Advertising – Terms and Conditions

DEFINITIONS:

The following expressions shall have the following meanings:

  • “Agreement” means the contract between the Company and the Client for the provision of services incorporating these terms and conditions and the Advertising Booking Form;
  • “Client” means any person who purchases products or services from the Company, including but not limited to its subcontractors and agents;
  • “Company” means Wavelength Group Pty Ltd;
  • “Terms and Conditions” means the terms and conditions as set out in this document and any subsequent terms and conditions agreed to in writing by the Company; and
  • “Website” means www.scone.com.au

ACCEPTANCE OF ADVERTISING:

1.1: The Company may, in its absolute discretion, refuse advertising for any reason.
1.2: Any political or election materials must be approved by the relevant regulatory body prior to those materials being provided to the Company. The Company may request the Client provide written evidence of approval by the relevant regulatory body.
1.3: Advertising that requests money be sent to a post office box number will not be accepted for publication.
1.4: The Company may, in its absolute discretion and without the Client’s consent, enclose the Client’s advertisement with a boarder and use the word ‘advertisement’ or ‘advertorial’ to be clear the material is advertising and not editorial content.

INDEMNITY AND LIABILITY:

2.1: The Client warrants that its advertising does not breach any laws or infringe the rights of any third party.
2.2: The Client indemnifies the Company against all damages, costs, expenses, claims, demands and loss of any kind that the Company may suffer or incur (including in connection with a third-party claim brought or threatened against the Company) which arise in connection with the publishing of the Client’s advertising.
2.3: To the extent permitted by law, the Company excludes all liability to the Client (and anyone claiming through the Client) for loss of profits, opportunity, revenue, pure economic loss, goodwill, business or anticipated savings, expectation loss or any indirect, consequential, special, punitive or exemplary loss or damage, even if such loss arose naturally, was foreseeable or was contemplated by the parties in relation to the events giving rise to the liability.
2.4: Subject to clause 2.5, without limiting 2.3 and to the extent permitted by law, the total aggregate amount of the Company’s liability arising under or in connection with the Agreement is limited to the charges paid to the Company for the advertising giving rise to the liability.

PAYMENT:

3.1: Payment in full for the advertisement must be received in cleared funds by the Company prior to the advertisement being published.
3.2: All payments are not refundable if the advertisement is withdrawn at any stage of the publishing process.

PROOFS:

4.1: If the advertisement is created on behalf of the Client by the Company, a proof will be provided to the Client prior to publication.
4.2: The Client must provide written approval of the proof.
4.3: The full name, address and contact details of the Client must be provided on the Booking Form. The proof will be provided to the person listed in the Booking Form unless otherwise specified by the Client in writing.

SPECIFICATIONS:

5.1: Any materials supplied by the Client must conform with specifications imposed by the Company.
5.2: The Client is responsible for ascertaining the specifications, which may change at any time without notice.

RETENTION OF ADVERTISING MATERIALS:

6.1: The Company is in no way responsible for retaining the whole, or any part of the advertising materials of the Client.
6.2: The Client acknowledges the Company accepts no responsibility for the storage or return of any advertising materials.

 

ERRORS:

7.1: The Client is responsible for notifying the Company in writing immediately if there are any errors in the advertisement.
7.2: The Client is responsible for ensuring the Company is aware of the error immediately, and has received written acknowledgement from the Company that the Client has made them aware of the error.
7.3: The Company shall not be liable to the Client (or any party claiming through the Client) for any errors being published that:

  • were not solely due to the Company;
  • Existed in the proof that the Client approved in writing; or
  • republished by any other party.

ADVERTISING PLACEMENT AND PREFERENCES:

8.1: The Company reserves the right to change the placement and Client preferences for the advertising at any stage during the publication process without the Client’s consent.
8.2: Any liability of the Company for publishing advertisements not in accordance with the preferences or instructions of the Client will be limited to crediting the Client with similar value advertising.

INTELLECTUAL PROPERTY

9.1: The Client agrees that the Company retains the intellectual property rights for any materials prepared by the Company for advertising and the Client cannot use these materials for any purpose other than for advertising with the Company.

WEBSITE

10.1: You acknowledge and agree that:

(a) the Website may not be free from fault, interruption or external intrusion; and

(b) notwithstanding any other term of this Agreement, the Company excludes all liability to the Client in connection with any security incidents (including any form of hacking) and any interruption of the Website for any reason whatsoever.

Other related information:

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