Marketplace Terms & Conditions

1. About Perth Leaflet Distribution

Perth Leaflet Distribution (“PLD”, “we”, “us” or “our”) is operated by The Trustee for Fletcher Family Trust, ABN 87 178 859 264, Western Australia.

Perth Leaflet Distribution operates an online marketplace designed to connect:

• businesses and organisations wishing to advertise (“Advertisers”);
• independent persons or businesses offering leaflet or flyer distribution services (“Distributors”); and
• businesses, venues and other organisations offering physical or digital advertising display space (“Hosts”).

The marketplace may also offer or arrange related services including graphic design, printing and campaign support.

2. Our role as a marketplace

Unless expressly stated otherwise for a particular service, Perth Leaflet Distribution acts as an intermediary marketplace.

We provide a platform through which Advertisers, Distributors and Hosts can find, communicate with and engage one another.

Distributors are not employees of Perth Leaflet Distribution merely because they use the platform.

Hosts operate their own premises and advertising spaces independently of Perth Leaflet Distribution.

A contract for distribution or display services may be formed directly between the relevant Advertiser and Distributor or Host.

Where Perth Leaflet Distribution separately agrees to provide design, printing, campaign management or another service itself, we are responsible for that service subject to these Terms and applicable law.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a contract to create an account, accept paid work, list advertising space or purchase services through the marketplace.

Businesses must ensure that anyone using the platform on their behalf has authority to do so.

4. Accounts

Users must provide accurate and current information.

You are responsible for maintaining the security of your account and for activity undertaken through it.

We may request reasonable information to verify a user, business, listing or job before allowing it to appear on the marketplace.

5. Marketplace listings

Hosts and Distributors are responsible for ensuring their listings and profiles are accurate.

Information such as:

• location;
• available dates;
• display dimensions;
• accepted advertising formats;
• distribution areas;
• capacity;
• price;
• venue type;
• photographs;
• estimated audience or foot traffic; and
• other characteristics

must not be false or misleading.

Availability displayed on the marketplace is not guaranteed until a booking or engagement has been accepted.

6. Advertisements and campaign material

Advertisers are responsible for the content they provide.

Advertising material must not:

• be unlawful;
• infringe copyright, trade marks or other intellectual property;
• contain defamatory material;
• contain misleading or deceptive representations;
• promote unlawful products or services;
• contain malicious digital content or QR codes;
• be discriminatory, threatening or offensive;
• breach advertising standards or applicable industry rules; or
• otherwise expose another marketplace participant to unreasonable legal or reputational risk.

Hosts and Distributors may decline material that does not meet an agreed brief or that they reasonably consider inappropriate for their venue or service.

7. Bookings and engagements

A request, enquiry or quote does not necessarily create a confirmed booking.

A booking becomes confirmed when the relevant parties accept the engagement in accordance with the process shown on the marketplace.

Users should review the location, quantities, dates, pricing and requirements before accepting.

8. Prices and fees

Prices shown on the marketplace may include:

• Host fees;
• Distributor fees;
• printing charges;
• design charges;
• marketplace or booking fees; and
• applicable GST.

Any compulsory fee payable through the platform will be disclosed before a user confirms a transaction.

We may introduce or change marketplace fees from time to time. Changes will apply prospectively and will not alter an already confirmed transaction unless agreed or permitted by law.

9. Payments

Where payment is processed through Perth Leaflet Distribution or a third-party payment provider, users authorise the processing of the applicable transaction.

Payment arrangements, including any deposit, holding period or release of funds, will be disclosed as part of the booking process.

We may delay payment while a genuine transaction dispute, suspected fraud or payment reversal is investigated where reasonably necessary.

10. No guaranteed advertising results

Advertising performance depends on many factors outside our control.

Unless we expressly provide a written guarantee for a particular service, Perth Leaflet Distribution does not guarantee:

• enquiries;
• leads;
• sales;
• website traffic;
• telephone calls;
• customer conversions;
• particular audience numbers; or
• a particular return on advertising expenditure.

Nothing in this section excludes any guarantee, right or remedy that cannot lawfully be excluded.

11. Reviews and feedback

Users may be able to review other marketplace participants.

Reviews must reflect genuine experiences and must not contain unlawful, defamatory, threatening or deliberately false material.

We may moderate or remove content where reasonably necessary to protect the integrity and lawful operation of the marketplace.

12. User content and photographs

Users retain ownership of photographs, descriptions and other material they upload.

By uploading material to a public listing, you grant Perth Leaflet Distribution a non-exclusive licence to display, resize, reproduce and use that material for operating and promoting the listing and marketplace.

You must have the right to upload that material.

13. Marketplace conduct

Users must not:

• create fraudulent listings;
• manipulate reviews;
• impersonate another person or business;
• misuse another user’s personal information;
• circumvent platform fees relating to an existing marketplace transaction;
• interfere with the operation or security of the website;
• scrape or systematically extract marketplace information without permission; or
• use the platform for unlawful purposes.

14. Suspension and removal

We may remove content or restrict or suspend an account where reasonably necessary because of suspected fraud, unlawful conduct, serious or repeated breaches of these Terms, safety concerns, non-payment or misuse of the platform.

Where appropriate, we will give the affected user an opportunity to respond.

15. Consumer rights

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or another law where doing so would be unlawful.

Australian law prohibits misleading claims and provides protections concerning services that are paid for but not supplied.

16. Liability

To the maximum extent permitted by law, each marketplace participant is responsible for their own acts and omissions and for services they independently agree to provide.

Perth Leaflet Distribution is not responsible for losses caused solely by the independent conduct of another marketplace user where PLD did not provide the relevant service and is not otherwise legally responsible.

Nothing in these Terms limits liability that cannot legally be excluded or limited.

17. Disputes

Users should first attempt to resolve a problem through the marketplace’s dispute process.

Perth Leaflet Distribution may assist with communication and may review evidence including messages, booking information, photographs and delivery records.

Our involvement does not prevent a user exercising rights available under Australian law.

18. Changes to these Terms

We may update these Terms to reflect changes to the marketplace, law or our services.

Material changes will apply prospectively and, where appropriate, users will be notified.

19. Governing law

These Terms are governed by the laws applicable in Western Australia and Australia.