Terms & Conditions for Advertisers
About Australia Online Pty Limited (A.C.N. 111 747 669)
These Standard Terms and Conditions for Advertisers are incorporated into the Advertising Agreement between About Australia Online Pty Limited ("about-australia.com") and the entity opening an account to book advertising ("Client").
The provisions of the Advertising Agreement also include the terms (and all details given by the Client) as part of the Account Signup process and/or as part of the link or banner placement process (if applicable) and any commercial discounts applied in favour of specific Clients off the about-australia.com published rate card. All of these documents are referred to collectively as the "Advertising Agreement".
In order to participate in about-australia.com's advertising programs you must agree to these terms and conditions before opening an advertiser account.
By signifying your agreement to these Terms and Conditions you are entering into a binding and enforceable legal agreement with about-australia.com. Please read these Terms and Conditions carefully before registering for and/or using about-australia.com's advertising Programs. If you do not agree to the Terms and Conditions, please do not register for or use about-australia.com's advertising Programs. This Agreement, including pricing and payment terms, is subject to change at any time without notice.
All bookings, orders or other requests by the Client for advertising on the
about-australia.com website are governed by these Standard Terms and Conditions
for Advertisers. No other conditions, provisions or terms of any sort appearing
in any documents or communications made in connection with any order, including
without limitation those contained on or accompanying any cheques or other
forms of payment, will be binding on about-australia.com whether in conflict
with or in addition to these Standard Terms and Conditions for Advertisers.
Orders which quote rates other than about-australia.com's then current published
rates will not be binding on about-australia.com (unless approved by about-australia.com
on the relevant Advertising Sales Booking Form), and will be deemed requests
for advertising on the terms of this Advertising Agreement at about-australia.com's
then current rates.
SUBMITTED CONTENT
The Client represents and warrants to about-australia.com that it is fully
authorised to publish the entire contents and subject matter of all advertisements
or integration content submitted to about-australia.com (including, without
limitation, all text, graphics, icons, photographs, materials provided to
about-australia.com for production purposes, URLs, and sites to which URLs
are to be linked), and that all such contents and subject matter will comply
with all applicable laws, regulations and relevant industry codes.
If the relevant advertisement or integration content includes any information
on a competition or promotion, the Client:
i) acknowledges and agrees that about-australia.com is not the promoter
ii) will ensure that the advertisement does not imply that about-australia.com
is the promoter.
iii) will ensure that the correct identity of the promoter is set out on the
website represented by the hyperlink embedded in the advertisement, and
iv) will ensure that all applicable permits have been obtained, and all applicable
regulations governing the conduct of the relevant competition/promotion have
been complied with.
INDEMNITY
The Client agrees unconditionally to indemnify about-australia.com and hold
about-australia.com harmless (including all of its officers, agents employees
and affiliates) from and against any and all loss, damage, liability and
expense (including all reasonable legal fees) suffered or incurred by reason
of any claims, proceedings or suits based on or arising out the publication
of, or any act or omission in relation to, the advertisements or integration
content, including but not limited to claims related to defamation, contempt
of court, rights of publicity and/or privacy, copyright infringement, trade
mark infringement, misleading or deceptive conduct and any failure to comply
with or fulfil any representations, warranties or agreements made in the
relevant advertisement or on any website represented by a URL shown or embedded
in the relevant advertisement or any object in such advertisement.
BREACH OF SECURITY
Notwithstanding the security precautions taken against disclosure of information,
there are certain conditions that exist on the Internet generally which are
outside of
about-australia.com's control and could result in a breach of security. Accordingly,
about-australia.com cannot guarantee that your data information will be free
from corruption or piracy. You hereby expressly waive any claim against about-australia.com
arising out of the loss of data through corruption, piracy, breach of security
or for any other reason that is not based on intentional or grossly negligent
actions of about-australia.com
DELIVERY
about-australia.com reserve the right to cancel any advertising order or reject
or edit any advertising copy. (including at any time after the commencement
date).
Any failure by about-australia.com to publish any requested advertisement or
to integrate any particular item of content will be deemed to constitute a
rejection of the order for such advertisement, but does not constitute a breach
of contract or otherwise entitle the Client to any legal remedy.
about-australia.com shall not be responsible for delays or failure of performance
resulting from Internet Service Provider delivery problems or failure. About-australia.com
shall not be responsible for acts or causes beyond their control, including
but not limited to: acts of God, strikes, lockouts, communications line or
equipment failures, power failures, earthquakes, or other disasters.
RATE CHANGES
All of about-australia.com's advertising and production rates are subject to
change at about-australia.com's sole discretion. about-australia.com will
use its commercially reasonable efforts to announce all advertising and production
rate changes at least thirty (30) days in advance of their effective date.
In the event about-australia.com makes a rate change in respect of a period (or any portion thereof) for which the Client has placed an order for advertising, about-australia.com will allow the lower rate to apply for the remainder of the then current term of the Advertising Agreement after which time, if the agreement is extended or renewed, all rates will be adjusted in accordance with about-australia.com's then current advertising and production rates and amended thereafter as notified by about-australia.com from time to time.
The Client acknowledges, warrants and undertakes that any and all commercial terms offered to them in respect of any documentation comprising this Advertising Agreement is Confidential Information and shall not be disclosed to any third party without the prior written consent of about-australia.com. In the event that the Client breaches their confidentiality obligations to about-australia.com, about-australia.com reserves the right to cancel this Agreement forthwith, and to pursue the Client for all equitable relief including damages.
LINKS TO WEBSITES
The Client warrants and represents to about-australia.com that each website
represented by any URL shown or embedded in any relevant advertisement or
any object in any such advertisement or in any integration content:
(i) is controlled and operated by the Client, its independent contractors or
a client of the Client (in the event the Client is an advertising agency applying
on behalf of its own client),
(ii) will be functional and accessible at all times,
(iii) will at all times operate in compliance with all applicable laws, regulations
and relevant industry codes, and
(iv) is suitable in all respects including subject matter to be linked to from
the about-australia.com website containing the advertisement or integrated
content. about-australia.com may test all relevant URLs, and may remove any
URLs which in about-australia.com's sole unfettered opinion fail to comply
with the any of the above requirements at any time.
PAYMENT
By submitting a request for a link or graphical banner in the 'My Account'
area of the site or in the form of a written order to about-australia.com,
the Client agrees to be liable for all relevant fees and costs of such order.
Unless otherwise indicated in the relevant order and agreed by about-australia.com
in writing, the Advertising Agreement commences on the date the advertisement
appears on the public site and will continue for the term set out therein.
The Client will be required to provide credit card details to facilitate
payment prior to publishing of any advertisement.
No termination or expiration of the Advertising Agreement will terminate or otherwise affect the warranties and indemnities provided by the Client herein which will continue in respect of this Advertising Agreement and any subsequent and/or other advertising agreement between the parties, and all such warranties and indemnities will survive and remain in full force and effect in respect of the performance of all of the Client's relevant obligations.
NO REPRESENTATIONS OR WARRANTIES; NO DAMAGES:
The provisions of this paragraph are subject to the terms of the following
paragraph regarding Australian consumer warranties. Any of about-australia.com's
services which are the subject of these Standard Terms and Conditions for
Advertisers are provided without warranties of any nature, and about-australia.com
disclaims all warranties, express or implied, including without limitation
any implied warranties of merchantability and fitness for a particular purpose.
In no event will about-australia.com be liable for any form of loss, damage,
liability or expense whatsoever including but not limited to consequential,
indirect, incidental, or special damages, damages for loss of profits, business
interruption, loss of or unauthorised access to information, and the like,
even if about-australia.com has been advised of the possibility of such damages.
AUSTRALIAN CONSUMER WARRANTIES:
If this Agreement constitutes a supply of goods or services to a consumer as
defined in the Australian Trade Practices Act 1974 or relevant legislation
in force in Australian States or Territories ("the Acts") nothing
contained in this Agreement excludes, restricts or modifies any condition,
warranty, right or remedy pursuant to which the Acts are applicable or is
conferred on the Client where to do so is unlawful, in which event about-australia.com's
liability (or the liability of any of its affiliates) for any breach of this
Agreement, including any liability for consequential loss which the Client
may suffer or incur will be limited as about-australia.com may elect in its
sole discretion, in the case of services supplied or offered by about-australia.com,
to either (a) the supplying of the services again; or (b) the payment of
the cost of having the services supplied again or, in the case of goods supplied
or offered by about-australia.com, (c) the replacement of the goods or the
supply of equivalent goods, (d) the repair of such goods, (e) the payment
of the cost of replacing the goods or acquiring equivalent goods, or (f)
the payment of the cost of having the goods repaired.
NO USE OF THE ABOUT-AUSTRALIA.COM NAME:
In consideration of about-australia.com's review for acceptance of any advertising
for publication, the Client agrees not to make promotional or merchandising
reference to "about-australia.com" or any of about-australia.com's
affiliates in any way except with the express written authorisation of about-australia.com
in each instance.
GENERAL PROVISIONS:
These Standard Terms and Conditions for Advertisers embody the entire agreement
between the parties and supersede all prior and contemporaneous agreements,
arrangements and understandings between the parties with respect to its subject
matter. All existing advertising agreements between the parties (if any)
are by agreement of the parties hereby terminated and of no further legal
effect except for any provisions in such agreements which are expressed to
survive termination or expiration. These Standard Terms and Conditions for
Advertisers are governed by the laws of the State of Queensland. The Client
consents to the non-exclusive jurisdiction and venue of courts of Queensland
for all disputes arising out of or relating to this agreement. This agreement
does not create a joint venture, partnership, employment, or agency relationship
between about-australia.com and the Client. about-australia.com will not
be taken to have waived or modified any of term of the Advertising Agreement
except by an express statement in a document signed by a duly authorised
representative of about-australia.com. The Client may not assign any of its
rights in this Advertising Agreement without the prior express written consent
of about-australia.com. This Agreement, including any of about-australia.com's
rights or obligations under it may be assigned by about-australia.com on
notice to the Client, provided that the relevant assignee undertakes to perform
all of about-australia.com's obligations herein. If any provision of these
Standard Terms and Conditions for Advertisers is found invalid or unenforceable
pursuant to judicial decree or decision, the remaining provisions will remain
valid and enforceable, and the unenforceable provisions will be taken to
be modified to the extent necessary to make them enforceable. about-australia.com
may send electronic mail to the Client for any notices or notifications.
All notices to about-australia.com relating to any legal claims or matters
must be made in writing to Director of Business Affairs, About Australia
Online Pty Limited, Po Box 7549 Gold Coast Mail Centre, Bundall, Qld. 4217
