Advertising | Terms & Conditions

Advertising | Terms & Conditions

Advertising | Terms & Conditions

Terms & Conditions


Advertising Terms


These terms apply to all advertising provided to any person (Customer)
by Ripefruit Media Limited ABN 79 118 342 788 or a subsidiary (OnlyMelbourne).
Customer includes an advertiser on whose behalf
Advertising is placed and any media company or agency that arranges
the Advertising for its clients.
1. Publication of Advertising
1.1 Subject to these Terms, Ripefruit will use its reasonable
endeavours to publish advertising (Advertising)
in the format and in the position agreed with the Customer.
Advertising includes images submitted for publication and content
or information relating to published Advertisements.
1.2 Customer grants Ripefruit a worldwide, royalty-free,
non-exclusive, irrevocable licence to publish the Advertising online or by email. Customer warrants that it is authorised to
grant Ripefruit the licence in this clause 1.
2. Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by
Ripefruit represents an agreement to publish Advertising. An agreement
will only be formed between Ripefruit and Customer when Ripefruit
accepts the Advertising in writing or generates a tax invoice for
that Advertising.
2.2 Ripefruit 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 Ripefruit).
3. Right to vary Format, Placement or Distribution
3.1 Ripefruit will use reasonable efforts to publish Advertising in
the format and in the position requested by the Customer. However,
Ripefruit reserves the right to vary the placement of Advertising
or to change the format of Advertising.
3.2 Except in accordance with clause 12, Ripefruit will not be
liable for any loss or damage incurred by a Customer arising from
Ripefruit's failure to publish Advertising in accordance with a
Customer's request.
3.3 If Ripefruit changes the configuration for a publication, Ripefruit reserves the right to shrink or enlarge the Advertising by
up to 10% without notice to Customer or any change to rates.
4. Submission of Advertising
4.1 Customer warrants to Ripefruit that the publication of the
Advertising does not breach or infringe:
(a) the Competition and Consumer Act (Cth) or equivalent
State legislation;
(b) any copyright, trade mark, obligation of confidentiality or
other personal or proprietary right;
(c) any law of defamation, obscenity or contempt of any court,
tribunal or royal commission;
(d) State or Commonwealth privacy legislation or
anti-discrimination legislation;
(e) any financial services law as defined in the Corporations
Act 2001
(Cth); or
(f) any other law or applicable code (including any common law,
statute, delegated legislation, rule or ordinance of the
Commonwealth, or a State or Territory).
4.2 Customer warrants that if Advertising 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 Advertising containing contact details for the Customer must
contain the full name and street address of the Customer.
4.4 Advertising submitted electronically must comply with
Ripefruit's specifications. Ripefruit may reject the Advertising
material if it is not submitted in accordance with such
specifications.
4.5 If Customer is a corporation and the Advertising contains the
price for consumer goods or services, Customer warrants that the
Advertising complies with the component pricing provisions of the
Competition and Consumer Act (Cth) and contains, as a
single price, the minimum total price to the extent quantifiable at
time of the Advertising.
4.6 Customer must not resell Advertising space to any third party
without Ripefruit's consent.
4.7 If Advertising promotes a competition or trade promotion,
Customer warrants it has obtained all relevant permits and
indemnifies Ripefruit against any loss in connection with the
Advertising.
5. Online Advertising
5.1 For Featured Event Advertising, Customer must
submit creative materials and a clickthrough URL to Ripefruit at least
2 working days or within such
other deadline advised by Ripefruit at its discretion before
publication. Ripefruit may charge Customer for advertising
cancelled on less than 7 days notice.
5.2 All Advertising must comply
with Ripefruit's advertising specifications.
5.3 Ripefruit is not liable for loss or damage from an internet or
telecommunications failure.
5.4 Customer acknowledges that Ripefruit
includes additional features such as third party
advertisements within Featured Advertising.
6. Errors
6.1 Customer must promptly check Advertising Listings and notify Ripefruit of any
errors.
6.2 Ripefruit does not accept responsibility for any errors
submitted by the Customer or its agent.
6.3 Customer must send any claim for credit or republication in
writing to Ripefruit no later than 7 days after the date of
publication of the Advertising.
7. Advertising Rates and GST
7.1 The Customer must pay for Advertising at the advertised ratecard rate. Ratecard rates may be varied at
any time by Ripefruit without notice. Ripefruit will provide a tax invoice (if requested).
8. Payment
8.1 The Customer must pre-pay for Advertising.
8.2 If Customer fails to provide the copy by
the requested publication date, Customer will be charged unless a cancellation
is approved by Ripefruit. If Ripefruit accepts Advertising after the
deadline, it will be deemed out of specification. Customer has no
claim against Ripefruit for credit, republication or other remedy for
out of specification Advertising.
8.3 Customer must pay the full price for Advertising even if Ripefruit varied the placement of the Advertising or if
there is an error in the Advertising, unless the error was Ripefruit's
fault. Customer must pay its electronic transmission costs.
9. Liability
9.1 The Customer acknowledges that it has not relied on any
advice given or representation made by or on behalf of Ripefruit in
connection with the Advertising.
9.2 Ripefruit excludes all implied conditions and warranties from
these terms, except any condition or warranty (such as conditions
and warranties implied by the Competition and Consumer Act
and equivalent State acts) which cannot by law be excluded (Non-excludable Condition).
9.3 Ripefruit limits its liability for breach of any
Non-Excludable Condition (to the extent such liability can be
limited) and for any other error in published Advertising caused by
Ripefruit to the re-supply of the Advertising or payment of the cost
of re-supply (at Ripefruit's option).
9.4 Subject to clauses 9.2 and 9.3, Ripefruit excludes all other
liability to the Customer for any costs, expenses, losses and
damages incurred in relation to Advertising published by Ripefruit,
whether that liability arises in contract, tort (including by
Ripefruit's negligence) or under statute. Without limitation, Ripefruit
will in no circumstances be liable for any indirect or consequential
losses, loss of profits, loss of revenue or loss of business
opportunity.
9.5 The Customer indemnifies Ripefruit and its officers,
employees, contractors and agents (the Indemnified)
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.
10. Privacy
10.1 Ripefruit collects a Customer's IP information to
provide the Advertising to the Customer and for invoicing purposes.
10.2 Customers may gain access to their IP information by
writing to the Privacy Officer, PO Box 12728, Franklin Street
Melbourne VIC 8006. Ripefruit's privacy policy is at www.ripefruit.com.
11. Confidentiality
11.1 Each party will treat as confidential, and will procure that
its advertising agents, other agents, and contractors (Agents)
treat as confidential and will not disclose, unless disclosure is
required by law:
(a) the terms of this Agreement (including terms relating to
volumes and pricing);
(b) information generated for the performance of this Agreement,
including all data relating to advertising schedules, booked advertising, prices or volumes;
(c) any other information that ought in good faith to be treated
as confidential given the circumstances of disclosure or the nature
of the information;
(d) any information derived wholly or partly for any information
referred to in (a) to
(c) above;
Each party agrees to take all reasonable precautions to prevent
any unauthorised use, disclosure, publication or dissemination of
the confidential information by or on behalf of itself or any third
party.
12. General
12.1 These Terms, with any other written agreement, represent the
entire agreement of the Customer and Ripefruit for Advertising. They
can only be varied in writing by an authorised officer of Ripefruit.
No purchase order or other document issued by the Customer will vary
these Terms.
12.2 Ripefruit will not be liable for any delay or failure to
publish Advertising caused by a factor outside Ripefruit'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 Ripefruit may serve notice on Customer by post or fax to the
last known address of the Customer.
12.4 These Terms are governed by the laws of the State in which
the billing company for the Advertising is located and each party
submits to the non-exclusive jurisdiction of that State.


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