Accepts Terms & Conditions IV Therapy Hub Listings Terms and Conditions These Terms and Conditions are applicable to all business listings and advertising (paid or free) provided by the IV Therapy Hub. IVTH™ maintains a comprehensive business-listing database of both paid advertisers and free listings and reserves the right to publish, or not publish, such listings to ensure the database is a comprehensive list of The IV Therapy Hub. To make the database as comprehensive as we can, it is not limited to businesses that have commercial arrangements with IVTH™. Particularly, a free listing for a business does not mean that the listed business has any commercial arrangement with IVTH™. Advertising Products Terms and Conditions 1. Acceptance of Terms • 1.1. All Advertisers agree to be bound by the Terms & Conditions set out on, terms and conditions agreed to as these additional terms and conditions, as applicable. • 1.2. The terms that apply to your Contract and Service are set out in: • 1.2.a. these terms including any attachments; • 1.2.b. the approved and authorized order form or equivalent contract. • 1.2.c. the website terms of use located at; • 1.2.d. any advertising rules and/or guidelines which apply to your Service; and • 1.2.e. any equivalent approved and authorized document received by IVTH™. • 1.3. These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on or otherwise issued by IVTH™. • 1.4. IVTH™, in its sole discretion, may vary these terms and conditions at any time without notice. 2. Term of Advertising Contract • 2.1. The Contract begins on the date the approved and authorized order form; verbal agreement with a sales person or equivalent contract is received by IVTH™. • 2.2. The Contract will continue for the period set out in the order form or equivalent contract. 3. Changes to the Contract, Product or Terms • 3.1. Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by IVTH™ without any prior warning or notice. • 3.2. The changes will be effective as soon as they have been posted on the Website. • 3.3. You should check the terms and conditions from time to time so you are aware of any changes to the site and services. • 3.4. Your continued use of after any modifications indicates you have accepted the new terms and conditions. 4. Advertiser Content • 4.1. Advertiser is responsible for uploading and maintaining any and all relevant material (Advertiser Material) for use on the Website, in accordance with any requirements of IVTH™ including as to deadlines and delivery formats • 4.2. IVTH™ takes no responsibility for any of the Advertiser Material. • 4.3. IVTH™ will determine the utilization of all keywords, categories and other material used to describe or categories a business listing for all purposes relating to the Directory. • 4.4. IVTH™ may remove, revise or refuse to publish any Advertiser Material. • 4.5. IVTH™ reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to IVTH™; • 4.6. Recognition of advertising in other media channels: • 4.6.a. IVTH™ may present advertisements of businesses that also advertise in other media channels in a different position and in a different format to that of other advertisements. • 4.6.b. This variance in presentation is solely at the discretion of IVTH™ and Advertisers may assume no right of entitlement to this based on their other advertising. IVTH™ may choose to apply this variance in presentation to some advertisers but not to others and may alter the duration of any such variance in presentation at its discretion. • 4.7. The Advertiser acknowledges and agrees that IVTH™ may provide the Directory from time to time to other commercial enterprises including for publication on another website. IVTH™ does not warrant that the Advertiser’s listing in the Directory will be published or continue to be published on an internet site that is a distribution partner of IVTH™. The Advertiser acknowledges and agrees that: • 4.7.a. The failure of an internet site to publish or continue to publish the Advertiser’s listing or Advertiser Material in any form will not affect the parties’ rights and obligations under this Contract; • 4.7.b. IVTH™ is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and • 4.7.c. IVTH™ retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser’s listing and, or, Advertiser Material will be distributed by any particular distribution partner for any particular period. 5. Termination of Contract • 5.1. This Contract may be terminated in the following ways: • 5.1.a. At any time the Advertiser and IVTH™ agree; • 5.1.b. By IVTH™ without notice if: • 5.1.b.i. the Advertiser (being an individual) is declared bankrupt; or • 5.1.b.ii. any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for IVTH™ to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy. • 5.2. IVTH™ may without notice terminate this Contract and all its obligations to an Advertiser if the Advertiser fails to comply with any of its obligations to IVTH™ including, without limitation, the Advertiser’s obligations to: • 5.2.a. make any payment to IVTH™ in cleared funds by the due date for payment. and • 5.2.b. if applicable, maintain sufficient funds as required by clause 12.2 From termination IVTH™ ceases to have any obligation to supply services to the Advertiser. Clause 6.5 survives termination by IVTH™. 6. Liability and Indemnity • 6.1. The Advertiser indemnifies IVTH™ against any successful claim by any third party against IVTH™ in respect of any matter arising from the operation, use, transfer of data or money to and from IVTH™ by the Advertiser. • 6.2. By lodging material including electronic material or data for publication or authorizing or approving the publication of any material with IVTH™, the Advertiser indemnifies IVTH™ and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and, Without limiting the generality of the above, Advertisers and or advertising agencies indemnify IVTH™ and its directors, employees and agents against any claims arising from: • 6.2.a. defamation, libel, slander of title; • 6.2.b. infringement of copyright; • 6.2.c. infringement of trade marks or names of publication titles; • 6.2.d. unfair competition; • 6.2.e. breach of trade practices, privacy or fair trading legislation; and • 6.2.f. violation of rights of privacy or confidential information or licenses or royalty rights or other intellectual property rights. • 6.3. Advertiser indemnity: The Advertiser indemnifies IVTH™ for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material. • 6.4. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with IVTH™ without the prior written consent of IVTH™. 7. Intellectual Property • 7.1. All intellectual property in relation to material included on the Website belongs to IVTH™ or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything, which interferes with or breaches those intellectual property rights. • 7.2. Apart from fair dealing permitted by the Copyright Act 1968, IVTH™ grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose. • 7.3. Maps and map data: • 7.3.a. All content and materials relating to the maps included on or linked to the Website are the copyright of the mapping provider. • 7.3.b. except as expressly permitted by these terms and conditions; the User (including Advertisers) may not re-use, export, transmit, duplicate, or publish the map data in any way (whether electronic or on paper) without the express written permission of IVTH™. The terms of use for Google Maps located on True Local can be found at • 7.3.c. IVTH™ provides the Google Maps product on an ’as-is’ basis as provided by Google. Google Maps is a product of Google Inc. The user hereby agrees not to make any claims against IVTH™ or Google pertaining to the suitability for any given purpose and performance of Google Maps. 8. Privacy • 8.1. IVTH™ will collect use and disclose any personal information in accordance with its Privacy policy 9. General Notices • 9.1. Severability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected. • 9.2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in the USA and the local state and jurisdiction of the operations of IVTH™. • 9.3. Any notice to be served to IVTH™ under this Contract must be served personally by post or email to IVTH™ at: Attention: IV Therapy Hub Customer Service Department 3187 Airway Ave., C Costa Mesa, CA 92626 Email: 10. Definitions • “person” includes a corporation; • “month” means calendar month; • “Advertiser” means the business or their authorized representative (including an advertising agency) that has entered into an agreement with IVTH™ in relation to the inclusion on the Website of listing or other advertising content, including through the use of this website to upload information into the Directory; • “follow-on term” means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be; • “service” means such of IVTH™ products or services purchased by the Advertiser as indicated in the invoice from time to time; • “stand-alone” A stand-alone Listing is any listing product that is not bundled with a Top of List, Strip, or Tile advertisement; • “Users” means users of the Website including, where appropriate, Advertisers. • “Contract” means documents or recording including: 1. these terms including any attachments; 2. the approved and authorized Order Form or equivalent Contract; 3. where applicable; the commercial credit application; 4. the Website terms of use located at; 5. any advertising rules and/or guidelines which apply to your Service; 6. any equivalent approved and authorized document Contract received by IVTH™ 7. the approved and authorized voice recording of order or equivalent contract. Additional Business Listings Terms and Conditions The following Additional Terms and Conditions are applicable to all paid business listings or advertising purchased directly from (IVTH™). Other terms and conditions may apply to business listings or advertising purchased through an agent or partner of IVTH™. Advertisers should carefully review all applicable terms and conditions before purchasing any listing or advertising. 11. Term of Advertising Contract • 11.1.1. The Contract begins on the date the approved and authorized order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by IVTH™. • 11.1.2. The Contract will continue for the period set out in the order form or equivalent contract, or if no period is specified, will continue automatically for successive follow-on terms unless and until it is terminated in accordance with Clause 6. 1. Use of this site • 1. (IVTH™) is the owner and operator of the Site. • 2. Users of the Site, including Advertisers and Members (Users or you) agree to be bound by these Terms and Conditions and any other notices and guidelines, which appear on the Site (Terms & Conditions), which are subject to change at IVTHs™ sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time. • 3. The Site is made available for personal use only. You may not use the Site or the directory contained on the Site for any commercial purpose (other than for the adding to or correcting of information contained in the directory), in accordance with the Terms & Conditions, including to supply another service, or to obtain information which you either incorporate into your service or product or use to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use requires prior written approval from IVTH™ • 4. Content (Content) refers to all information, including but not limited to data, text, images and multimedia that is displayed in a business listing on the Site or directory. 2. User’s Obligation • 6. Users will not: • a. Use the Site for any purpose or in any way which is contrary to the Terms & Conditions or which is unlawful, including but not limited to breaching intellectual property rights, linking to a listing in the Directory any defamatory, threatening, harassing, abusive, discriminatory, unlawful, obscene, offensive, profane, indecent or otherwise objectionable material of any kind; • b. Submit or otherwise link to the directory, whether for automatic upload or otherwise, or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful code; • c. Damage, modify, interfere with disrupt or destroy the files, data, passwords, devices or resources that belong to IVTH™ or do anything that compromises the security and/or stability of the Site or the directory; • d. Use the directory in connection with the transmission of junk mail, spam, chain letters or to engage in other flooding techniques or mass distribution of unsolicited email; or • e. Send automated queries of any kind to the Site or the directory without IVTHs™ express written permission. 3. Member Account Terms of Use • 7. Users agree: • a. to abide by the Terms & Conditions; • b. to provide accurate, current and complete information at all times; • c. to maintain the security of passwords and/or identification; • d. to be fully responsible for all account use and for any actions that take place with regard to the account, including accepting liability for all information, data, text, or other materials whether publicly posted or privately transmitted to and from the account; • e. not to impersonate or misrepresent their affiliation with a particular business listing and products and services they provide; • f. not to post or upload Content which contains hidden code or images which do not relate to or which alter the intended meaning of the original Content; and • g. that IVTH™ has the right to suspend or terminate an Account and refuse any and all current or future use of the site or directory. Where it is possible for IVTH™ to contact Users directly, IVTH™ will notify the User of any suspension or termination and the reasons for it and the User has 5 days to provide a written response as to why the suspension or termination should be reversed. IVTH™ will give due and reasonable consideration to that response and provide a written response to the User within 10 days of receiving those reasons as to its decision. 4. Business Owner Terms of Use • 8. In signing up as a Business Owner you: • a. agree that you are the registered business owner or authorized representative of the business being registered; • b. agree that your business, like all businesses displayed on the Site are subject to receive ratings and reviews from Users; • c. acknowledge that, to the extent permitted by law, IVTH™ is not liable for any Content that causes you or your business any loss or damage; • d. acknowledge that IVTH™ reserves the right to include or exclude entry to, or remove a business from the Site and the directory; and • e. understand that IVTH™ at its sole discretion will determine the utilization of all keywords, categories, Content and other material used to describe or categorize a business listing for all purposes relating to the Site and the directory. 5. Intellectual Property • 13. Except where stated otherwise, all intellectual property in relation to Content on this Site belongs to IVTH™ or its licensors, advertisers or affiliates, including but not limited to logos and trade marks. You obtain no interest in that intellectual property. • 14. You may download and view Content or print a copy of material on this site for personal, non-commercial use provided you do not modify the Content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by IVTH™ Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission. • 15. Other, non-IVTH™ trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any license or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner. 6. Privacy • 16. IVTH™ will collect, use and disclose any personal information in accordance with its Privacy Policy. 7. Liability & Indemnity • 17. IVTH™ does not exclude any rights and remedies in respect of goods or services under the Consumer Law (as incorporated in the Competition and Consumer Act 2010 (Cth) and equivalent State or Territory legislation) which cannot be excluded, restricted or modified. However, IVTH™ otherwise excludes all rights, remedies, conditions and warranties in respect of goods or services provided through the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible, the following clauses 18 – 22 apply. • 18. IVTH™. does not warrant the accuracy of the Content and the directory on the Site, including but not limited to any maps displayed on the site and any third party sites or resources. All Content is provided to you “as-is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the Content and rely on it at your own risk. Content represents the views of the writer only and not the views of IVTH™. All Content on the Site may be changed and/or removed at IVTH™.’ sole discretion and without notice. • 19. IVTH™. will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject to clause 21. • 20. IVTH™. does not warrant that functions contained in the Site Content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that IVTH™ or the server that makes it available, are free of viruses or bugs. • 21. Liability of IVTH™ for any breach of a term or condition implied by law, or any statutory guarantee, is limited at IVTHs™. discretion, to the supply of any service again or the payment for the cost of having any service supplied again. • 22. You indemnify IVTH™. and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site. 8. Third Party Content & Links • 23. This Site may include third party content, which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any license or right for you to use that Content. • 24. This Site may include links to third party sites, which are not related to IVTH™ and in relation to which IVTH™ has no control or interest. The appearance of those links on this Site does not indicate any relationship between IVTH™ and that third party or any endorsement by IVTH™ of that third party, its site or the products or services that it is advertising on this Site. 9. Contributing Content • 25. When you submit Content to IVTH™ in any format, including any text, photographs, graphics, video or audio, you grant IVTH™ and each of its related bodies corporate a non-exclusive, royalty-free, perpetual license to publish or otherwise use that Content in any way, at any time. • 26. IVTH™ reserves the right not to use the Content you submit. • 27. You warrant that you have all of the necessary rights, including copyright, in the Content you contribute, that your Content is not defamatory and that it does not infringe any law. • 28. You indemnify IVTH™ against any and all legal fees, damages and other expenses that may be incurred by IVTH™ as a result of a breach of the above warranty. • 29. Unless otherwise stated, you waive any moral rights in your contribution for the purposes of its submission to and publication on the Site. 10. General • 30. These Terms & Condition shall be governed by and interpreted in accordance with the laws of the USA and local and state law of the State of California. • 31. Any notice to be served to the Company under this agreement must be served personally by post or email to the Company at: Attention: IV Therapy Hub Customer Service Department 3187 Airway Ave., Suite C Costa Mesa, CA 92626 Email: Direct Debit Request Service Agreement The IV Therapy Hub irrevocably agrees that this request will only be used in connection with the amount referred to in your Order(s). You must confirm your account details by checking your credit card or a recent bank account statement from your financial institution. IVTH™ will provide 14 days notice to you in writing if the terms of this agreement are to change. Please contact the IV Therapy Hub at should you wish to: • Defer a drawing; • Suspend the Direct Debit Request; • Change your Bank Account or Credit Card details; • Alter a drawing amount; • Cancel the Direct Debit Request; or • Stop an individual drawing. Please note IVTH™ requires three-business days notice to act on your request. If you dispute any drawing amount or the reason of drawing you must first contact True Local Sales at True Local undertakes to address your query within seven business days. If your query is not addressed within this period the disputed amount will be refunded until the matter has been resolved. If the due date of the drawing falls on a public holiday or a non business day, IVTH™ will direct debit your Credit Card/Bank Account within two business days from the drawing date. If you are uncertain when the charge will be processed you should contact your financial institution directly. Should a dishonor occur as a result of any drawing under this request, a further attempt by us to draw may be made within five business days or by mutual agreement by telephone. An administration fee may be applied. IVTH™ is committed to the protection of your personal details and any information provided to will remain confidential subject to any applicable law. You consent to maintaining your nominated BSB and Account Number on our database, using a third party for the secure storage of your credit card details or releasing your account information to investigate with your and True Local’s financial institutions any possible incorrect debits. It is your responsibility to ensure that your financial institution account can accept direct debit drawings, and sufficient funds are in your account to cover the direct debit at the time of drawing. Should you have any queries regarding your direct debit payments please contact IV Therapy Hub Support at