Trading Terms

Our Terms and Conditions

 

Scope of Agreement

1) Under these terms and conditions, “Publisher” refers to Competitive Brands Pty. Ltd. and “Advertiser” refers to the persons, companies, agencies or other entities placing advertising with Publisher.

2) These terms and conditions apply to all advertisements, including print, digital, insertions, and other media.

3) These terms and conditions are deemed incorporated in every advertising agreement between Publisher and Advertiser. Placing an advertisement with Publisher constitutes the acceptance by Advertiser of these terms and conditions.

 

Rights and Obligations of the Parties

4) Advertiser represents and warrants to Publisher that it has the full right and authority to enter into this agreement, and all advertisements provided by Advertiser for publication under this agreement do not infringe copyright, trademark, personal privacy, proprietary or any other third-party rights, or violate any other laws. Advertiser shall not hold Publisher liable for losses, costs, damages, claims, suits, or other proceedings associated with or attributed to any violation of such representation and warranty.

5) All advertisements are subject to review and approval by Publisher, including but not limited to content, subject matter, insertion date, and placement, in accordance with standards acceptable to Publisher. However, Publisher is not responsible for reviewing advertisements for quality or accuracy.

6) Publisher may require Advertiser to revise, edit or otherwise modify the advertisement, including but not limited to adding the word “advertisement”, “an information supplement”, or a similar title over, under or alongside any advertisement.

7) Publisher reserves the right to reject, cancel, omit, discontinue, decline to publish or suspend any advertisement for any reason whatsoever in its sole discretion, without liability or penalty to Publisher, and without need of notice to the Advertiser. By way of example, the Publisher in its sole discretion may: i) Decline to publish any advertisement that advocates a political or social agenda; ii) decline to publish any advertisement that promotes illegal products or services.

8) Advertiser is solely responsible for ensuring the advertisement (e.g. copy and materials) is received by Publisher on the deadlines specified. Publisher cannot guarantee color quality or corrections on any material received past the due date for submission of artwork. Publisher is not responsible for returning advertising material to Advertiser.

9) Any advertising material published in printed format may be used by Publisher in the electronic and online formats of the publication for the duration of the current issue in which the original material is printed.

 

Payment Conditions

10) (a) An invoice account will be issued by the Publisher upon signing of the booking form and the terms and conditions, which is payable within 7 days. All advertising orders must be paid, in full, prior to the advertising deadline. (b) On advertising orders where credit terms are granted by Publisher, accounts are due and payable within 30 days from invoice date. Any late payment shall bear interest at the annual rate of fifteen percent (15%) or the maximum rate allowed by law, accruing as of the first day Advertiser received notice from Publisher that such payment became overdue. Failure to comply with credit terms may result in the withdrawal of credit privileges.

11) Advertising placement is not guaranteed until the advertising order is paid in full. Earliest paid adverts will receive priority placement.

12) Publisher will provide electronic invoices and electronic images of the applicable published advertisement pages. However, printed invoices may be issued upon request.

 

Cancellation Policy

13) Advertiser may cancel an advertising order prior to the advertising deadline.

14) The Advertiser shall incur a cancellation charge of 50 per cent of the invoice amount for advertising orders cancelled by Advertiser after the specified deadline.

 

Limited Liabilities

15) Publisher accepts no responsibility for loss of profit or any type of damages whatsoever. Publisher expressly disclaims all warranties, representations and conditions of any kind, express or implied, to the fullest extent permitted by law.

16) Advertiser agrees that Publisher’s liability will be limited as follows: (i) for errors or omissions in the reproduction or delivery of an advertisement, to the amount paid for the space actually occupied by that portion of the advertisement on which the error occurred; and (ii) for failure to insert an advertisement, to the amount actually received by Publisher for the insertion of that advertisement.

17) If either party waives or modifies any term or condition of this agreement, such action will not void, waive or change any other term or condition, nor will the waiver by either party of any default by the other constitute the present or future waiver of any other default covered under these terms and conditions.

18) This agreement will be governed and construed in accordance with the applicable laws of the State of Queensland and the laws of Australia.