These terms and conditions shall apply to all Advertisements submitted to and accepted by the Publisher for publication in the AOF. An Advertisement submitted to the Publisher shall not be deemed to have been accepted unless and until it is either confirmed in writing by the Publisher or the advertising campaign commences and the first Advertisement appears in the AOF. By submitting an Advertisement to AOF, the Customer agrees to be bound by these terms and conditions as principal, even if it is acting as agent or buyer for the actual advertiser. A Customer’s standard terms and conditions of purchase or other standard terms and conditions shall not apply. Throughout these terms and conditions, the term AOF, Australian Over Fifties Living & Lifestyle Guide and Publisher are use interchangeable and the case of one term includes all other two terms.
In these terms and conditions the following definitions shall apply: "Advertisement" means an advertisement published, reproduced or inserted in AOF pursuant to an Advertisement Order; "Advertisement Order" means any order submitted to AOF for the publication, reproduction or insertion of Material in AOF "Customer" means the person who submits the Advertisement Order even if it is acting as agent or buyer for the actual advertiser; "AOF” means Australian Over 50s Living & Lifestyle Guide, published by DeCalais Consultants Pty Ltd. ABN 51139753361; “Publisher” means DeCalais Consultants Pty Ltd. ABN 51139753361 "Material" means any advertising material/copy, artwork, photographs or other material provided or to be provided by the Customer in connection with the Advertisement Order, "Rate Card" means the rate card of AOF in effect for the time being.
2.1 The Customer hereby undertakes and warrants and represents to AOF that: (a) all information and Material supplied to the Publisher is true, accurate and not misleading, and nothing contained in it is liable to bring AOF or the Publisher into disrepute; (b) the Material is not obscene, defamatory or libellous and it will not infringe the intellectual property rights , copyrights, trademarks or any other rights (including any right of privacy or confidentiality) of any third party; (c) the Material complies with all applicable legislation, rules, ordinances and codes of practice in the countries in which the Material is to be published; and (d) the customer has all necessary rights, licenses and consents (including where necessary regulatory consents and consents from persons or entities cited or quoted in the Material) needed to permit the Publisher to use, display, reproduce, insert or publish the Material pursuant to the Advertisement Order.
2.2 The Customer shall indemnify the Publisher and AOF and keep AOF and the Publisher indemnified against all losses, damages, expenses (including legal expenses), charges or other costs including any settlement payments suffered or incurred by the Publisher as a result of a breach, or alleged breach, of any of the warranties contained in clause 2.1 above.
2.3 Indemnity By submitting or authorising the submission of an Advertisement for publication or Advertising, the Customer indemnifies Australian Over 50s Living & Lifestyle Guide and the publishers and its employees, officers and agents against any proceedings, demands, losses, costs (including legal costs on a full indemnity basis), damages and other liabilities of any nature taken, made or awarded against or incurred by Australian Over 50s Living & Lifestyle Guide or the publisher and/or its employees, officers and agents in connection with the Advertisement or any Advertising.
We know that our advertising in the Australian Over 50's Living & Lifestyle Guide works because we consistently get orders for our meals from the advertisement.
a) Australian Over 50s Living & Lifestyle Guide does not guarantee that the Customer’s product featured in an Advertisement will be the only product of that type featured in Advertisements on any one page. Australian Over 50s Living & Lifestyle Guide will not be responsible or liable to the Customer in any way if the Customer’s request cannot be granted, or the product featured in the Customer’s Advertisement is not the only product of that type featured in Advertisements on any one page.
b) Online Advertising will be published via internet accessible Advertisement serving software (“Software”). Australian Over 50s Living & Lifestyle Guide makes no warranties of any kind, whether express or implied of the fitness of this Software for a particular purpose. Australian Over 50s Living & Lifestyle Guide shall not be liable for any loss, damage, or expense incurred in connection with Australian Over 50s Living & Lifestyle Guide’s use of the Software, including without limitation, for any technical malfunction, computer error or loss of data or other injury, damage or disruption of any kind other than as a result of Australian Over 50s Living & Lifestyle Guide’s gross negligence or fraud.
4.1 The Publisher shall not be liable to the Customer in contract, tort (including negligence) or otherwise for any indirect loss of profits, business, contracts, orders, revenue, goodwill or anticipated savings or for any special or consequential loss or damage or special or exemplary damage suffered by the Customer or any other person, even if such loss or damages are foreseeable and whether or not Australian Over 50s Living & Lifestyle Guide had been advised of the possibility thereof.
4.2 The liability of the Publisher in respect of any and all claims (whether in contract or tort) arising out of or in connection with an Advertisement or Advertisement Order shall not exceed the amount the Customer has paid AOF / and or the Publisher in connection with that Advertisement or Advertisement Order (including from any errors or inaccuracies however caused, whether by negligence, system, software or press failure, mistake, mis-classifications, early, late or non-insertion of Advertisements, or loss or delay in the delivery of replies) will be limited to an amount equal to the cost of the space of the relevant Advertisement, provided that if the Customer does not advise Australian Over 50s Living & Lifestyle Guide of any error within five days of publication of the Advertisement Australian Over 50s Living & Lifestyle Guide will have no liability whatsoever.
4.3 The Publisher shall not be liable for any loss of any Material, however caused.
4.4 It is the Customer's responsibility to ensure that all Advertisements are correct, accurate and not misleading. The Publisher accepts no responsibility for any errors in an Advertisement.
4.5 The services provided hereunder are provided "as is". Except as otherwise expressly provided herein, the Publisher makes no warranties of any kind, either express or implied, including, but not limited to, warranties of satisfactory quality, accuracy or fitness for a particular purpose.
4.6 The Publisher agrees to use its reasonable endeavours to run requested positions of Advertisements in the AOF, which have been agreed by it in writing, but is unable to guarantee this.
4.7 The Publisher will use all reasonable endeavours to reproduce the Customer’s trademarks and logos featured in Advertisements correctly in accordance with written instructions given to it, but is unable to guarantee this.
4.8 Except as otherwise expressly provided herein, all conditions, warranties, terms, prior representations, and undertakings express or implied, statutory or otherwise in respect of the services provided hereunder are to the fullest extent permitted by law expressly excluded.
4.9 The Publisher is not responsible for errors made in any Advertisement that result from changes or alterations made by the Publisher at the Customer's request.
4.10 The Customer is responsible for promptly reviewing any advertisement upon the first publication and notifying the publisher in writing, within one week of the publication date, of any errors in the published advertisement. The publisher is not responsible for more than one incorrect advertisement published. Refunds will not be given for any errors except for full omission of an advertisement. For other errors that were the fault of the Publisher, a full or partial credit will be given to the advertiser depending upon the circumstances of the error. Such credits can be applied towards future advertising.
4.11 Australian Over 50s Living & Lifestyle Guide will not be liable to the Customer or any other person for any loss of whatever kind suffered as a result of Other Advertising, or an Advertisement not being available for publication or not published where such loss arises from any cause beyond its control.
4.12 Any loss suffered as a result of any partial or total breakdown of Australian Over 50s Living & Lifestyle Guide’s operation or network, any technical malfunction, computer error or loss of data is deemed to be an event beyond Australian Over 50s Living & Lifestyle Guide’s control. Should such an event occur, Australian Over 50s Living & Lifestyle Guide will take responsibility to resurrect sites and links, and the Customer has the right to cancel the particular contract for the affected advertising at no penalty if such an occurrence results in the site being down for more than 7 working days (working days being Monday to Friday inclusive, but excluding statutory holidays). In addition, Australian Over 50s Living & Lifestyle Guide will not be liable to the Customer for any error or inaccuracy in Advertisements placed by telephone.
Unless otherwise stated by Australian Over 50s Living & Lifestyle Guide, advertising rates are quoted exclusive of GST and the Customer will pay GST in addition to such rates.
6.1 Unless otherwise agreed by the Publisher in writing, the Publisher shall invoice the Customer in advance of publication for all amounts as they become due. Invoices must be paid within 7 days of date of such invoice.
6.2 The Publisher may charge interest on all sums outstanding beyond the date on which they are due for payment. Interest may be charged on that basis from the due date of payment until the actual date payment is paid at the rate of 8% simple interest per annum calculated daily.
6.3 Where applicable, all applicable taxes, including without limitation GST and taxes on advertising space, will be the responsibility of the Customer and shall be paid in addition by the Customer.
6.4 The Publisher reserves the right to change the rates in the Rate Card at any time. The then current prevailing Rate Card is available to Customers on request.
6.5 The Customer must pay Australian Over 50s Living & Lifestyle Guide for Advertisements: a) in accordance with the rates set out in the relevant rate cards which may be varied at any time by Australian Over 50s Living & Lifestyle Guide without notice, unless otherwise agreed in writing by Australian Over 50s Living & Lifestyle Guide; b) by prepayment, if so required by Australian Over 50s Living & Lifestyle Guide; c) if payment is agreed by Australian Over 50s Living & Lifestyle Guide to be on account, on the credit terms supplied by Australian Over 50s Living & Lifestyle Guide to the Customer; and d) on the basis of booked space or advertising material, whichever is larger provided that if the actual space is reduced during printing, Australian Over 50s Living & Lifestyle Guide will not be liable to the Customer for any credit for such reduction.
If the Customer requires any creative, production, programming, or other services (“Production Services”) from Australian Over 50s Living & Lifestyle Guide, the Customer must pay Australian Over 50s Living & Lifestyle Guide additional charges for such services, as notified in writing to the Customer by Australian Over 50s Living & Lifestyle Guide at the time or shortly after the Customer requests the Production Services. Australian Over 50s Living & Lifestyle Guide may charge the Customer for these Production Services on a case by case basis.
7.1 The Advertiser authorises the Publisher to dispose of any Materials supplied to the Publisher relating to an Advertisement (including illustrations, copy, photographs, artwork, and press-ready PDF digital files) following publication of an advertisement. The Publisher is not required to retain or return to the Advertiser any such materials.
7.2 AOF owns and retains all copyright and other intellectual property rights in relation to any Advertisements produced by AOF or any materials provided by AOF for use in an Advertisement. The Customer obtains no rights in relation to those advertisements produced by AOF or in relation to content from AOF. This clause does not in any way derogate from the Customer’s obligations or liabilities in relation to such Advertisements.
7.3 AOF may agree at its discretion to provide proofs to the Customer but only where so requested by the Customer prior to relevant deadlines.
7.4. Colour shown on any proof is an indication only. Final print colours may vary with the print process and stock variations.
7.5. Where AOF fails to provide a requested proof in accordance with clause 7, and the published advertisement substantially conforms to the copy provided by the Customer, then the Customer is liable to pay the full cost of the Advertisement.
Pay If any payment is not received by Australian Over 50s Living & Lifestyle Guide on or before the date that such payment is due, or if the Customer commits an act of bankruptcy, or is unable to pay its debts as and when they fall due, enters into any arrangement with its creditors other than in the ordinary course of business, passes a resolution for administration, winding up or liquidation, has a receiver, manager, liquidator or administrator appointed to any of its property or assets or any petition is presented for its winding up, Australian Over 50s Living & Lifestyle Guide may - a) cancel any provision of credit to the Customer; b) immediately and without notice, suspend or cancel all Advertising orders of the Customer and terminate any agreement in relation to Advertising not yet published; c) require cash pre-payment for any further Advertising; d) impose interest at the rate of 8% simple interest per annum calculated on a daily basis on all sums that remain unpaid until full payment is received; e) take proceedings against the Customer for any outstanding amounts; f) recover from the Customer all costs incurred by Australian Over 50s Living & Lifestyle Guide in the recovery of any amount owed by the Customer including any mercantile agency costs and legal costs on a full indemnity basis; g) and exercise any other rights at law.
9.1 Once an Advertisement Order has been accepted, a Customer can only cancel or alter the Advertisement Order within 4 weeks of the date of the Advertsiment order provided 2 weeks remain before print date. Otherwise the written consent of the Publisher is required for any cancellation or alteration. If such consent is not granted, then the Customer will be liable for all sums due to the Publisher under the Advertisement Order.
9.2 If the Customer had contracted for more than one Advertisement and was given a discounted rate for the series of advertisements, and then cancelled any of the advertisements then any discounts so given will be payable by the customer within 7 days or at the discretion of the Publisher may be adjusted from the amounts to be refunded to the advertiser as if only one insertion had been contracted for.
9.3 If a cancellation is accepted and the Publisher carries out design work on behalf of the customer, the customer will be liable to pay the publisher 50% of the advertising fee or $495.00 whichever is higher as compensation for the design work carried out by the publisher.
9.4 An administration charge of $50 is applicable to all cancellations.
9.5 The failure by the customer to provide Materials by a date specified by AOF or failure to respond to communication or correspondence from AOF does not constitute cancellation of the Advertisement order.
10.1 The Customer hereby grants the Publisher all rights that the Publisher requires to fulfill the Advertisement Order.
10.2 The Publisher may either (as it shall choose at its discretion) refuse or require to be amended any Material relating to an Advertisement that does not comply with the Publisher’s standards or which, in the reasonable opinion of the Publisher, is or may be, defamatory, obscene, illegal, infringe the intellectual property rights or other rights of a third party or fail to comply with any relevant legislation or code of practice or formal or implicit standards of the Publisher.
10.3 The Publisher reserves the right to place the word "Advertisement" or “Advertorial” in any Advertisement containing Material, which in the Publisher's opinion resembles editorial matter. Such Advertisements must additionally conform to the Publisher's guidelines concerning advertising that resembles editorial matter (Advertisement Features, Advertorial) that are available to the Customer on request.
10.4 The Publisher shall not be liable for delay or failure caused by acts of God, suppliers, contractors, distributors, any government, flood, insurrection, embargo, strikes whether legal or illegal or other contingencies beyond the Publisher's control.
10.5 The publisher may change the publication date without notice and at its sole discretion without attributing any reason and the publisher shall not be liable for any damage or loss whatsoever that a customer may suffer because of such change in publication date.
10.6 The Customer shall provide the Publisher with all necessary Material by any date stipulated by the Publisher. If the Customer fails to provide such Material by such date then the Publisher does not guarantee to fulfill its obligations under the Advertisement Order and accepts no liability for a failure to do so. This is in addition to the Publisher’s rights under clause 4 above.
10.7 If any provision of these terms and conditions is held for any reason to be ineffective or unenforceable in whole or in part this shall not affect the validity or enforceability of the other terms and conditions set out herein. 10.8 No waiver by the Publisher of any breach of these terms and conditions will be treated as a waiver of any subsequent breach of the same or any other provision.
10.9 Variations to these terms and conditions will only be effective if made in writing and signed by an authorised representative of the Publisher.
10.10 These terms and conditions shall be governed by and construed in accordance with the laws of Australia without regard to the principles of conflict of laws. The parties hereto submit to the exclusive jurisdiction of the Australian courts.
In addition to these Terms and Conditions the Customer acknowledges that all Advertising, including the conditions of payment, delivery and changes to or cancellation of such Advertising, will be in accordance with and subject to any specific conditions notified to the Customer or generally published by Australian Over 50s Living & Lifestyle Guide from time to time, including on the relevant Australian Over 50s Living & Lifestyle Guide website.