Advertising | Terms & Conditions Advertising | Terms & Conditions

Terms & Conditions

Advertising Terms

These terms apply to all advertising provided to any person (Customer) by Ripefruit Media Limited ABN 79 118 342 788 or a subsidiary (OnlyMelbourne).

Customer includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients.

1. Publication of Advertising
1.1 Subject to these Terms, Ripefruit will use its reasonable endeavours to publish advertising (Advertising) in the format and in the position agreed with the Customer.
Advertising includes images submitted for publication and content or information relating to published Advertisements.
1.2 Customer grants Ripefruit a worldwide, royalty-free, non-exclusive, irrevocable licence to publish the Advertising online or by email. Customer warrants that it is authorised to grant Ripefruit the licence in this clause 1.
2. Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by Ripefruit represents an agreement to publish Advertising. An agreement will only be formed between Ripefruit and Customer when Ripefruit
accepts the Advertising in writing or generates a tax invoice for that Advertising.
2.2 Ripefruit reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by Ripefruit).
3. Right to vary Format, Placement or Distribution
3.1 Ripefruit will use reasonable efforts to publish Advertising in the format and in the position requested by the Customer. However, Ripefruit reserves the right to vary the placement of Advertising
or to change the format of Advertising.
3.2 Except in accordance with clause 12, Ripefruit will not be liable for any loss or damage incurred by a Customer arising from Ripefruit's failure to publish Advertising in accordance with a Customer's request.
3.3 If Ripefruit changes the configuration for a publication, Ripefruit reserves the right to shrink or enlarge the Advertising by up to 10% without notice to Customer or any change to rates.
4. Submission of Advertising
4.1 Customer warrants to Ripefruit that the publication of the Advertising does not breach or infringe:
(a) the Competition and Consumer Act (Cth) or equivalent State legislation;
(b) any copyright, trade mark, 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 (Cth); 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 Customer warrants that if Advertising contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
4.3 Advertising containing contact details for the Customer must contain the full name and street address of the Customer.
4.4 Advertising submitted electronically must comply with Ripefruit's specifications. Ripefruit may reject the Advertising material if it is not submitted in accordance with such specifications.
4.5 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 (Cth) and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
4.6 Customer must not resell Advertising space to any third party without Ripefruit's consent.
4.7 If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies Ripefruit against any loss in connection with the Advertising.
5. Online Advertising
5.1 For Featured Event Advertising, Customer must submit creative materials and a clickthrough URL to Ripefruit at least 2 working days or within such other deadline advised by Ripefruit at its discretion before publication. Ripefruit may charge Customer for advertising cancelled on less than 7 days notice.
5.2 All Advertising must comply with Ripefruit's advertising specifications.
5.3 Ripefruit is not liable for loss or damage from an internet or telecommunications failure.
5.4 Customer acknowledges that Ripefruit includes additional features such as third party advertisements within Featured Advertising.
6. Errors
6.1 Customer must promptly check Advertising Listings and notify Ripefruit of any errors.
6.2 Ripefruit does not accept responsibility for any errors submitted by the Customer or its agent.
6.3 Customer must send any claim for credit or republication in writing to Ripefruit no later than 7 days after the date of publication of the Advertising.
7. Advertising Rates and GST
7.1 The Customer must pay for Advertising at the advertised ratecard rate. Ratecard rates may be varied at any time by Ripefruit without notice. Ripefruit will provide a tax invoice (if requested).
8. Payment
8.1 The Customer must pre-pay for Advertising.
8.2 If Customer fails to provide the copy by the requested publication date, Customer will be charged unless a cancellation is approved by Ripefruit. If Ripefruit accepts Advertising after the deadline, it will be deemed out of specification. Customer has no claim against Ripefruit for credit, republication or other remedy for out of specification Advertising.
8.3 Customer must pay the full price for Advertising even if Ripefruit varied the placement of the Advertising or if there is an error in the Advertising, unless the error was Ripefruit's fault. Customer must pay its electronic transmission costs.
9. Liability
9.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Ripefruit in connection with the Advertising.
9.2 Ripefruit 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 and equivalent State acts) which cannot by law be excluded (Non-excludable Condition).
9.3 Ripefruit limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by Ripefruit to the re-supply of the Advertising or payment of the cost of re-supply (at Ripefruit's option).
9.4 Subject to clauses 9.2 and 9.3, Ripefruit excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by Ripefruit, whether that liability arises in contract, tort (including by Ripefruit's negligence) or under statute. Without limitation, Ripefruit will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
9.5 The Customer indemnifies Ripefruit 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.
10. Privacy
10.1 Ripefruit collects a Customer's IP information to provide the Advertising to the Customer and for invoicing purposes.
10.2 Customers may gain access to their IP information by writing to the Privacy Officer, PO Box 3084 Ivanhoe North VIC 3079 Ripefruit's privacy policy is at www.ripefruit.com.
11. Confidentiality
11.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (Agents) treat as confidential and will not disclose, unless disclosure is required by law:
(a) the terms of this Agreement (including terms relating to volumes and pricing);
(b) information generated for the performance of this Agreement, including all data relating to advertising schedules, booked advertising, prices or volumes;
(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
(d) any information derived wholly or partly for any information referred to in (a) to
(c) above; Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third
party.
12. General
12.1 These Terms, with any other written agreement, represent the entire agreement of the Customer and Ripefruit for Advertising. They can only be varied in writing by an authorised officer of Ripefruit.
No purchase order or other document issued by the Customer will vary these Terms.
12.2 Ripefruit will not be liable for any delay or failure to publish Advertising caused by a factor outside Ripefruit's reasonable control (including but not limited to any act of God, war, breakdown
of plant, industrial dispute, electricity failure, governmental or legal restraint).
12.3 Ripefruit may serve notice on Customer by post or fax to the last known address of the Customer.
12.4 These Terms are governed by the laws of the State in which the billing company for the Advertising is located and each party submits to the non-exclusive jurisdiction of that State.

---

❊ Web Links ❊

➼ Advertising | Terms & Conditions 

❊ Also See... ❊

➼ Advertising | Featured






Update Page