1.1. These terms and conditions apply to every activity undertaken and Advertisements published in accordance with this Order.
1.2. Publisher may use as an agent the services of any other entity to fulfil its obligations under this Order and/or may subcontract any of its obligations under this Order. Where the agent or sub-contractor is located outside Australia, Advertiser consents to Publisher sending information about Advertiser outside Australia to such agents and sub-contractors.
1.3. Where an Advertiser is an agency, and places an Advertisement for publication under these terms and conditions, it agrees to these terms and conditions as principal and as agent for its client.
1.4. Publisher has the right to amend these conditions at any time. Notification of amendment shall be provided to Advertisers if they impact a current Order in which case they will only apply to advertising booked or published after the date when notice of the changed terms has been provided to the Advertiser. Where rates payable under the Order are to be amended, Publisher will provide at least 30 days prior written notice to Advertiser. The Advertiser may terminate any Order, within 30 days of the notice of the changed terms (including rates payable) having been provided, if the changed terms reasonably considered would have a negative impact on the Advertiser (which, for the avoidance of doubt, includes where rates payable are increased).
1.5. All advertising irrespective if produced or supplied by the clients agency or creative agency will only be billed direct to the client.
2. Term and termination of Order
2.1. Each Order commences on the first to occur of:
a. The date it is signed or authorised (using any media or technology) by or on behalf of the Advertiser, or
b. The date the Publisher starts providing some or all of the advertising services under and in accordance with the Order, whichever comes first.
2.2 This Order will continue until Advertiser or Publisher provides the other with at least 10 days prior written notice that this Order will terminate, provided that such termination cannot take effect prior to the date which is 120 days after the Campaign Start Date as displayed on Advertiser’s dashboard, subject to the remainder of these terms.
2.3. Either party may, by written notice to the other, terminate any Order if the other party is in material breach of its obligations under the Order or these terms and conditions and, where capable of being remedied, the other party does not remedy that breach within 7 days after written notice of such breach.
2.4. Publisher may, by written notice to the Advertiser, terminate any Order if the Advertiser suffers an insolvency event or has a reasonable belief that the Advertiser is no longer able to pay its debts as and when they fall due.
2.5. Publisher may not publish or may terminate any Order if the Advertiser does not prepay on or before 10 days prior to the first publication date. Prepayment is required for each subsequent month 10 days prior to the next publication date. The Publisher reserves the right to terminate or withhold the advertising. If it occurs within the first 120 days of the contract the Advertiser will be billed and is liable to pay for the remaining 120 days that have not been paid whether or not the advertising is published.
2.6. Publisher reserves the right to suspend or cancel any aspect of an Order where:-
a. Publisher considers Advertiser becomes a credit risk; or
b. Advertiser’s advertisements pose a reputational risk or other unacceptable risk for Publisher; or
c. Publisher is no longer able to deliver the advertising services, including where it is no longer the Publisher and where the advertising services
are provided by a third party which no longer is able or willing to supply those services to Publisher or all or some of Publisher’s advertising
d. Any other clause of these terms or any other agreement with Publisher enables the Publisher or Community Newspaper Group Ltd to suspend or cancel an order.
Publisher will reduce the amount payable by Advertiser under the Order on account of that cancellation or suspensions under clauses (a)-(d) above.
2.7. If the Advertiser does not supply the Publisher with any requested approvals or materials for any part of a campaign under an Order within 7 days
of Publisher’s request, Publisher may cancel that part of the Order and will in turn reduce the amount payable by Advertiser under the Order on account
of that cancellation.
2.8. If clauses 2.6(a)-(d)and 2.7 are invoked within the first 120 days of the contract the Advertiser will be billed and is liable to pay for the remaining 120 days that have not been paid whether or not the advertising is published.
Advertiser authorises Publisher to dispose of any materials supplied to Publisher relating to any advertisement (including illustrations, copy, photographs, artwork, and press-ready PDF digital files) following publication of an advertisement. Publisher is not required to retain or return to Advertiser any such materials.
4. Publisher rights and discretions
4.1. Every Advertisement submitted for publication is subject to Publisher’s approval. Publisher may at its absolute discretion at any time:
a. Refuse to publish or distribute any advertisement without giving any reason (in which case, no charge to Advertiser will be incurred);
b. Cancel a campaign (in which case, no charge to Advertiser will be incurred for the unpublished portion of the campaign); or
c. Head an advertisement ‘Advertisement’ , “sponsored content” or similar
d. If clauses 4.1(a)-(c) are invoked within the first 120 days of the contract the Advertiser will be billed and is liable to pay for the remaining 120 days that have not been paid whether or not the advertising is published.
4.2. Publisher owes no duty to Advertiser to review, approve or amend any Advertisement and no review, approval or amendment by Publisher will affect Advertiser’s responsibility for the content of the Advertisement.
4.3. Publisher may, but is not obliged to, under pressure of deadline and without prior consultation or notice to Advertiser, amend any Advertisement in any terms whatsoever, if Publisher perceives it to be (i) in breach of any law of Australia or of any state (whether civil or criminal), (ii) in breach of any pre-existing publishing agreement entered into by Publisher, (iii) defamatory, (iv) in contempt of court or parliament, (v) otherwise likely to attract legal proceedings of any kind, (vi) offensive. Should Publisher so amend the Advertisement, the agreed price shall not be reduced.
4.4. Publisher has the right, and the right to permit other persons, to republish any Advertisement in any print, electronic or digital form for any purpose using any media and in any part of the world.
4.5. In relation to all advertisements for publication in non-Network advertising space the Advertiser acknowledges that the terms of supply of that space may be changed by the supplier without notice to the Publisher or Advertiser. If an advertisement is rejected by a supplier or a supplier ceases to sell or withdraws advertising space, the Publisher will use reasonable endeavours to consult with the Advertiser first but is authorized by the Advertiser to amend the campaign by removing the affected parts or substituting other services from other suppliers at the reasonable discretion of the Publisher.
4.6. Advertiser permits Publisher to set up and operate AdWords and similar accounts and Google Analytics and similar services on behalf of Advertiser. Advertiser will ensure that Publisher (and its agents and subcontractors as appointed by Publisher) are the only persons entitled to access and manage such Advertiser’s AdWords accounts. The Advertiser may continue to access their Google Analytics accounts.
4.7. Advertiser permits Publisher and its agents and subcontractors to access and modify Advertiser’s websites for SEO purposes. Advertiser acknowledges that SEO can take in the order of 12 months to generate search results positioning changes, and that such changes can be impacted by search engine changes.
5. Positioning, Placement and other Advertiser requests
5.1. The positioning and placement of an Advertisement is at the discretion of Publisher except in relation to Network non-programmatic advertising space where expressly agreed in writing by Publisher. For Network non-programmatic advertising space Publisher will use reasonable endeavours to position Advertisements, in accordance with the Advertiser’s request if the Advertiser has agreed to pay any relevant preferred position loading charges. If Publisher fails to publish the Advertisement in accordance with Advertiser’s paid, preferred position loading, then subject to clause 13.1, Publisher’s liability will be limited to refunding the relevant position loadings paid.
5.2. Subject to clause 5.1, if an Advertisement is to be published in a digital publication which is part of the Network, Publisher may vary the placement and/or format of Advertisements across the relevant digital media. Publisher will use reasonable endeavours to notify Advertiser of such changes. Advertising space in a digital publication may be filled on rotation with various Advertisements from various Advertisers.
5.3. Despite anything else in this Agreement but subject to clause 13.1, where services in the Order includes the purchase of non-Network advertising space, or the programmatic purchase of advertising space for publication of Advertisements (whether on the Network or otherwise), Publisher makes no representation or warranty in relation to:
a. The positioning or placement of the Advertisements;
b. The nature of the content of the third party digital media or platforms where Advertisements are published;
c. The audience of the third party digital media or platforms where Advertisements are published;
d. The effectiveness of brand safety strategies that Publisher will endeavour to employ.
5.4. Despite anything else in this Agreement, but subject to clause 13.1:
a. Where services in the Order include a mix of Network and non-network advertising space the Publisher makes no representation or warranty in relation to what that mix will be, or the accuracy of the mix;
b. Where services in the Order are targeted at specific demographics, the Publisher makes no representation or warranty in relation to the accuracy of the targeting;
c. Where services in the Order include the use of proxy pages for call tracking, the Advertiser will cease to have access to all data collected by the
proxy pages at the end of the term of the Order or earlier cancellation of the Order.
6. Deadlines & Specifications
6.1. Publisher imposes various deadlines (including for the provision to the Publisher of bookings for Advertisements and material for Advertisements, changes or variations to Advertisements) and specifications (including for size). All deadlines and specifications must be met by Advertiser. Subject to clause 14.1, Publisher is under no obligation in relation to material or information received after relevant deadlines or not in accordance with the relevant specifications. If creative is received after the deadline or not in accordance with specifications and results in a campaign being delayed, the publication of the advertisement will be considered to have commenced as of the date on the Order. An Order may specify different start dates for different elements of a campaign. For any element of a campaign without a specified commencement date, the commencement date will be the commencement date of the Order.
6.2 Where deadlines or specifications for any element of the Order are not met by Advertiser (including install of Advertising Code provided by Publisher or approval of Proofs) prior to the due commencement date of that element of the campaign under the Order, that element of the campaign may be delayed without impacting the commencement of any other element of the campaign. Where this occurs, Publisher will reduce the total amount payable under the Order accordingly. Where one or more elements of an Order are delayed by News Xtend, subject to clause 13.1, News Xtend will either change the start and end dates of those elements or reduce the fees, acting reasonably and after consulting with the Advertiser.
6.3. Deadlines and specifications may be changed by Publisher providing reasonable prior written notice to the Advertiser.
6.4. Publisher accepts no responsibility for any error when instructions or copy have or has been provided over the telephone unless Publisher receives written confirmation of the instructions or copy before the deadline.
6.5. It is the responsibility of the Advertiser to notify Publisher of any error immediately after it appears. Unless so notified, Publisher accepts no responsibility for any recurring error or any Loss relating to that recurring error.
6.6. Cancellations by the Advertiser can only be made by giving Publisher 10 days’ prior written notice. Publisher will act on such cancellation within this
10 day period or at the campaign’s monthly renewal date, whichever is sooner or as per clause 2.2.
7. Order fulfilment
7.1. Where Publisher provides Advertiser with any Advertising Code, Advertiser warrants that:
(a) it will ensure an experienced and appropriately skilled web developer or other digital technician installs the Advertising Code in accordance with any instructions of Publisher and all relevant industry practice;
(b) it will comply with its obligations under paragraph (a) promptly and in any case within any time period agreed with Publisher;
(c) it is entitled to install such Advertising Code and the use of such Advertising Code is compliant with all relevant laws and the terms and conditions and disclosures made by the Advertiser to users of and visitors to its digital properties which will deploy or be otherwise impacted by the Advertising Code;
(d) it agrees and acknowledges that, subject to clause 14.1, Publisher and its contractors assume no liability for inaccurate placement of any Advertising Code on the Advertiser’s websites, which the Advertiser understands may lead to data not being collected or the website suffering functionality or content issues.
7.2. Publisher has no responsibility or liability in relation to a breach by Advertiser of clause 7.1 (a)-(c). , unless the breach is directly caused by
7.3. Where Publisher sources and/or provides content from any public source branded with the Advertiser’s brand, goods or services including publically facing websites, apps and social media platforms, Advertiser grants all necessary permissions and licenses for Publisher:
(a) to collect such content; and
(b) to use such content in any manner to enable it to comply with its obligations under this Order including publishing on any platform anywhere in the world.
Advertiser will notify Publisher of any materials on those websites, apps and social media platforms which cannot be used by Publisher for the purposes of the Order fulfilment.
7.4. Where the Order includes relevant services relating to the Advertiser’s social media activity or presence (Ordered Social Media Platform Accounts)
then the Advertiser:
a. Will provide to Publisher all Ordered Social Media Platform Accounts details including usernames and passwords to allow Publisher to access and manage such Ordered Social Media Platform Accounts. Unless otherwise stated in the Order, Advertiser will ensure that Publisher is the only person or party entitled to access and manage such Ordered Social Media Platform Accounts except that Advertiser may still post to the Ordered Social Media Platform Accounts;
b. Permits Publisher to establish new social media accounts on any platform in the name of the Advertiser and to agree to the relevant platform’s terms and conditions on behalf of Advertiser;
c. Will comply with any third party platform provider or third party publisher terms and conditions as notified by the Publisher to the Advertiser from time to time; and
d. The Advertiser must ensure that all persons whose email addresses or telephone numbers are supplied by the Advertiser for messaging by the
Publisher for the Advertiser through Ordered Social Media Platform Accounts have provided and have not withdrawn consent to receive commercial and marketing messaging from the Advertiser and its contractors, including the Publisher. Advertiser must update Publisher of all changes in consents. Advertiser warrants that it holds consents from those to be sent messages for their information to be sent outside Australia for messaging on behalf of Advertiser.
7.5. Where the Order includes relevant services relating to Ordered Social Media Platform Accounts then Advertiser acknowledges and agrees that
a. Link to third party content and media from the Ordered Social Media Platforms;
a. Include on Ordered Social Media Platforms content or links from third party sites or platforms;
b. Supply Advertiser with Advertising Code to assist in maximizing the impact of the News Xtend products and services which are the subject of this order.
7.6. Advertiser will notify Publisher promptly on becoming aware of any:
a. Inappropriate conduct or content on any Ordered Social Media Platform Accounts;
b. Unauthorised access to any Ordered Social Media Platform Accounts;
c. Security breach in relation to its passwords or usernames, and Publisher will take reasonable steps to remove any inappropriate content, report (where appropriate to do so) users of the Ordered Social Media Platform Accounts to the platform operator and change usernames and passwords. Action can take a number of days in this regard.
8. On Network advertising
8.1. It is the advertiser’s responsibility to arrange and manage re-directs with third party ad-servers and provide such third party with the creative and lead time requirements. Publisher will not compensate Advertiser for campaigns which are affected or delayed in any way by third party ad server redirect problems. Publisher may in its absolute discretion remove any redirects from Publisher’s network which are delayed in serving advertisements.
8.2. If third party re-directs are used to serve creatives as part of Advertiser’s campaign, any reporting from third party systems can only be used for indicative purposes.
8.3. All metrics related to billing, delivery and performance of Advertiser’s campaign shall only be derived from Publisher’s ad serving and reporting systems. In the event of a discrepancy between Publisher’s reporting system and Advertiser’s third party reporting system which exceeds 15%, Advertiser is entitled to initiate an investigation by contacting their third party ad serving provider. Subject to clause 14.1, Advertiser is not entitled to any form of compensation from Publisher where third party re-directs have been correctly implemented by Publisher.
8.4. All click-through URL’s in Advertisements appearing on the Network must enable the browser’s back feature to allow users to return to the relevant
9. Proofs and sign-off
9.1. Unless stated to the contrary in the Order, Publisher will request Advertiser’s approval of any creative materials prior to using those creative materials to provide services under the Order.
9.2 Where Publisher requests Advertiser’s approval under clause 9.1 and Advertiser fails to respond to Publisher within 5 business days of such request as to whether or not such materials are or are not approved, Publisher may still use those materials to provide services under the Order provided:
a. Publisher provides at least 2 business days’ prior notice to Advertiser that it will be using such materials to fulfill the Order;
b. Such materials are only used in a digital environment where they can be amended on at least 2 business days’ notice from the Advertiser; and
c. Such materials are in the same form and content as an approved and published print or digital ad of the Advertiser modified only with respect to formatting and inserting of hyperlinks.
9.3. Where Publisher fails to provide a requested proof or other materials for approval in accordance with clause 9.1, and the published Advertisement substantially conforms to the copy provided by the Advertiser or generally complies with the requirements of the Order, or where the circumstances of clause 9.2 are met, then Advertiser is liable to pay the full cost of the Advertisement.
10. Intellectual Property
10.1. Publisher owns and retains all copyright and other intellectual property rights in relation to any Advertisements produced by Publisher or any materials provided by Publisher for use in an Advertisement. Advertiser obtains no rights in relation to those advertisements produced by Publisher or in relation to content from Publisher. This clause does not in any way derogate from Advertiser’s obligations or liabilities in relation to such
10.2. As between Advertiser and Publisher, Publisher owns all intellectual property rights in:
a. The News Xtend trade mark and logo;
b. All content and materials created by Publisher in relation to the Order and the fulfilment of the Order;
c. In results, reports or data generated, prepared or provided by or on behalf of Publisher relating to the Advertiser, the Advertisements or the Order(and fulfilment thereof).
10.3. Where results, reports or data are provided to Advertiser as part of the services included in the Order, Publisher provides to Advertiser a perpetual, royalty free, worldwide license to use those results, reports or data for internal business purposes of the Advertiser only.
10.4. Publisher may use any results, reports or data without restriction provided that any disclosure to any person not employed by or contracted to or providing services to News will not identify the Advertiser (except where the Advertiser has provided consent to such disclosure).
11. Rates, invoices and GST
11.1. For Advertiser with approved 30 day terms accounts the Publisher will issue state/tax invoice on a monthly basis and the account must be paid in accordance within the terms stipulated on the statement page.
11.2. All advertising for Advertisers without approved 30 day terms accounts are to be prepaid 10 days prior to the commencement date of the first Order and subsequently 10 days prior to the succeeding months as per the Order. A statement/tax invoice will be rendered half monthly.
11.3. Rates stated in any Order are specific to that Advertiser for that Order where the advertising is booked directly with Publisher and without the involvement of any advertising, media buying or other agency (unless otherwise specifically agreed in writing by the Publisher).
11.4. Any dispute the Advertiser has with an invoice must be raised with Publisher promptly and no later than 10 days after the invoice date.
11.5. All rates and charges are expressed by the Publisher as GST inclusive (except where otherwise made clear). Publisher will issue a valid tax invoice in relation to any supply of advertising or related services under these terms which are subject to GST.
11.6. Advertiser agrees to pay any GST liability arising in relation to the provision by Publisher of advertising services under these terms.
11.7. Where an Advertiser fails to pay an account by the due date or fails to comply with any relevant terms and conditions, Publisher may, at its absolute discretion, cancel or suspend any booked advertising or refuse to accept any further advertising of the Advertiser and at the absolute discretion enforce clause 2.2.
11.8. Where any display element of the Order is charged based on performance goals, the following shall apply :
a. The details of serving a performance goal are to be determined at Publisher’s reasonable discretion including as to how or when to schedule or place any Advertisements and rotating any creative for Advertisements, subject to any express written agreement between the parties regarding how the performance goals are to be met as set out in the Order.
b. A cost per unit is the agreed bid for each unit of performance. Cost per unit values are to be agreed between the Publisher and the Advertiser as a GST exclusive amount. An advertiser must select one of the News Performance cost per unit buying models, being either CPC, CPA or CPM as described below.
(i). Cost-Per-Click (CPC) is one of three available buying models for News Performance. A click-through is defined as an occasion on which a user on the internet clicks on an advertisement directing that user to the Advertiser’s nominated URL. The Advertiser will be invoiced on the number of click- throughs as reported by Publisher’s ad tags.
(ii). Cost-Per-Action (CPA) or Cost-Per-Lead (CPL) is one of three available buying models for News Performance. An action is a user event, agreed between the Advertiser and the Publisher. Actions are deemed to have occurred when a user has either clicked on or viewed an ad and then completed the agreed action. Post-click conversions will be monitored for up to 30 days, and post-view conversions for up to 14 days after the campaign end date. The Advertiser will be invoiced for the number of user actions that occurred, as indicated by Publisher’s action tags.
(iii). Cost-Per-Thousand (CPM) is one of three available buying models for News Performance. A CPM campaign pays for each thousand ad impressions served, irrespective of consequential clicks or actions. The Advertiser will be invoiced for the number of thousand impression units that are delivered across the Network.
c. In order to run a CPA campaign, Advertisers must ensure that Publisher action tracking tags (spotlights) are included on the relevant action generating page or pages. This can be placed directly on the Advertiser’s site or delivered via a universal action tag through a third party ad server, however any campaign invoicing will be calculated from Publisher ad server reports only (inclusive of both Post click and Post View actions recorded). Publisher will not be accountable for any ad serving charges arising from the usage or implementation of third party action tracking tags or systems.
d. Where Advertiser incorrectly implements Publisher action tags such that invoices cannot be finalised, a charge equivalent to $3.00 per thousand impressions delivered is payable.
e. Subject to clause 14.1, the Publisher will adopt due care and skill to deliver the contracted performance units (impressions, clicks or actions) but there is no guarantee of:
(i) Delivery of all goals by the end date;
(ii) Even delivery across flighting period; or
(iii) Minimum flighting period.
(f) 15 Campaign reporting and updates can be scheduled with an account manager.
12. Linked Advertising Expenditure Agreements to an Advertising Agency
12.1. A linked Advertising Expenditure Agreement with related companies is only available where an Advertiser and its subsidiaries, franchises or branch offices are linked together for the purpose of an Advertising Expenditure Agreement and where subsidiaries fall within the definition of that term in the Corporations Act 2001. Where that is the case, and subject to Publisher’s approval which may be granted or withheld in its absolute discretion, the customer is entitled to combine its advertising expenditure with those subsidiaries, franchises and branch offices and receive the relevant discount.
12.2. Where an Advertiser wishes to establish a linked order, the following must be provided to Publisher in order to seek Publisher’s approval for a linked order (which may be granted or withheld in its absolute discretion):
a. A list of all subsidiaries, franchises and branch offices; and
b. Any other information that Publisher may in its discretion require to satisfy itself that Advertiser is entitled to place a lined order.
12.3. Direct customer Advertising Expenditure Agreements may not be linked to an advertising agency without the written approval of Publisher.
13. Limitation of liability
13.1. Nothing in these terms and conditions excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. Publisher excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from an Advertiser’s use of or acquisition of or in relation to the ordering or booking of any advertising services (including under an Advertising Expenditure Agreement) from the Publisher whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to Community Newspaper Groups’ liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 13 shall apply.
13.2. Subject to clause 13.1, Publisher makes no representation or warranty of any kind and in particular makes no representation or warranty:
a. In relation to the continued production of any publication, in print or digital form;
b. In relation to the final placement, positioning or date of publication or distribution of an advertisement;
c. That distribution of a publication will occur on a specific date, by a specific time, to a specific number of consumers or readers or within a specific geographic area;
d. In relation to the number of visitors to its websites or the number of impressions at any site;
f. Regarding how a News Xtend service or how any Advertisement or Advertising Material will be presented to end-users or that all features of a News Xtend service or any Advertisement or Advertising Material will be available to all end-users.
13.3. Subject to clause 13.1, the Advertiser acknowledges that distribution of a relevant publication may be suspended or ceased at any time for any reason.
13.4. Subject to clause 13.1 and clause 13.5, Publisher is not liable to Advertiser for any direct or Indirect Loss of any nature including where arising from the failure of Publisher, whether negligent or otherwise, to publish an Advertisement or from the failure of Publisher to publish an Advertisement in the form prescribed or from publication of the Advertisement with errors or omissions or in any way relating to the distribution or lack of distribution of the relevant publication.
13.5. Subject to clause 13.1, where any of the circumstances set out in clause 13.4 arise:
a. Advertiser shall incur no cost where the Advertisement has not been published at all or where the error or failure has arisen solely due to the negligence of Publisher or any of its employees, or agents; and
b. In all other circumstances, and subject to the other applicable terms, the agreed rate shall be reduced according to circumstances and the Publisher’s liability will not be greater than republication of the relevant advertisement, or payment of the cost of republishing the relevant advertisement, at Publisher’s discretion.
13.6. Subject to clause 13.1, Publisher’s liability for a breach of a term or guarantee implied by law is limited at Publisher’s discretion, to the supply of the service again or payment for the cost of having the service supplied again.
13.7. Subject to clause 13.1, Publisher has no responsibility or liability to Advertiser in relation to:
a. Publisher exercising its rights under these terms; or
b. Any failure of telecommunications services or systems which affect the receipt by Publisher of any material, a notice or communication of any kind or the publication of an advertisement or campaign; or
c. Any content provided by a third party on an Advertiser’s digital properties, provided the Publisher, where it is able to do so, removes that content within a reasonable period of time after being asked to do so by the Advertiser.
14. Warranty & Indemnity
14.1. Advertiser warrants that it will only use the advertising space and services which it acquires under this Order to advertise its own brands, goods or services and may not sell or otherwise deal with that advertising space.
14.2. Advertiser warrants that the Advertising Material complies with all relevant laws and regulations and that its publication in accordance with these terms will not give rise to any claims against or liabilities of Publisher, its directors, employees or agents. Without limiting the generality of the above, advertisers and or advertising agencies warrant that none of the Advertising Materials, nor the use of them (including passwords and usernames) as contemplated by this Order, or the compliance by Advertiser with these terms or the Order breaches or will breach the Competition and Consumer Act
2010, Privacy Act 1988, Copyright Act 1968, any other relevant law or infringes the rights of any person.
14.3. Advertiser indemnifies Publisher its directors, employees and agents and those of its related bodies corporate against all claims, demands, proceedings, costs (including solicitors and own client costs), expenses, damages awards, judgments and any other liability whatsoever arising wholly or partially, directly or indirectly, from or in connection with the publication of an Advertisement or a breach of any provision of the Order or these terms and conditions (including without limitation clause 14.1 and14.2) except to the extent caused by the Publisher.
15. Privacy Statement
15.1. Publisher (we) collects personal information about Advertiser (you), including for example Advertiser’s name and contact details which you provide when registering or using our services as well as information from data houses, social media services, our affiliates and other entities you deal or interact with for example by using their services. We collect and use that information to provide you with our goods and services, to promote and improve our goods and services, to provide you with targeted advertising based on your online activities, for the purposes described in our Privacy
15.2. Advertiser acknowledges and agrees that certain of its information will be provided by Publisher to third parties (some of whom are located in USA and other international jurisdictions) involved in the provision of services under the Order. Publisher maintains confidentiality obligations with those third parties in relation to such information.
16. Cookies and tracking data
16.1. Advertiser warrants that it does not and will not collect personal information or tracking information in relation to the Network, users of Publisher’s services and visitors to the Network and further warrants that material provided by or on its behalf for publication by Publisher does not contain:
a. Third party cookies intended to retarget Publisher’s users or their browsers; and
b. Any code, technique or mechanism (including any advertising unit, widget, pixel tag, cookie, script or other data collection process) to track or in any way identify users of or visitors to any of the Network properties, unless it has the express prior written consent of Publisher.
16.2. All data generated by or collected from the Network and its’ users visiting the Network is the property of Community Newspaper Group Ltd. Where reports are provided to Advertiser as part of the services included in the Order, Publisher provides to Advertiser a perpetual, royalty free, worldwide licence to use those reports for internal business purposes of the Advertiser only.
16.3. No party may collect or use, or direct, authorise or assist other persons or entities to collect or use, any data from a user, or a computer or device operated by a user, while visiting the Network for purposes of retargeting, behavioural remarketing, or targeting any advertisements, segment categorisation or any form of syndication outside of the Network without the prior express written permission of Publisher in each instance.
16.4. Any party who would like to obtain permission from Publisher to be a data collector on the Network despite the restrictions on third parties set out in this clause 17 must successfully complete the Community Newspaper Group Ltd data collector certification process and be approved as a data collector before collecting any data on the Network. A request to become a data collector can be made by contacting Community Newspaper Group Ltd at 34 Stirling Street Perth WA 6000 and the approval may require that the applicant provide additional information about the data being collected and data collecting technology being used, executing any applicable Data Certification Agreement and certifying compliance with additional technical guidelines and specifications. Unless agreed otherwise with Publisher, any approved data collection must be in accordance with Community Newspaper Group Ltd’s guidelines.
These terms and conditions are governed by the laws of the relevant state or territory and each party submits to the exclusive jurisdiction of that relevant state or territory. Where Advertiser is making a single booking through a Community Newspaper Group Ltd business with more than one Publisher, the relevant jurisdiction will be Western Australia.
18. Other conditions
Any text heavy Advertisement is subject to approval of the editor of the relevant Publication, to be exercised with unfettered discretion. Any such Advertisement must be presented in a manner which clearly delineates it from the editorial content of the relevant Publication including by labelling as an Advertisement in a prominent manner and using a clearly different font and format.
a. Advertisement includes any material in any form lodged for publication or other distribution as an advertisement (including as a published advertorial or social media comments).
b. Advertiser means each advertiser and or advertising agency who seeks to have Publisher publish or otherwise distribute an advertisement.
c. Advertising Materials means all materials provided by the Advertiser to Publisher to permit or assist Publisher to comply with its obligations under the Order and includes artwork, images, copy, account passwords and usernames.
d. Loss means direct and indirect loss of any nature. Indirect loss includes the following: loss of profit, loss of business opportunity, loss of goodwill and payment of liquidated sums or damages under any other agreement.
e. Network means the network of digital websites of Community Newspaper Group Ltd from time to time.
f. Order means the News Xtend order form as signed or otherwise accepted and approved by the Advertiser.
g. Publisher means Community Newspaper Group Ltd (ABN 47 007 871 178) of 34 Stirling Street Perth WA 6000.
h. SEO – Search Engine Optimization.