Advertising Terms and Conditions
THIS AGREEMENT WAS LAST UPDATED February 2013
These are the terms and conditions for placing advertisement with Physical Activity Australia (PAA). By advertising, you are agreeing with PAA to be bound by all the terms and conditions, including all amendments to them which are published on this site from time to time. A list of Publications and Definitions can be found at the end of this document.
GENERAL TERMS & CONDITIONS
1. Using the PAA advertising Service
a. When using the Service, you agree to abide by these Terms & Conditions.
b. You are responsible for all fees and charges You incur when accessing and using the Service. These may include the fees and charges of internet service providers, telecommunications carriers and other third parties.
c. PAA may modify these Terms & Conditions from time to time. It is Your responsibility to remain familiar with these Terms & Conditions and to understand the changes. Notification of changes these Terms & Conditions will be posted on the Service or sent via electronic mail, as we may determine in our discretion acting reasonably. If You do not agree to any modifications, You should terminate Your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes to these Terms & Conditions, will constitute a binding acceptance by You of these Terms & Conditions, or any subsequent modifications.
d. Fraudulent use of a credit card by You will automatically absolve PAA from any liability. PAA will co-operate with any law enforcement agency with respect to the fraudulent use of the credit card and provide all relevant details pertaining to Your transactions conducted on this Service. At the time of notification of the fraudulent activity, all Advertisements charged to the notified credit card will be cancelled immediately.
b. You agree that:
i. we cannot ensure the security or privacy of information You provide through the internet and Your email messages; and
ii. we cannot ensure the security or privacy of information submitted or stored on the Service due to any technical limitations (including viruses or hacking) in the hardware or software comprised in the Services.
c. Unless You tell us otherwise, You agree that PAA may send electronic mail to You, by email or SMS or other electronic delivery platform, for the purpose of informing You about:
i. changes or additions to products or the Service; and
3. All communication and disclosure described in clause 2(c) will comply with PAAs’ privacy statement and the privacy requirements of any applicable law in force.
4. To the extent permitted by law, You release PAA from any and all liability in connection with this clause 2, including the use of your information by other parties.
• Proprietary Information
a. The Service contains information that is proprietary to PAA. PAA asserts full copyright protection in all elements of the Service.
b. You acknowledge that PAA retains the copyright in any artwork or text prepared by PAA (as the case may be) or any of their employees, and agree not to use such artwork or text for any purpose other than advertising in a Publication.
c. You warrant that all material which You provide to PAA for use in an Advertisement (whether or not the PAA will use that material to create new artwork or text) is owned or licensed by the Advertiser and that its use by PAA will not breach the rights of any other person.
• No Warranties
a. The Service is distributed on an “as is” basis. PAA warrants that this Service will not be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. To the extent permitted by law including under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation, PAA makes no warranties of any kind whatsoever regarding the Service, either express or implied.
5. Advertising terms
a. PAA imposes a Deadline. Failure to adhere to any relevant Deadline may result in the Advertisement not appearing as per Your booking instructions. You acknowledge it is Your responsibility to ascertain the appropriate Deadline, which may be changed from time to time without notice. Notification of changes to a Deadline will be posted on the service or sent via electronic mail, where practicable and as determined by PAA.
b. PAA does not accept responsibility for, and You indemnify us for, non-receipt of advertising requests through the Service other than where PAA is at fault, including through negligence.
c. PAA reserve the right to reject, cancel, amend (if necessary in PAA’s opinion such change is required to comply with the law), refuse, change position or postpone publication of an Advertisement for any reason at its discretion acting reasonably. If a change to the Advertisement requires consent from You, PAA will make every reasonable attempt to make telephone contact with You. If contact cannot be established, the Advertisement may be cancelled until contact can be made.
d. PAA does not make any warranties, representations or undertakings regarding the positioning of an Advertisement, including as to the inclusion of an Advertisement in a particular section of a Publication.
e. The word “advertisement” will be included in an Advertisement as required by law or if, in the opinion of PAA, it resembles editorial matter.
f. You may be charged for author’s alterations required to Advertisements if requested directly to an employee of PAA.
g. PAA does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, no responsibility is accepted for any error or omission of telephoned instructions, alterations or copy/proof corrections or for non-receipt of the same sent by email or through any other telecommunications mechanism other than where PAA is at fault, including through negligence.
6. Compliance of Advertisements with Laws and Standards
a. By lodging material for publication as or as part of an Advertisement in a Publication, or authorising or approving the publication of any material with PAA, You warrant that the material complies with all relevant laws, regulations and advertising codes of conduct and that its publication will not give rise to any claims against or liabilities of PAA or any of its directors, employees or agents.
b. Without limiting the generality of the above, Advertisers warrant that nothing in the material lodged for publication breaches the Competition and Consumer Act 2010, Copyright Act 1968 or laws (Commonwealth, State or Territory, as relevant) relating to defamation, therapeutic goods, tobacco products, consumer protection, fair trading and sale of goods or infringes the rights of any person.
a. By lodging material for publication as or as part of an Advertisement in a Publication, or authorising or approving the publication of any material with PAA, You indemnify PAA and each of its directors, employees and agents against all liability, claims or proceedings whatsoever arising wholly or partially, directly or indirectly, from the publication of the material. Without limiting the generality of the above, You indemnify PAA, its directors, employees and agents in relation to any claims arising from defamation, injurious falsehood, passing off, unfair competition, breach of contract, breach of copyright or other intellectual property rights, misrepresentation, breach of privacy rights or confidential information, breach of warranty of authority or any breach of any Statute, regulation or other law giving rise to any civil or criminal liability whatsoever.
8. Limitation of Liability
a. PAA does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, if there is an error in the published Advertisement for any reason You agree to indemnify PAA, its employees and agents against consequential losses or damages suffered by You arising from the error. If brought to PAA’s attention within 24 hours of publication, adjustments may be made, but only for the space actually occupied by an error.
b. You must notify PAA of any errors immediately when they appear otherwise PAA does not accept responsibility for the re-publishing of the Advertisement.
c. Our liability to You in relation to any loss or damage directly or indirectly related to any warranty or condition which is not otherwise excluded by this Agreement shall, to the extent permitted by law, not exceed:
i. the cost of supplying the affected Service again; or
ii. the cost of having the affected Service supplied again, as elected by PAA.
a. Advertisers must pay for all financial transactions in advance, by credit card. You will be required to enter Your credit card details for each financial transaction.
b. The Advertiser agrees to pay the rates specified by PAA for each Advertisement, current at the time of publication of the Advertisement.
c. PAA reserves the right to pass on any fee or charge (including bank charges and credit card surcharges) imposed on the transaction to process your payment for the Advertisement.
d. PAA reserves the right, acting reasonably, not to pay a refund while the outcome of an Advertiser initiated investigation regarding the publication or otherwise of an Advertisement is pending. PAA will endeavor to resolve any such investigation within seven (7) days.
OTHER SPECIFIC LAWS
10. Goods and Services Tax (GST)
a. All specified rates and charges are inclusive of GST.
a. This Agreement is governed by the laws of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
The Publications included in the Service are:
1. PAA email alerts, newsletters, e-newsletters and website advertising.
OFFER TERMS & CONDITIONS
1. Offers/Packages made on this service are subject to the following conditions:
a. PAA will preview the submitted advertisement prior to accepting it or publishing it.
b. Your advertisement must contain accurate information. PAA reserves the right to not publish an advertisement where You have provided inaccurate information.
c. PAA may at its discretion refuse to accept an advertisement for publication if it believes the advertisement may offend or infringe the rights of any person or not comply with all the laws and regulations of the states and territories.
d. Where PAA has refused to accept an advertisement for publication, You will be notified by email.
e. Full refund will be provided if PAA refuses to accept an advertisement for publication.
f. You agree to pay any costs incurred as a result of modifications to Your Advertisement.
1. Advertisement: Means an advertisement of any kind placed in any section of any Publication or where specifically specified in the Agreement.
2. Advertiser: A person that utilises this Service to create and place an Advertisement in a Publication.
3. Deadline: Means the time specified by a Publication by which all material and authorisations must be received for inclusion in the next edition of the Publication.
4. Package (also called on Offer): Means a combination of features that may contain one or more of the following features – Ad Type; Ad Style; specified number of lines or cm depth; specified number of insertions in one or more Publication/s; the number/names of the Publications the Advertisement will appear in; a fixed cost for all defined Package components or a fixed price on a variable component e.g. $x-xx/line. PAA may offer packages from time to time to an Advertiser.
5. Publication: Includes the Publication as produced by PAA, in any format or medium including electronic, online or hard copy print.
7. You: The person entering into this Agreement being PAA’s customer in whose name the account is conducted and can include an advertising agency.