1. General

 

1.1. These terms and conditions apply to every advertisement placed with Locals Discount Pty Ltd, as the publisher of www.localsdiscount.com.au or other websites by any means (including through use of an email, message or over the phone) by an Advertiser on the website or other publication.

 

1.2. Where an Advertiser is an agency, and places an Advertisement for publication under these terms and conditions, it agrees to these terms and conditions as principal and as agent for its client.

 

1.3. Publisher has the right to amend these conditions at any time. Notification of amendment shall be deemed to have been given to all Advertisers immediately upon publication of the amended conditions or other written notice, which shall apply to all advertising booked after the date of that publication (except where there is an express written agreement between the Publisher and Advertiser that those amendments will not apply to particular advertisements).

 

1.4. Every Advertisement must comply with and is subject to these terms and conditions as well as other relevant terms as available at www.localsdiscount.com.au, additional relevant terms as published or notified by the Publisher (including as to creative requirements and technical specifications) and any relevant laws, regulations or codes of conduct. To the extent of any inconsistency between the various relevant terms, the following order of priority will be applied:

 

a. these terms,

 

b. any terms or conditions separately agreed in writing.

 

c. any terms or conditions published or notified by the Publisher (including as to creative requirements and technical specifications) in order to eradicate any inconsistency.

 

2. Process

 

2.1. There is no binding agreement for the publication of an Advertisement until the relevant processes for the Publisher have been completed by the Advertiser.

 

2.2. Bookings which are in any way conditional will not be accepted.

 

2.3. Advertiser authorises Publisher to dispose of any materials supplied to Publisher relating to an advertisement (including illustrations, copy, photographs, artwork, and press-ready PDF digital files) following publication of an advertisement. Publisher is not required to retain or return to Advertiser any such materials.

 

3. Publisher rights and discretions

 

3.1. Every Advertisement submitted for publication is subject to Publisher’s approval. Publisher may at its absolute discretion at any time:

 

a. refuse to publish or distribute any advertisement without giving any reason (in which case, no charge to Advertiser will be incurred);

 

b. cancel a campaign (in which case, no charge to Advertiser will be incurred for the unpublished portion of the campaign); or

 

c. head an advertisement ‘Advertisement’.

 

3.2. Publisher owes no duty to Advertiser to review, approve or amend any Advertisement and no review, approval or amendment by Publisher will affect Advertiser’s responsibility for the content of the Advertisement.

 

3.3. Publisher may, but is not obliged to, and without prior consultation or notice to Advertiser, amend any Advertisement in any terms whatsoever, if Publisher perceives it to be:

 

(i) in breach of any law of Australia or of any state (whether civil or criminal),

 

(ii) in breach of any pre-existing publishing agreement entered into by Publisher,

 

(iii) defamatory,

 

(iv) in contempt of court or parliament,

 

(v) otherwise likely to attract legal proceedings of any kind,

 

(vi) offensive. Should Publisher so amend the Advertisement, the agreed price shall not be reduced.

 

3.4. Publisher has the right, and the right to permit other persons, to republish any Advertisement in any print, electronic or digital form for any purpose using any media and in any part of the world.

 

3.5. Publisher may appoint any of its related bodies corporate as its agent for the purposes of invoicing and collecting payments under and in relation to this Agreement.

 

4. Positioning, Placement and other Advertiser requests

 

4.1. The positioning and placement of an Advertisement is at the discretion of Publisher except where expressly agreed in writing by Publisher. Publisher will attempt to position Advertisements, in accordance with the Advertiser’s request if the Advertiser has agreed to pay any relevant preferred position loading charges. If Publisher fails to publish the Advertisement in accordance with Advertiser’s requests, Publisher’s liability will be limited to refunding the relevant position loadings paid.

 

4.2. If any Advertisement is specifically accepted for publication in a specific advertising category or section of a website then, without prior consultation with Advertiser, Publisher may:

 

(i) position the Advertisement anywhere within the category or section at its discretion, unless a specific placement has been agreed in writing,

 

(ii) reposition that category within the website,

 

(iii) alter the date of publication of that category. Case (i) and

 

(ii) will not mitigate Advertiser’s liability to pay.

 

(iii), if Advertiser did not agree to the altered date prior to publication on the website, then if within 14 days of publication of the Advertisement Advertiser notifies Publisher in writing that Advertiser has suffered adverse effects which were directly caused by the altered date of the publication and Advertiser provides to Publisher clear evidence of those adverse effects, the Advertiser will incur no charge for that particular Advertisement.

 

4.3. If Publisher offers Category Exclusivity this will be limited to the confines of predetermined and agreed upon space, and will oblige Publisher not to intentionally sell that space to a competitor from within the agreed product or service category. Given the automation involved in digital advertising the Publisher cannot promise that 100% exclusivity is achieved.

 

5. Deadlines & Specifications

 

5.1. Publisher imposes various deadlines (including for the provision to the Publisher of bookings for Advertisements and material for Advertisements, changes or variations to Advertisements) and specifications (including for size). All deadlines and specifications must be met by Advertiser. Publisher is under no obligation in relation to material or information received after relevant deadlines or not in accordance with the relevant specifications.

 

5.2. It is the responsibility of the Advertiser to notify Publisher of any error immediately after it appears. Unless so notified, Publisher accepts no responsibility for any recurring error or any Loss relating to that recurring error.

 

5.5. Cancellations by the Advertiser must be made, in writing, Failure to do so will relieve the Publisher of any obligation to comply with the cancellation request. The Publisher will be entitled to charge the Advertiser at a rate deemed reasonable by the Publisher.

 

6. Advertisements produced by Publisher

 

Publisher owns and retains all copyright and other intellectual property rights in relation to any Advertisements produced by Publisher or any materials provided by Publisher for use in an Advertisement. Advertiser obtains no rights in relation to those advertisements produced by any Publisher or in relation to content from any Publisher. This clause does not in any way derogate from Advertiser’s obligations or liabilities in relation to such Advertisements.

 

7. Proofs

 

7.1. Publisher may agree to provide proofs but only where so requested by Advertiser.

 

7.2. Where Publisher fails to provide a requested proof in accordance with clause 7.1, and the published advertisement substantially conforms to the copy provided by the Advertiser, then Advertiser is liable to pay the full cost of the Advertisement.

 

8. Advertising Expenditure Agreements

 

8.1. Locals Discount Pty Ltd reserves the right to cancel or suspend any Advertising Expenditure Agreement where:

 

a. Advertiser is in material breach of the Advertising Expenditure Agreement, these terms or any another agreement with Publisher or Locals Discount Pty Ltd; or

 

b. Locals Discount Pty Ltd considers Advertiser becomes a credit risk; or

 

c. Advertiser’s advertisements pose a reputational risk or other unacceptable risk for Locals Discount Pty Ltd; or

 

d. Locals Discount Pty Ltd is no longer able to deliver the advertising services the subject of the Advertising Expenditure Agreement, including where it is no longer the Publisher; or

 

e. any other clause of these terms or any other agreement with Locals Discount Pty Ltd enable Locals Discount Pty Ltd to terminate or suspend an Advertising Expenditure Agreement.

 

9. Rates, invoices and GST

 

9.1. Advertisers agree to pay accounts rendered by the Publisher in accordance with its standard payment terms.

 

9.2. Rates quoted by the Publisher may be varied at any time. 

 

9.3. Advertising expenditure will be calculated exclusive of production charges.

 

9.4. If Publisher has quoted a rate to publish advertising for a client and that rate is different from that included in any published material or sales collateral, that quoted rate only applies to that specific client for that specific purpose where the advertising is booked directly with Publisher and without the involvement of any advertising, media buying or other agency (unless otherwise specifically agreed in writing by the Publisher).

 

9.5. Where the Publisher changes the basis on which advertising is charged by Publisher during the term of any Advertising Expenditure Agreement or between the booking and placement of any Advertisement, Publisher will endeavour to provide Advertiser with at least 28 days’ notice prior to the change taking effect. Advertiser will be entitled to terminate the Advertising Expenditure Agreement or bookings affected (prior to the cancellation deadline for such affected bookings) within 14 days of such notice from Publisher.

 

9.6. Any dispute the Advertiser has with an invoice must be raised with Publisher promptly and no later than 7 days after the invoice date. After that time, Advertisers will be deemed to have accepted that the full amount set out in the issued invoice is due and payable by Advertiser.

 

9.7. All rates and charges are expressed by the Publisher are GST exclusive. Publisher, as per the Australian Tax Office (ATO) guidelines, is not registered for GST at the time of publishing these terms and conditions. Inclusion of a GST amount in an invoice is at the discretion of Publisher.

 

9.8. Advertiser agrees to pay any GST liability arising in relation to the provision by Publisher of advertising services under these terms.

 

9.9. The GST component does not count towards overall advertising expenditure agreements.

 

10. Commercial Credit

 

10.1. Advertisers may request to complete and submit Publishers Commercial Credit Application and are then subject to the related assessment and processes.

 

10.2. The availability of any credit facilities is subject to Publisher’s approval and conditional on lodgement of a written application. Any credit provided will be on specific terms made available as part of the application process. Where no credit application has been approved, upfront payment may be required for all advertising.

 

10.3.1 Where an Advertiser fails to pay an account by the due date, which is 28 days from publication unless otherwise stated, or fails to comply with any relevant terms and conditions, Publisher may, at their absolute discretion cancel or suspend any booked advertising or refuse to accept any further advertising of the Advertiser.

 

10.4. In the case of the transfer of an advertising account from one organisation to another during the currency of an advertising, both organisations shall immediately inform the Publisher in writing. Accounts will only be transferred or accessed by organisations when Publisher is satisfied that the client in question has provided its express written permission.

 

11. Limitation of liability

 

11.1. Nothing in these terms and conditions excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, Publisher excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from an Advertiser’s use of or acquisition of or in relation to the ordering or booking of any advertising services (including under an Advertising Expenditure Agreement) from the Publisher whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to Publishers’ liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 14 shall apply.

 

11.2. Subject to clause 14.1, Publisher makes no representation or warranty of any kind and in particular makes no representation or warranty:

 

a. in relation to the continued production of any website;

 

b. in relation to the final placement, positioning or date of publication or distribution of

an advertisement;

 

c. in relation to the number of visitors to its websites or the number of impressions at

any site; or

 

d. exclusivity.

 

11.3. The Advertiser acknowledges that publication of a relevant website may be suspended or ceased at any time for any reason.

 

11.4. Publisher is not liable to Advertiser for any direct or Indirect Loss of any nature including where arising from the failure of Publisher, whether negligent or otherwise, to publish an Advertisement or from the failure of Publisher to publish an Advertisement in the form prescribed or from publication of the Advertisement with errors or omissions or in any way relating to the distribution or lack of distribution of the relevant publication.

 

11.5. Advertiser shall incur no cost where the Advertisement has not been published at all or where the error or failure has arisen solely due to the negligence of the Publisher or any of its employees, or agents; and

 

11.6. In all other circumstances, and subject to the other applicable terms, the agreed rate shall be reduced according to circumstances at the Publishers discretion. In no circumstances will the Publisher’s liability be greater than:

 

i. in relation to the failure to provide any placement, position or other benefit in relation to which a specific loading charge was paid by the Advertiser, the amount of that loading charge; or

 

ii. otherwise, republication of the relevant advertisement, or payment of the cost of republishing the relevant advertisement, at Publisher’s discretion.

 

11.7. Publisher’s liability for a breach of a term or guarantee implied by law is limited at Publisher’s discretion, to the supply of the service again or payment for the cost of having the service supplied again.

 

11.8. Publisher has no responsibility or liability to Advertiser in relation to:

 

a. Publisher exercising its rights under these terms; or

 

b. any failure of telecommunications services or systems which affect the receipt by Publisher of any material, a notice or communication of any kind or the publication of an advertisement or campaign.

 

12. Warranty & Indemnity

 

12.1. Advertiser warrants that it will only use the advertising space which it acquires to advertise its own brands, goods or services and may not sell or otherwise deal with that advertising space. Where Advertiser is an advertising agency the space may only be used by the client for which the space was initially acquired or booked.

 

12.2. Advertiser warrants that the advertisement complies with all relevant laws and regulations and that its publication in accordance with these terms will not give rise to any claims against or liabilities of Publisher, its directors, employees or agents. Without limiting the generality of the above, advertisers and or advertising agencies warrant that neither the Advertisement nor its publication breaches or will breach the Competition and Consumer Act 2010, Privacy Act 1988, Copyright Act 1968, Fair Trading Act 1985 or defamation, or infringes the rights of any person.

 

12.3. Advertiser indemnifies Publisher its directors, employees and agents against all claims, demands, proceedings, costs (including solicitors and own client costs), expenses, damages awards, judgments and any other liability whatsoever arising wholly or partially, directly or indirectly, from or in connection with the publication of the Advertisement, except to the extent caused by the Publisher. In particular and without limitation, Advertiser indemnifies Publisher its directors, employees and agents against any claims arising from allegations that the Advertisement contains material which constitutes:

 

a. defamation, libel, slander of title;

 

b. infringement of copyright, trademarks or other intellectual property rights

 

c. breach of trade practices/ competition, privacy or fair trading legislations; or

 

d. violation of rights of privacy or confidential information.

 

13. Privacy Statement

 

Publisher (Locals Discount Pty Ltd) collects personal information about Advertiser, including for example Advertiser’s name and contact details which you provide when registering or using our services as well as information from data houses, social media services, our affiliates and other entities you deal or interact with for example by using their services. We collect and use that information to provide you with our goods and services, to promote and improve our goods and services, to provide you with targeted advertising based on your online activities, for the purposes described in our Privacy Policy and for any other purposes that we describe at the time of collection. We may disclose your information to our related companies, including those located outside Australia. Any of us may contact you for those purposes (including by email and SMS) at any time. We may also disclose your information to our service and content providers, including those located outside Australia. The policy also explains that if you do not provide us with information we have requested from you, we may not be able to provide you with the goods and services you require. Further information about how we handle personal information, how you can complain about a breach of the Australian Privacy Principles, how we will deal with a complaint of that nature, how you can access or seek correction of your personal information and our contact details can be found in our Privacy Policy at www.localsdiscount.com.au

 

14. Data Policy Compliance

 

Advertiser warrants that it will comply with the Locals Discount Pty Ltd Data Policy and in particular that, except as approved by the Publisher, Advertiser does not and will not collect personal information or tracking information in relation to users of Publisher’s services and further warrants that material provided by or on its behalf for publication by Publisher does not contain:

a. third party cookies intended to retarget Publisher’s users or their browsers; or

b. any code, technique or mechanism, to track or in any way identify users of any of Publishers’ properties.

 

15. Jurisdiction

 

These terms and conditions are governed by the laws of Queensland Australia. The jurisdiction for all Advertisers will be Queensland Australia.

 

16. Definitions

 

a. Advertisement includes any material in any form lodged for publication or other distribution as an advertisement  

 

b. Advertiser means each advertiser and or advertising agency who seeks to have Publisher publish or otherwise distribute an advertisement.

 

c. Advertising Expenditure Agreement means both a Discount Protected Advertising Expenditure Agreement and a Rate Protected Advertising Expenditure Agreement.

 

d. Publisher means Locals Discount Pty Ltd on any of its websites, including but not limited to www.localsdiscount.com.au

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