LOCAL MEDIA PTY LTD
TERMS AND CONDITIONS
These terms (‘Terms’) apply to all advertising services provided to any person (‘Customer’) by Local Media Pty Ltd, ABN 67 096 680 063, or any of its subsidiaries (all of which are referred to as ‘Local’). All Advertising is accepted subject to the conditions set out in these Publishers’ Conditions, the current Rate Card, the booking docket, and the invoices/statements raised from time to time.
1. Publication of Advertising
1.1 Subject to these Terms, Local will use its reasonable endeavours to publish advertising submitted by Customers (‘Advertising’) in the format submitted by the Customer and in accordance with the placement instructions and requests of the Customer. ‘Advertising’ includes images submitted for publication.
1.2 Local may, in its discretion and without further cost to the Customer, re-publish Advertising in other Local publications and media. For example, Local may publish print Advertising on-line, or vice-versa. Customer warrants Local is entitled to publish the Advertising anywhere in the world in any medium. The Customer releases and indemnifies the publisher of the relevant website in relation to any claims relating to or arising from the inclusion of Advertising on such website.
2. Right to Refuse or Withdraw Advertising
2.1 Neither these Terms nor any written or verbal quotation by Local represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between Local and a Customer when Local accepts the Advertising in writing or generates a GST-compliant invoice for that Advertising.
2.2 Even if a contract has been formed in accordance with the above clause, Local 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 Local).
3. Right to Vary Format and Placement
3.1 Local reserves the right;
(a) to vary the placement of Advertising within a particular print title or Internet site; and
(b) to change the format of print Advertising (including but not limited to changing a format from colour to black and white).
3.2 Local will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from Local’s failure to publishing Advertising in accordance with a Customer’s Request.
4. Submission of Advertising
4.1 Customer WARRANTS to Local that the Advertising does not breach or infringe:
(a) the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent legislation;
(b) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
(c) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(d) State or Commonwealth anti-discrimination legislation;
(e) the Privacy Act (Cth); or
(f) any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).
4.2 Customer WARRANTS to Local that the contents of each and every such Advertisement are true and correct in all aspects, are not misleading or deceptive or otherwise in breach of the Trade Practices Act 1974, comply with all laws and regulations and contain no prohibited or illegal statements and INDEMNIFY Local, its employees and agents against all demands, claims, costs, interest or proceedings whatsoever arising from the publication, and without limiting the generality of the foregoing, such indemnity extends to any demand, claim or proceeding against local in relation to defamation, injurious falsehood, slander of title, breach of copyright, infringement of trademark or names of publication titles, unfair competition or trade practices, royalties or violation of right or privacy.
4.3 Customer warrants that in respect of Advertising that contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
4.4 Customer warrants that any Advertising of a financial service complies with the relevant legislation and its publication by Local does not give rise to any breach by Local under that legislation.
4.5 The Customer must not submit Advertising for publication that contains contact details for the Customer if those contact details do not include the full name and street address of the Customer. Post office box and e-mail addresses alone are insufficient.
4.6 If, in Local’s opinion, a Customer submits Advertising that looks like editorial material, Local may publish the Advertising under the heading ‘Advertisement’ or ‘Marketing Feature’ or similar heading and with a border distinguishing it from nearby editorial.
4.7 The Customer must collect Advertising material, including but not limited to illustrations, artwork and computer media, submitted to Local immediately after publication. Local will endeavour to take reasonable care of Advertising material in its custody and control, but will not be responsible for any loss or damage to Advertising material (even if caused by Local’s negligence). No responsibility will be accepted for material not collected by the Customer or agency within seven days from the publication. The Customer and its agent acknowledge that Local accepts no liability for failing to return any submitted Advertising material.
4.8 If the Customer submits Advertising material electronically, the material must comply with Local’s specifications. Local may reject the Advertising material if its is not submitted in accordance with such specifications.
4.9 The Customer acknowledges Local imposes a deadline for booking advertising space (‘the Booking Deadline’) and a deadline by which advertisers must submit material (‘the Material Deadline’). The Customer agrees to pay Local the full cost for any order for publication or space booked when advertising material and/pr artwork is received by Local after the Material Deadline. The Customer acknowledges that it is its responsibility to ascertain for the specific Local publication the Booking Deadline and Material Deadline, either of which may be changed from time to time without notice.
5. Classified and Display Advertising
5.1 Local will publish Classified Advertising under the classification heading that it reasonably believes is most appropriate. Classified Advertising headings are for the convenience of readers and are determined at the discretion of Local.
5.2 Local will published classified display Advertising sorted by alphabetical caption and, where space permits, with related line Advertising.
5.3 The positioning and colour of Advertising will be at the discretion of Local. without limiting this discretion, where special arrangements and payment of appropriate loading charges are agreed to, Local will make every endeavour to position Advertising as agreed. Special placements are subject to space availability at the time of printing. Any liability of Local for publishing Advertising not in accordance with the Customer’s position or colour request will be limited to crediting the Customer for the loading charges or colouring loading paid for such Advertising.
6. Online Advertising
6.1 For online banner and display Advertising, the Customer must:
(a) confirm the Advertising at least 30 days before the Advertising is scheduled to paper, by submitting a signed ‘Advertising Confirmation’ form to Local;
(b) cancel online Advertising in writing at least 30 days before the Advertising is scheduled to appear. Local reserves the right to charge the Customer for online Advertising cancelled on less than 30 days notice; and
(c) submit creative materials and a click-through-URL to Local at least three working days (five working days for non-GIF material) before the Advertising is scheduled to appear.
6.2 All online Advertising (including rich media) must comply with Local’s advertising specifications, which are available on request.
6.3 Local is not liable for any loss, damages or liabilities arising from a failure of the World Wide Web or any telecommunications structure.
6.4 Customer acknowledges that Local may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
7.1 The Customer must promptly:
(a) check proofs of Advertising provided to the Customer by Local, although there is no agreement to provide proofs to Customers on discounted price structure advertisements; and
(b) notify local of any errors in the proofs of any Advertising, prior to the specified deadline.
7.2 Local does not accept responsibility for an errors in print Advertising placed over the telephone;
7.3 Local does not accept responsibility for any errors in Advertising material received electronically;
7.4 If a Customer wishes to make a claim on Local in respect of Advertising, the Customer must send the claim in writing to Local no later than 7 days after the date of the publication of the Advertising. If Local fails to publish Advertising, publishes Advertising not in accordance with the Customer’s instruction, publishes Advertising which contains errors or omissions, fails to publish Advertising in an agreed position, or publishes or distributes Advertising late, the Customer agrees, even if the Errors result from the negligence of Local’s employees and agents, Local’s liability shall be limited to the publication of the advertisement (with any necessary correction) in a convenient Local newspaper and shall not extend to any consequential losses or damages suffered by the Customer arising from the Errors.
7.5 Local will only investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays).
8. Advertising Rates and Taxes
8.1 The Customer must pay for Advertising in accordance with the rates in Local’s Rate Card (and, unless otherwise agreed, at the Casual or Base Rate). The rates in the Rate Card may be:
(a) may be varied at any time by Local without notice; and
(b) are exclusive of taxes, duties or GST (‘Taxes’), unless the Rate Card specifies that GST or other Taxes are included.
8.2 Local may negotiate rates for Advertising, or the provision of other goods and services; otherwise, casual rates will be charged.
8.3 The Customer may pay an additional amount equal to any Taxes payable by Local in respect of Advertising. Local will provide Customers with a Tax Invoice or Adjustment Note (as applicable) in a compliant form for GST purposes.
9.1 Local may grant, deny or withdraw credit to a Customer at any time in its discretion.
9.2 The Customer must ensure that its Customer account number, and any authorisation devices, are available only to those of its employees/agents authorised to use it. The Customer acknowledges that it will be liable for all Advertising requested with the quotation of the Customer’s authorisation.
10.1 The Customer must pay for Advertising by pre-payment. The Customer may pre-pay by providing current Credit Card account, security numbers and expiry details. The Customer agrees that Local will keep these details on file, and may charge subsequent Advertising to these Credit Card accounts. The Customer may alternatively pay by cheque, which the Customer warrants will be cleared immediately. The Customer warrants to also immediately pay all Local’s additional bank, taxes, courier and administration charges for any dishonoured and declined charges.
10.2 The Customer must pay:
(a) for Advertising in accordance with the size of the Advertising material lodged by the Customer, or the Advertising space ordered by the Customer, whichever is the greater;
(b) the full price for Advertising notwithstanding:
(i) the fact that Local has exercised its right to vary the format or placement of the Advertising; and
(ii) any error or omission in the Advertising.
11. Failure to Pay and other Breach
11.1 If a Customer fails to pay for Advertising in accordance with Clause 10 or if a Customer suffers an Insolvency Event as defined in Clause 11.2, Local may (in its discretion and without limitation):
(a) cancel any provision of credit to the Customer;
(b) require cash pre-payment for further Advertising;
(c) charge interest on all overdue amounts at the rate of 2% above the Westpac Banking Corporation Overdraft Base Rate;
(d) take proceedings against the Customer for any outstanding amounts;
(e) recover from the Customer all costs relating to any action taken by Local to recover amounts owed for Advertising, including without limitation any mercantile agency costs and legal costs on a full indemnity basis;
(f) cease publication of any further Advertising on behalf of the Customer and terminate any agreement in relation to Advertising not yet published; and
(g) exercise any other rights at law.
11.2 A Customer suffers an ‘Insolvency Event’ if”
(a) the Customer is a natural person and the Customer commits an act of bankruptcy;
(b) the Customer is a body corporate and the Customer:
(i) cannot pay its debts as and when they fall due;
(ii) enters into any arrangement with its creditors other than in the ordinary course of business;
(iii) passes a resolution for administration, wind up or liquidation (other than for the purposes of re-organisation or reconstruction);
(iv) a receiver, manager, liquidator or administrator is appointed to any of its property or assets; or
(v) any petition is presented for the winding up of the Customer.
11.3 Local reserves the right to withhold any discounts or rebates if the Customer fails to comply with its payment obligations.
11.4 A written statement of debt duly signed by an authorised employee of Local shall be prima facie evidence and proof of the amount owed by the Customer to Local.
12.1 The Customer acknowledges that it has not relied on any advice or representation made by or on behalf of Local in connection with the Advertising.
12.2 The Customer specifically acknowledges that it has not relied on any representations or claims in respect to readership, circulation, distribution, sales or any other statistic.
12.2 Local excludes all implied conditions and warranties from these Terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State acts) which cannot by law be excluded (‘Non-excludable Condition’).
12.3 Local limits its liability:
(a) for breach for any non-Excludable Condition (to the extent that liability for such breach can by law be limited); and
(b) for any other error or omission in published Advertising caused by Local, to (at Local’s option), re-supply of the Advertising services affected by the breach, or payment of the cost of re-supply.
12.4 Subject to Clauses 12.2 and 12.3, Local excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with these Terms and Advertising published by Local, whether that liability arises in contract, tort (including by Local’s negligence) or under statute. Without limitation, Local will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue or loss of business opportunity.
12.5 The Customer indemnifies Local 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.
13.1 Local collects a Customer’s personal information to provide the Advertising services to the Customer and for invoicing purposes. Local may disclose this personal information to its related companies, to credit reporting agencies and other third parties as part of provision of the Advertising. Where a Customer has an overdue account, Local may disclose personal information to debt collection agencies to recover the amount due.
14.1 These Terms represent the entire agreement of the Customer and Local in relation to Advertising and cannot be varied except in writing by an authorised officer of Local, notwithstanding anything said prior to or at the time of acceptance of Advertising. No purchase order or other document issued by the Customer will vary these Terms.
14.2 Local will not be liable for any delay or failure to publish Advertising caused by a factor outside Local’s reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
14.3 Local may serve any notice or court documents on a Customer by forwarding them by pre-paid post or facsimile to the last known address of the Customer.
14.4 These Terms are governed by the laws of the state of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the Courts of Victoria, Australia.