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) 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) on the Account Signup Form and as part of the link or banner placement process (if applicable) and any commercial discounts applied in favour of specific Clients that advertise in the About Australia website. All of these documents are referred to collectively as the "Advertising Agreement".
In order to participate in About Australia’s advertising programs you must agree to these terms and conditions before activating 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. Please read these Terms and Conditions carefully before registering for and/or using About Australia’s advertising Programs.
If you do not agree to the Terms and Conditions, please do not register for or use About Australia'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 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 whether in conflict with or in addition to these Standard Terms and Conditions for Advertisers.
Orders which quote rates other than About Australia's then current or quoted rates will not be binding on About Australia (unless approved by About Australia on the relevant Advertising Sales Booking Form), and will be deemed requests for advertising on the terms of this Advertising Agreement at About Australia’s then current rates.
SUBMITTED CONTENT
The Client represents and warrants to About Australia that it is fully authorised to publish the entire contents and subject matter of all advertisements or integration content submitted to About Australia (including, without limitation, all text, graphics, icons, photographs, materials provided to About Australia 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 is not the promoter
ii) will ensure that the advertisement does not imply that About Australia 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 and hold About Australia 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
About Australia’s control and could result in a breach of security. Accordingly, About Australia cannot guarantee that your data information will be free from corruption or piracy. You hereby expressly waive any claim against About Australia 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
DELIVERY
About Australia 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 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 shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure. About Australia 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’s advertising and production rates are subject to change at About Australia's sole discretion. About Australia 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 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 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's then current advertising and production rates and amended thereafter as notified by About Australia 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. In the event that the Client breaches their confidentiality obligations to About Australia, About Australia 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 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 website containing the advertisement or integrated content. About Australia may test all relevant URLs, and may remove any URLs which in About Australia's sole unfettered opinion fail to comply with the any of the above requirements at any time.
PAYMENT
By submitting an order for advertising in any area of the site or in the form of a written order to About Australia, 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 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.
Feature Priority Listing: The Client will be required to facilitate payment prior to publishing of any advertising. Display Advertising: The Client will be invoiced at the end of each month. Payment is due 30 days from invoice date.
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's services which are the subject of these Standard Terms and Conditions for Advertisers are provided without warranties of any nature, and About Australia 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 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 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'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 may elect in its sole discretion, in the case of services supplied or offered by About Australia, 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, (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 ABOUTAUSTRALIA.COM.AU NAME:
In consideration of About Australia 's review for acceptance of any advertising for publication, the Client agrees not to make promotional or merchandising reference to "aboutaustralia.com.au" or any of About Australia 's associated domains or affiliates in any way except with the express written authorisation of About Australia 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 and the Client. About Australia 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. The Client may not assign any of its rights in this Advertising Agreement without the prior express written consent of About Australia. This Agreement, including any of About Australia's rights or obligations under it may be assigned by About Australia on notice to the Client, provided that the relevant assignee undertakes to perform all of About Australia’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 may send electronic mail to the Client for any notices or notifications. All notices to About Australia relating to any legal claims or matters must be made in writing to Director of Business Affairs,
About Australia Online Pty Limited,
3/11 Station Street Nerang,
Queensland. 4211
