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These terms ('Terms') apply to all advertising services provided to any person ('Customer') by Countrywide Media Pty Ltd (CWM) ABN 30 086 202 093.
1. Publication of Advertising
1.1 Subject to these Terms, CWM will use its reasonable endeavours to publish advertising submitted by Customers (‘Advertising?/B>) in the format submitted by the Customer and in accordance with the placement instructions of the Customer. ‘Advertising?includes images submitted for publication.
1.2 CWM may, in its discretion and without further cost to the Customer, re-publish Advertising in other CWM publications and media. For example, CWM may publish print Advertising on-line, or vice versa. Customer warrants CWM is entitled to publish the Advertising anywhere in the world in any medium.
2. Right to Refuse or Withdraw Advertising
2.1 Neither these Terms nor any written or verbal quotation by CWM represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between CWM and a Customer when CWM 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, CWM 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 CWM).
3. Right to Vary Format and Placement
3.1 CWM reserves the right;
3.2 CWM will endeavour to notify the Customer of any such changes. However, except in accordance with clause 12, CWM will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from CWM’s failure to publish Advertising in accordance with a Customer’s request.
4. Submission of Advertising
4.1 Customer warrants to CWM that the Advertising does not breach or infringe:
4.2 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.
4.3 Customer warrants that any Advertising of a financial service complies with the relevant legislation and its publication by CWM does not give rise to any breach by CWM under that legislation.
4.4 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.
4.5 If, in CWM’s opinion, a Customer submits Advertising that looks like editorial material, CWM may publish the Advertising under the heading ‘Advertising?and with a border distinguishing it from nearby editorial.
4.6 The Customer must collect Advertising material submitted to CWM immediately after publication. CWM 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 CWM’s negligence).
4.7 If the Customer submits Advertising material electronically, the material must comply with CWM specifications. CWM may reject the Advertising material if it is not submitted in accordance with such specifications.
5. Errors
5.1 The Customer must promptly:
5.2 CWM does not accept responsibility for any errors in print Advertising placed over the telephone.
5.3 CWM does not accept responsibility for any errors in Advertising material received electronically from third parties.
5.4 If a Customer wishes to make a claim on CWM for credit, re-publication or any other remedy in respect of Advertising, the Customer must send the claim in writing to CWM no later than 25 days after the date of the tax invoice or date of publication of the Advertising (whichever is earlier).
5.5 CWM will only investigate complaints during normal office hours (8.30am to 5pm, Monday to Friday excluding public holidays).
6. Advertising Rates and Taxes
6.1 The customer must pay for advertising in accordance with the rates as specified on CWM’s website (and, unless otherwise agreed, at the casual or basic rate). These rates:
6.2 The Customer must pay an additional amount equal to any Taxes payable by CWM in respect of Advertising. CWM will provide Customers with a tax invoice or adjustment note (as applicable) in a compliant form for GST purposes.
6.3 The Customer’s eligibility for discounts and rebates will be based on the Customer’s GST-exclusive Advertising spend, which will be subsequently adjusted for applicable GST.
7. Credit
7.1 CWM may grant, deny or withdraw credit to a Customer at any time in its discretion.
7.2 The Customer must ensure that its Customer account number is available only to those of its employees authorised to use it. The Customer acknowledges that it will be liable for all Advertising requested with the quotation of the Customer’s account number.
8. Payment
8.1 The Customer must pay for Advertising:
8.2 The Customer must pay:
9. Failure to Pay and other Breach
9.1 If a Customer fails to pay for Advertising in accordance with clause 8 or if a Customer suffers an Insolvency Event as defined in clause 9.2, CWM may (in its discretion and without limitation):
9.2 A Customer suffers an ‘Insolvency Event?/B> if:
9.3 CWM reserves the right to withhold any discounts or rebates if the Customer fails to comply with its payment obligations.
9.4 A written statement of debt duly signed by an authorised employee of CWM shall be prima facie evidence and proof of the amount owed by the Customer to CWM.
10. Liability
10.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of CWM in connection with the Advertising.
10.2 CWM 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?/B>).
10.3 CWM limits its liability:
10.4 Subject to clauses 10.2 and 10.3, CWM 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 any Advertising published by CWM, whether that liability arises in contract, tort (including by CWM’s negligence) or under statute. Without limitation, CWM will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
10.5 The Customer indemnifies CWM and its officers, employees, contractors and agents (the ‘Indemnified?/B>) 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.
11. Privacy
11.1 CWM collects a Customer's information to provide the Advertising services to the Customer and for invoicing purposes. CWM may disclose this 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, CWM may disclose personal information to debt collection agencies to recover the amount due.
11.2 Customers may gain access to their personal information by writing to the CWM Privacy Officer at GPO Box 2466, Melbourne, 3001. More information about privacy and accessing personal information is in CWM's privacy policy which is accessible at www.cwmedia.com.au.
12. General
12.1 These Terms represent the entire agreement of the Customer and CWM in relation to Advertising and cannot be varied except in writing by an authorised officer of CWM. No purchase order or other document issued by the Customer will vary these Terms.
12.2 CWM will not be liable for any delay or failure to publish Advertising caused by a factor outside CWM’s reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
12.3 CWM may service 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.
12.4 These Terms are governed by the laws of the state of:
Each party submits to the non-exclusive jurisdiction of the courts of the relevant State.
13. Disclosure of Information
The applicant hereby authorizes Countrywide Media Pty Ltd to make any enquires or disclose any information concerning my credit, from or to any person or source authorised under the Privacy Act 1988 and the applicant agrees to a credit provider being given a consumer credit report to collect overdue payments on commercial credit (section 18K 1(h) Privacy Act 1988).
I/We agree that Countrywide Media Pty Ltd may obtain a consumer credit report about me/us from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owned by me/us.
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