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Terms & Conditions for Advertisers
These Standard Terms and Conditions for Advertisers are incorporated into the Advertising Agreement between "southaustralia365.com" and the entity opening an account to book advertising ("Client"). The provisions of the Advertising Agreement also include the terms (and all details given by the Client) as part of the Account Signup process and/or as part of the link or banner placement process (if applicable) and any commercial discounts applied in favour of specific Clients off the southaustralia365.com published rate card. All of these documents are referred to collectively as the "Advertising Agreement". In order to participate in southaustralia365.com's advertising programs you must agree to these terms and conditions before opening an advertiser account. By signifying your agreement to these Terms and Conditions you are entering into a binding and enforceable legal agreement with southaustralia365.com. Please read these Terms and Conditions carefully before registering for and/or using southaustralia365.com's advertising Programs. If you do not agree to the Terms and Conditions, please do not register for or use southaustralia365.com's advertising Programs. This Agreement, including pricing and payment terms, is subject to change at any time without notice. All bookings, orders or other requests by the Client for advertising on the southaustralia365.com website are governed by these Standard Terms and Conditions for Advertisers. No other conditions, provisions or terms of any sort appearing in any documents or communications made in connection with any order, including without limitation those contained on or accompanying any cheques or other forms of payment, will be binding on southaustralia365.com whether in conflict with or in addition to these Standard Terms and Conditions for Advertisers. Orders which quote rates other than southaustralia365.com's then current published rates will not be binding on southaustralia365.com, and will be deemed requests for advertising on the terms of this Advertising Agreement at southaustralia365.com's then current rates.. SUBMITTED CONTENT
The Client represents and warrants to southaustralia365.com that it is fully authorised to publish the entire contents and subject matter of all advertisements or integration content submitted to southaustralia365.com (including, without limitation, all text, graphics, icons, photographs, materials provided to southaustralia365.com for production purposes, URLs, and sites to which URLs are to be linked), and that all such contents and subject matter will comply with all applicable laws, regulations and relevant industry codes. If the relevant advertisement or integration content includes any information on a competition or promotion, the Client: acknowledges and agrees that southaustralia365.com is not the promoter will ensure that the advertisement does not imply that southaustralia365.com is the promoter. will ensure that the correct identity of the promoter is set out on the website represented by the hyperlink embedded in the advertisement, and will ensure that all applicable permits have been obtained, and all applicable regulations governing the conduct of the relevant competition/promotion have been complied with.
INDEMNITY
The Client agrees unconditionally to indemnify southaustralia365.com and hold southaustralia365.com harmless (including all of its officers, agents employees and affiliates) from and against any and all loss, damage, liability and expense (including all reasonable legal fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out the publication of, or any act or omission in relation to, the advertisements or integration content, including but not limited to claims related to defamation, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements made in the relevant advertisement or on any website represented by a URL shown or embedded in the relevant advertisement or any object in such advertisement. BREACH OF SECURITY
Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside of southaustralia365.com's control and could result in a breach of security. Accordingly, southaustralia365.com cannot guarantee that your data information will be free from corruption or piracy. You hereby expressly waive any claim against southaustralia365.com arising out of the loss of data through corruption, piracy, breach of security or for any other reason that is not based on intentional or grossly negligent actions of southaustralia365.com DELIVERY
southaustralia365.com reserve the right to cancel any advertising order or reject or edit any advertising copy. (including at any time after the commencement date). Any failure by southaustralia365.com to publish any requested advertisement or to integrate any particular item of content will be deemed to constitute a rejection of the order for such advertisement, but does not constitute a breach of contract or otherwise entitle the Client to any legal remedy.southaustralia365.com shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure. southaustralia365.com shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters. RATE CHANGES
All of southaustralia365.com's advertising and production rates are subject to change at southaustralia365.com's sole discretion. southaustralia365.com will use its commercially reasonable efforts to announce all advertising and production rate changes at least thirty (30) days in advance of their effective date. In the event southaustralia365.com makes a rate change in respect of a period (or any portion thereof) for which the Client has placed an order for advertising, southaustralia365.com will allow the lower rate to apply for the remainder of the then current term of the Advertising Agreement after which time, if the agreement is extended or renewed, all rates will be adjusted in accordance with southaustralia365.com's then current advertising and production rates and amended thereafter as notified by southaustralia365.com from time to time. The Client acknowledges, warrants and undertakes that any and all commercial terms offered to them in respect of any documentation comprising this Advertising Agreement is Confidential Information and shall not be disclosed to any third party without the prior written consent of southaustralia365.com. In the event that the Client breaches their confidentiality obligations to southaustralia365.com, southaustralia365.com reserves the right to cancel this Agreement forthwith, and to pursue the Client for all equitable relief including damages. LINKS TO WEBSITES
The Client warrants and represents to southaustralia365.com that each website represented by any URL shown or embedded in any relevant advertisement or any object in any such advertisement or in any integration content: is controlled and operated by the Client, its independent contractors or a client of the Client (in the event the Client is an advertising agency applying on behalf of its own client), will be functional and accessible at all times, will at all times operate in compliance with all applicable laws, regulations and relevant industry codes, and is suitable in all respects including subject matter to be linked to from the southaustralia365.com website containing the advertisement or integrated content.
southaustralia365.com may test all relevant URLs, and may remove any URLs which in southaustralia365.com's sole unfettered opinion fail to comply with the any of the above requirements at any time. PAYMENT
By submitting a request for a listing in the form of a written or electronic order to southaustralia365.com, the Client agrees to be liable for all relevant fees and costs of such order. Unless otherwise indicated in the relevant order and agreed by southaustralia365.com in writing, the Advertising Agreement commences on the date the advertisement appears on the public site and will continue for the term set out therein. Payment is due within 14 days of Invocie Date. Failure to pay within 14 days may result in Suspension of listing and/or loss of place in listing order. No termination or expiration of the Advertising Agreement will terminate or otherwise affect the warranties and indemnities provided by the Client herein which will continue in respect of this Advertising Agreement and any subsequent and/or other advertising agreement between the parties, and all such warranties and indemnities will survive and remain in full force and effect in respect of the performance of all of the Client's relevant obligations. NO REPRESENTATIONS OR WARRANTIES; NO DAMAGES:
The provisions of this paragraph are subject to the terms of the following paragraph regarding Australian consumer warranties. Any of southaustralia365.com's services which are the subject of these Standard Terms and Conditions for Advertisers are provided without warranties of any nature, and southaustralia365.com disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose. In no event will southaustralia365.com be liable for any form of loss, damage, liability or expense whatsoever including but not limited to consequential, indirect, incidental, or special damages, damages for loss of profits, business interruption, loss of or unauthorised access to information, and the like, even if southaustralia365.com has been advised of the possibility of such damages. AUSTRALIAN CONSUMER WARRANTIES:
If this Agreement constitutes a supply of goods or services to a consumer as defined in the Australian Trade Practices Act 1974 or relevant legislation in force in Australian States or Territories ("the Acts") nothing contained in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy pursuant to which the Acts are applicable or is conferred on the Client where to do so is unlawful, in which event southaustralia365.com's liability (or the liability of any of its affiliates) for any breach of this Agreement, including any liability for consequential loss which the Client may suffer or incur will be limited as southaustralia365.com may elect in its sole discretion, in the case of services supplied or offered by southaustralia365.com, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by southaustralia365.com, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. NO USE OF THE southaustralia365.com NAME:
In consideration of southaustralia365.com's review for acceptance of any advertising for publication, the Client agrees not to make promotional or merchandising reference to "southaustralia365.com" or any of southaustralia365.com's affiliates in any way except with the express written authorisation of southaustralia365.com in each instance.
GENERAL PROVISIONS:
These Standard Terms and Conditions for Advertisers embody the entire agreement between the parties and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter. All existing advertising agreements between the parties (if any) are by agreement of the parties hereby terminated and of no further legal effect except for any provisions in such agreements which are expressed to survive termination or expiration. These Standard Terms and Conditions for Advertisers are governed by the laws of the State of South Australia. The Client consents to the non-exclusive jurisdiction and venue of courts of South Australia for all disputes arising out of or relating to this agreement. This agreement does not create a joint venture, partnership, employment, or agency relationship between southaustralia365.com and the Client. southaustralia365.com will not be taken to have waived or modified any of term of the Advertising Agreement except by an express statement in a document signed by a duly authorised representative of southaustralia365.com. The Client may not assign any of its rights in this Advertising Agreement without the prior express written consent of southaustralia365.com. This Agreement, including any of southaustralia365.com's rights or obligations under it may be assigned by southaustralia365.com on notice to the Client, provided that the relevant assignee undertakes to perform all of southaustralia365.com's obligations herein. If any provision of these Standard Terms and Conditions for Advertisers is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be taken to be modified to the extent necessary to make them enforceable. southaustralia365.com may send electronic mail to the Client for any notices or notifications. All notices to southaustralia365.com relating to any legal claims or matters must be made in writing to Director of Business Affairs, AIM365.COM, 67 Wood Ave - Brompton - SA - 5007
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