YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
1. WEB SITE LIMITED LICENSE
2. LIMITATIONS ON USE
The Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing, to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorised to make purchases on behalf of such a group. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Indesign’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. Any unauthorised use of this Web Site or its Content is prohibited.
3. NOT LEGAL ADVICE
Content is not intended to and does not constitute legal, financial, medical or advice of any other kind, nor is anything submitted to this Web Site treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on this Web Site or materials linked from this Web Site is at your own risk.
4. INTELLECTUAL PROPERTY RIGHTS
5. LINKING TO THIS WEB SITE
You may provide links to this Web Site, provided
- you discontinue providing links to this Web Site if requested by Indesign.
6. LICENSE OF YOUR CONTENT TO INDESIGN
By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Indesign a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Indesign for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
7. NO SOLICITATION
You shall not distribute on or through this Web Site any content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation without the express written permission of Indesign. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you
- may list along with your name, address and email address, your own web site’s URL and
- may recommend third party Web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Indesign will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
Certain sections of this Web Site require you to register. If registration is requested, you agree to provide Indesign with accurate and complete registration information. It is your responsibility to inform Indesign of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Indesign does not permit
- anyone other than you to use the sections requiring registration by using your name or password;
- or access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify Indesign immediately by contacting us at [email protected].
10. POSTINGS IN INTERACTIVE AREAS OF THE WEB SITE
- Postings to be Lawful. If you participate in interactive areas on this Web Site, you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (‘Postings’) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any state, federal or international law
- Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
- Non-Commercial Use only of interactive areas. Any interactive area of this Web Site is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation without the express written permission of the Indesign. Any unauthorised use of any interactive area of this Web Site, its Content or Postings is expressly prohibited.
11. ERRORS AND CORRECTIONS
Indesign does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Indesign does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Indesign may make improvements and/or changes to its features, functionality or Content at any time.
12. THIRD PARTY CONTENT
Third party content may appear on this Web Site or may be accessible via links from this Web Site. Indesign shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Indesign.
13. LEGAL ETHICS NOTICE
If you are a lawyer participating in any aspect of this Web Site, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (‘Rules’) apply to all aspects of your participation and that you will abide by these Rules. These Rules include but are not limited to the rules relating to advertising, solicitation of clients, unauthorised practice of law, and misrepresentations of fact. Indesign disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on this Web Site, including but not limited to the message boards, that you will not offer legal advice, but will only provide general information.
This Web Site is provided on an "as is, as available" basis. Indesign expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Indesign disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
- any errors in or omissions from this Web Site and the content, including but not limited to technical inaccuracies and typographical errors;
- any third party web sites or content directly or indirectly accessed through links in this Web Site, including but not limited to all errors or omissions;
- the unavailability of this Web Site or any part of it;
- your use of this Web Site; or
- your use of any equipment or software in connection with this Web Site.
15. LIMITATION OF LIABILITY
Indesign shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this Web Site and the interactive areas of this Web Site or any facts or opinions appearing on or through an interactive area. Indesign shall not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever (including without limitation legal fees) in any way due to or resulting from or arising in connection with the use of or inability to use this Web Site or the Content.
17. THIRD PARTY RIGHTS
The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of Indesign and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
18. UNLAWFUL ACTIVITY
19. REMEDIES FOR VIOLATIONS
20. ADDITIONAL TERMS
ADVERTISING TERMS AND CONDITIONS
These are the terms and conditions upon which we accept material for publication from you. Any other conditions proposed by you shall be void unless accepted by us in writing.
In these terms and conditions:
“Publications” means any of the print publications, web sites and web portals owned or controlled by us;
We”, “us” and “our” means Indesign Media Asia Pacific; and You” means the advertiser.
GIVING US MATERIAL
1. When you give us material for inclusion in any of our Publications, you warrant that:
- you own that material or have the right to use and publish that material;
- the material does not breach any law or the rights of any other person;
- you have the right to represent the individual, entity, product or service mentioned in the material; and
- you are bound by our terms and conditions and will pay our rate applicable to your material.
2. Unless we inform you otherwise, you may give us only one piece of creative per unit type (banner, tile, button, micro-button) per month. If you wish to change the creative for any advertisement, we will use your new creative 14 days after you give it to us. If you give us a rich media advertisement, we require up to 5 additional working days to test it before it will appear in our Publications.
3. We will tell you the due date for provision of all materials. If you do not supply us with the materials by the due date, we may insert previous material or charge you for the space that has been booked. If the materials you supply do not comply with our requirements and specifications so as to allow its inclusion in our Publications, we may rectify or adapt the materials to enable the material to be in a form for inclusion. Where we do this, you must pay us for all the work we have done at trade house rates plus 25%.
4. We will not at any time or under any circumstances, be liable for any loss or damage to your materials.
5. If you wish to stop publication of the material or if you request work we are doing for you to stop after you have instructed us to proceed with the work, you must request our consent in writing. If we do consent, you must pay us:
- any expenses we have incurred relating to the acceptance or preparation of your material for publication; and
- in our absolute discretion, a cancellation fee of up to 100% of the value of the advertising or of the work being done.
OUR PRICING AND PAYMENT
- Our prices are listed in our Rate Card and unless otherwise stated are exclusive of GST. The Rate Card and these terms and conditions are subject to change at any time by us and without notice to you.
- Unless otherwise agreed at the time we accept your material, accredited advertising agencies that are approved by us will receive a standard 10% agency discount off the Rate Card prices. No discount will be given in respect of material that is for the direct benefit of the agency.
7. All amounts shown on our tax invoices are in Australian Dollars unless specified otherwise you must pay us in Australian Dollars.
8. We will send you a tax invoice and unless otherwise agreed, you must pay us for publication of the material or any other work that we are providing to you, within the time stipulated on our tax invoice.
9. If you do not pay us the full amount within the time stipulated in the tax invoice, we may remove your material from our Publications and stop any other work that we may be doing for you. You agree that we may recover the outstanding amount specified in the invoice together with interest, our legal costs, bank fees and charges, any other expenses incurred in attempting to recover the debt and any fees and commissions or other amounts we pay to any collection agency to act on our behalf.
10. We may, in our sole discretion:
- refuse to publish any advertisement you give us; and
- remove any existing advertisement from any Publication without notice.
11. Unless otherwise agreed in writing, we will not provide a copy of the Publications in which you are advertising.
ADVERTISEMENT SERVING AND REDIRECTS
12. We serve your online advertisements in our Publications in-house. At your request, we can provide you with statistical reports about the performance of your online advertising campaign. If you would like to track the performance of your campaign by using your own advertisement server, we will accept your redirect code. By giving us your redirect code, you agree to give us access to reports generated by your advertising server for your campaign in our Publications. If there is a discrepancy between the reports from our advertising server and those from your advertising server, you agree to rely on the information provided by our advertising server.
- Printers error, casual displacement, omission, inability or failure to publish an advertisement in our Publications does not invalidate this contract.
- Every care will be taken to ensure prompt insertion of the material but we will not be liable for any loss occasioned by the failure of the material to appear in any specified date or issue of our Publications.
- If we are unable to publish the material for any reason, we will only be liable to you for a maximum refund of the amount you paid us for the publication of the material subject to a pro rata reduction to take into account the period of advertisement downtime experienced.
- To the extent possible, all implied and express warranties in legislation (including federal and state trade practices and sale of goods legislation) that may give you greater rights than are expressed in this clause are negatived.
14. You will indemnify us against all suits, claims and demands made against us and loss or damage suffered by us arising from our publication of your material due to:
- a breach of your warranty in clause 1;
- any allegation that we have breached any intellectual property rights of any third party; and
- any other civil or criminal liability we may be exposed to.
15. For the purpose of obtaining or providing a credit check/reference, you authorise us to make enquiries and to use, exchange and disclose to any credit provider or credit reporting agency, any or all information we know or obtain concerning your creditworthiness.
16. The law in force in New South Wales, Australia governs these terms and conditions.
17. In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs
IMPORTANT PRIVACY NOTICE
We collect the information on this form for the purposes of processing your order, making credit enquiries, keeping you informed about upcoming events and assisting in improving our service to you. We may disclose the information (excluding your credit worthiness and parties to provide direct marketing offers which we think may be of interest to you. The provision of this information is voluntary but if you do not provide the information requested we may not be properly able to process your order. You have both a right of access to the information we hold about you and a right to ask us to correct it if you think it is inaccurate or out of date.