising
Customer warrants to CitiNiche that the publication of the Advertising does not breach or infringe:
- the Competition and Consumer Act (Cth) or equivalent State legislation;
- any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
- any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
- State or Commonwealth privacy legislation or anti-discrimination legislation;
- any financial services law as defined in the Corporations Act 2001 (Cth); or
- any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
CitiNiche will not be responsible for any loss or damage to any Advertising material left in its control.
Advertising submitted electronically must comply with CitiNiche's specifications. CitiNiche may reject the Advertising material if it is not submitted in accordance with such specifications.
If Customer is a corporation and the Advertising contains the price for consumer goods or services, Customer warrants that the Advertising complies with the component pricing provisions of the Competition and Consumer Act (Cth) and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
Customer must not resell Advertising space to any third party without CitiNiche's consent.
If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies CitiNiche against any loss in connection with the Advertising.
Online Advertising Content
All online Advertising (including rich media) must comply with CitiNiche's advertising and image specifications.
CitiNiche will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its ad-serving systems. Results from Customer or third party ad-servers will not be accepted for the purposes of CitiNiche's billing and assessment of Advertising.
CitiNiche is not liable for loss or damage from an internet or telecommunications failure.
Customer must promptly check proofs of Advertising (if provided to the Customer by CitiNiche) and notify CitiNiche of any errors in the proofs or in published Advertising.
CitiNiche does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.
The Customer must pre-pay for Advertising through purchasing CitiNiche credits. Credits are purchased through the CitiNiche platform in the account section of the website.
The Customer must pay for Advertising, unless otherwise agreed. Customer must pay GST at the time it pays for Advertising. CitiNiche will provide a tax invoice or adjustment note (as applicable).
Failure to Pay and Other Breach
If Customer breaches these terms, fails to pay for Advertising, CitiNiche may (in its discretion and without limitation):
- cancel any provision of credit to Customer;
- take proceedings against the Customer for any outstanding amounts;
- recover CitiNiche's costs including mercantile agency and legal costs on a full indemnity basis;
- cease publication of further Advertising or terminate an agreement for Advertising not published;
- exercise any other rights at law.
Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors ('Agents') treat as confidential and will not disclose, unless disclosure is required by law:
- the terms of this Agreement;
- information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising prices;
- any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
- any information derived wholly or partly for any information
Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of CitiNiche in connection with the Advertising or other additional CitiNiche services.
CitiNiche excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act and equivalent State acts) which cannot by law be excluded ('Non-excludable Condition').
CitiNiche limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by CitiNiche to the re-supply of the Advertising or payment of the cost of re-supply (at CitiNiche's option).
CitiNiche excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by CitiNiche, whether that liability arises in contract, tort (including by CitiNiche's negligence) or under statute. Without limitation, CitiNiche will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
The Customer indemnifies CitiNiche and its officers, employees, contractors and agents (the 'Indemnified') against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer's breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
Prohibited, Questionable and Infringing Rewards, Items and Activities
You are solely responsible for your conduct and activities on and regarding to CitiNiche and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on CitiNiche.
Your Content and your use of CitiNiche shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policies, any community guidelines, any project guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by your local government as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person (including CitiNiche staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack CitiNiche or modify another website so as to falsely imply that it is associated with CitiNiche;
- Appear to create liability for CitiNiche or cause CitiNiche to lose (in whole or in part) the services of CitiNiche's ISPs or other suppliers
Registering as a CitiNiche member and setting up a Project on CitiNiche is free. CitiNiche charges fees to Project Creators only if their project successfully reaches their funding target.
The communications between you and CitiNiche use electronic means, whether you visit the Site or send us emails, or whether CitiNiche posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from CitiNiche in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CitiNiche provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
CitiNiche doesn't provide support for the Software or Service. However, CitiNiche may provide access to a protected forum for the User to send any questions and/or comments regarding the Software or Service. CitiNiche does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to support postings.
Improper Usage of CitiNiche. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your CitiNiche membership or access thereto if we terminate the Service or if we suspect, after investigation, that you have misused the CitiNiche service, violated the terms of this Agreement, or have otherwise used the CitiNiche service to conduct any fraudulent or illegal activity.
In the event an account is suspended or terminated for your breach of this Agreement (in each case as determined in CitiNiche's sole discretion), CitiNiche may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. CitiNiche will not be liable for any delay or failure to provide its services caused by a factor outside CitiNiche's reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the project information you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).
You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.
Your Information must not, in any way whatsoever, be potentially or actually harmful to CitiNiche or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by CitiNiche. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:
a. be false, inaccurate or misleading or deceptive;
b. be fraudulent or involve the sale of counterfeit or stolen items;
c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
d. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
e. be defamatory, libellous, threatening or harassing;
f. be obscene or contain any material that, in CitiNiche's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such
g. contain any content that is prohibited or that, in CitiNiche's sole and absolute discretion, may be prohibited content.;
h. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any CitiNiche website, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
i. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
j. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;
Tax & Legal Compliance
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and supporting projects. In particular, you must ensure that your activities, projects you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant country based fair trading legislation. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).
Project Creators alone, and not CitiNiche, are responsible for ensuring that the project listing and any other activities conducted on the CitiNiche website are lawful. Project Creators must ensure that they comply with all applicable laws in Australia and all other countries. Project Creators must also ensure that they strictly comply with this agreement and the policies which form part of the agreement.
Project Creators should comply with country, state and federal regulations
Project Creators should be aware that funds raised using CitiNiche could be taxable income. It is the Project Creators responsibility to declare the funds and comply with local tax laws.
References for Australian Tax & Legal
These terms and conditions are governed in all respects by the laws of Australia and any action arising under them or in any way connected with the CitiNiche service may be brought only in a court in Australia, subject to any law which is expressly inconsistent with this.
Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years.
Disputes between you and CitiNiche regarding our services, complaints or suggestions should be reported to CitiNiche Customer Support located at firstname.lastname@example.org
LAST UPDATED: 12th December 2012