1. The placing or ordering of any advertising material in the Southern Thunderer shall constitute acceptance by the person making such placement or order (“the Advertiser”) of the terms and conditions set out below.
2. Provided the Advertiser submits any advertising material for publication within the time limits advised by Victor Taffa trading as “The Southern Thunderer” (“the Publisher”) and in a form acceptable for publication, the Publisher shall display the advertisement for publication.
3. Notwithstanding the previous clause, the Publisher shall:
(a) be entitled at its sole discretion and without giving reasons to cancel or refuse to publish any advertising material submitted to it;
(b) be entitled to edit, change format or otherwise make minor amendments to the advertising material
4. The Publisher shall not be liable to the Advertiser for any claim in respect of any technical malfunction, loss of data or other damage caused by the use of any internet serving software in the publication of the advertisement.
5. The customer warrants to the Publisher as follows:
(a) the advertising material does not infringe any copyright, trademark or other intellectual or moral property rights of any person;
(b) the advertising material does not contain any material that is obscene, offensive, illegal or otherwise contrary to advertising standards;
(c) the advertising material does not breach or infringe the Trade Practices Act 1974, Australian Securities & Investment Act 2001 or any other applicable State or Federal legislation;
(d) the advertising material does not infringe any laws relating to therapeutic goods, anti-discrimination, political publication or publication of court or tribunal matters;
(e) the advertising material will not give rise to any claim, or liability, or sanction against the Publisher;
(f) the Publisher may refuse to publish any advertising material in breach of the warranties contained in this clause.
6. The Advertiser indemnifies the Publisher against any proceedings, demands, losses, costs (including legal costs on a full indemnity basis), damages and other liabilities of any nature made or awarded against or incurred by the Publisher in connection with the advertising material.
7. The Advertiser shall pay the Publisher for the publication of the advertising material prior to publication and the Publisher shall not be liable for any claim in respect of failure to publish the advertising material if payment is not received in accordance with this condition.
8. Unless otherwise stated, advertising rates are inclusive of GST.
9. The Advertiser may cancel the publication of any advertising material at any time but the Publisher shall be entitled to charge its full fee in respect of such publication if cancellation occurs within 48 hours of the proposed publication date or dates or if cancellation occurs during the period of publication of the advertising material.
10. Except as expressly provided in these Terms and Conditions, the Publisher excludes, to the fullest extent permitted by law, all warranties, representations and conditions whether implied by law, trade, custom or otherwise. Where the Publisher is liable to a Customer for a breach of implied warranty or condition that may not be excluded, the Publisher’s liability will, to the extent permitted by law, be limited to any one or more of the following (at the Publisher’s option):
(a) in the case of the supply of goods under these Terms and Conditions (if any):
(i) the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or acquiring equivalent goods;
(ii) the repair of the goods or the payment of the cost of having the goods repaired; or
(b) in the case of the supply of services under these Terms and Conditions:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
11. In no circumstances will the Publisher (its employees, officers or agents) be liable, whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or special or exemplary damage suffered by the Advertiser or any other person, even if such loss or damages are foreseeable and whether or not the Publisher had been advised of the possibility thereof.
12. The liability of the Publisher (including the Publisher’s officers, employees and agents) to the Advertiser, or any other person, for any and all loss or damage arising in relation to these Terms and Conditions and/or advertisements (including from any errors or inaccuracies however caused, whether by negligence, system, software or press failure, mistake, mis-classifications, early, late or non-insertion of advertisements, or loss or delay in the delivery of replies) will be limited to an amount equal to the cost of the space of the relevant advertisement, provided that if the Advertiser does not advise the Publisher of any error within five days of publication of the advertisement the Publisher will have no liability whatsoever.
13. The Publisher will not be liable to the Advertiser or any other person for any loss of whatever kind suffered as a result of other advertising, or an advertisement not being available for publication or not published where such loss arises from any cause beyond its control. Any loss suffered as a result of any partial or total breakdown of the Publisher’s operation or network, any technical malfunction, computer error or loss of data will be deemed to be an event beyond the Publisher’s control. Should such an event occur, the Publisher will take responsibility to resurrect sites and links, and the Advertiser has the right to cancel the particular contract for the affected advertising at no penalty if such an occurrence results in the site being down for more than 7 working days (working days being Monday to Friday inclusive, but excluding statutory holidays). In addition, the Publisher will not be liable to the Advertiser for any error or inaccuracy in advertisements placed by telephone.
14. Subject to Clause 17, these Terms and Conditions set out the entire agreement between the parties in relation to any advertising and supersedes all prior arrangements, undertakings, representations and warranties by or between the parties in relation to such advertising.
15. These Terms and Conditions are governed by, and construed in accordance with the law in force in New South Wales. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.
16. If any provision of these Terms and Conditions is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions of these Terms and Conditions which shall remain in full force and effect.
18. In addition to these Terms and Conditions, the Advertiser acknowledges that all advertising, including the conditions of payment, delivery and changes to or cancellation of such advertising, will be in accordance with and subject to any specific conditions notified to the Advertiser or generally published by the Publisher from time to time, including on the Publisher’s website.
19. The Publisher may vary these Terms and Conditions at any time in its sole discretion, provided that:
(a) such amended terms will not affect prior agreed advertising orders with a date of publication within 3 months from the date of the variation; and
(b) if the Advertiser does not agree with a variation, the Advertiser may cease placing orders with the Publisher.