Magazine Terms and Condition
MAGAZINE TERMS AND CONDITIONS
These terms apply to all advertising provided by Turf Monthly. In these terms, Advertising includes images submitted for publication and content or information relating to published advertisements; and Customer includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients.
Publication of Advertising
1.1 Subject to these Terms, in providing Advertising to a Customer, Turf Monthly will use its reasonable endeavours to publish the Advertising in the format and in the position agreed with the Customer.
1.2 Customer grants Turf Monthly a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, including print, online or other. Customer warrants that it is authorised to grant Turf Monthly the licence in this clause 1.
Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by Turf Monthly represents an agreement to publish Advertising. An agreement to publish the Advertising will only be formed between Turf Monthly and Customer when Turf Monthly accepts the Advertising in writing or generates a tax invoice for that Advertising.
2.2 Turf Monthly reserves the right to refuse or withdraw from publication any Advertising at any time that, in our opinion, is illegal, defamatory, offensive, obscene and/or contrary to the business interest, goodwill and/or reputation of Turf Monthly or any of its customers or vendors or is likely to infringe on the rights of third parties.
Right to vary Format, Placement or Distribution
3.1 Turf Monthly will use reasonable efforts to publish Advertising in the format and in the position requested by the Customer. However, Turf Monthly reserves the right to vary the placement of Advertising within a title or to change the format of Advertising. Customer must pay the full price for Advertising even if Turf Monthly varies the format or placement of the Advertising.
3.2 Except in accordance with clause 12, Turf Monthly will not be liable for any loss or damage incurred by a Customer arising from Turf Monthly’s failure to publish Advertising in the format and position requested by the Customer.
Submission of Advertising
4.1 Customer warrants to Turf Monthly that the publication of the Advertising does not breach or infringe:
(a) the Competition and Consumer Act or equivalent State legislation;
(b) any copyright, trademark, 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; 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 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 and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
4.3 Customer must not resell Advertising space to any third party without Turf Monthly’s consent.
4.9 If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies Turf Monthly against any loss in connection with the Advertising.
Errors
5.1 Customer must promptly check proofs of Advertising (if provided to the Customer by Turf Monthly) and notify us of any errors in the proofs or in published Advertising.
5.2 Turf Monthly does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.
Advertising Rates and GST
6.1 Advertising rates will be agreed between Turf Monthly and the Customer prior to any advertisement being placed.
6.2 Customers agree to pay under the general trading terms specified on the invoice issued by Turf Monthly
Credit and Customer Accounts
7.1 Turf Monthly may grant, deny or withdraw credit to a Customer at any time in its discretion. Customer must ensure that its Customer account number is available only to those employees authorised to use it. Customer acknowledges it will be liable for all Advertising placed under Customer’s account number.
Payment
8.1 The Customer must pre-pay for Advertising if required by Turf Monthly. If a commercial account has been established with Turf Monthly, payment must be within 30 days of invoice date.
8.2 If Customer fails to provide the copy for a booking by the publication deadline, Turf Monthly may, at its sole discretion, still accept the Advertising after the deadline. If the Advertising is ultimately not published because of Customer’s failure to deliver the copy in sufficient time after the publication deadline, Customer will still be charged for the Advertising and Customer has no claim against Turf Monthly for credit, republication or other remedy for out of deadline Advertising.
8.3 If Customer wishes to cancel any Advertising but fails to do so before the booking deadline, then whether or not the Advertising is ultimately published, Customer will be charged for the Advertising and Customer has no claim against Turf Monthly for credit or any other remedy in respect of the Advertising or the out of deadline cancellations.
8.4 Customer must pay the full price for Advertising even if there is an error in the Advertising, unless the error was Turf Monthly’s fault.
8.5 Customer must pay its electronic transmission costs.
8.6 To the extent that Turf Monthly incurs any third party costs on the Customer’s behalf (e.g. production costs) which it is not able to be reimbursed for from a third party, the Customer will be required to pay this amount to Turf Monthly regardless of whether the Advertising is postponed or cancelled.
Failure to Pay and Other Breach
9.1 If Customer breaches these terms, fails to pay for Advertising or suffers an Insolvency Event (defined in clause 9.2), Turf Monthly may (in its discretion and without limitation):
a) cancel any provision of credit to Customer;
b) require cash pre-payment for further Advertising;
c) charge interest on all overdue amounts at the rate 2% above the NAB Overdraft Base Rate;
d) take proceedings against the Customer for any outstanding amounts;
e) recover Turf Monthly’s costs including mercantile agency and legal costs on a full indemnity basis;
f) cease publication of further Advertising or suspend an agreement for Advertising not yet published until the breach is remedied and if it is not remedied within 10 Business Days, Turf Monthly may terminate an agreement for Advertising not published;
g) exercise any other rights at law.
9.2 A Customer suffers an “Insolvency Event” if:
a) Customer is a natural person and commits an act of bankruptcy; or
B) Customer is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or liquidation (other than for the purposes of reorganisation or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.
9.3 A written statement of debt signed by an authorised employee of Turf Monthly is evidence of the amount owed by the Customer.
Liability
10.1 Each of the parties 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 2010 and equivalent State acts) which cannot by law be excluded (“Non-excludable Condition“).
10.2 Each of the parties limits its liability for:
a) breach of any Non-excludable Condition (to the extent such liability can be limited); and
b) for any breach of contract caused by or contributed by a party,
in the case of Turf Monthly, to the re-supply of the Advertising if reasonably possible or payment of the cost of re-supply to Customer and in the case of Customer, the amount paid for the Advertising.
10.3 Subject to clause 10.1, neither party will, in any circumstances, be liable to the other for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
10.4 Subject to clause 10.2, the Customer indemnifies Turf Monthly 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.