Byron Bazaar Terms and Conditions of Trade
Byron Bazaar Publishing Pty Ltd (ABN 93 600 689 325) is referred to as (“BB, us, our, we”) in this document.
Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers in our publication.
For Business Advertisers, Personal / Private Advertisers and Content Providers
Every advertiser and advertising agency (“you”) who submits an order for advertising with BB, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and BB for the provision of the advertising ordered by you.
By submitting advertising material to BB or authorising or approving the publication of advertising material by BB on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against BB, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Trade Practices Act (Cth), the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth); or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory). By submitting, authorising or approving advertising material for publication by BB, you indemnify BB and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify BB and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.
We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) that cannot be excluded (“non-excluded conditions”). We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
BB may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if BB believes that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement.
We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.
These Terms and Conditions represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). Publication dates may vary due to local, state or National public holidays. We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.
For Business Advertisers
Advert Design and Content
Advertisers are responsible for supplying the advert in the correct format by the advertised deadline. Adverts that require corrections or alterations will be made at our discretion to ensure our standards and print deadlines are met. The advertiser will pay the cost of such corrections or alterations unless otherwise agreed in advance.
If advert content is not supplied by our deadline we reserve the right to publish the most recent advert used, allocate the booked advertising space to another advertiser or with content of our choice. The advertiser will still be billed for the booked advertising space. If advert content is received by us after the relevant deadline and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order. It is your responsibility to arrange and manage third party suppliers and provide such third party with the creative and lead time requirements. We will not compensate you where campaigns are affected or delayed in any way by third party supplier problems.
Any artwork images or text supplied and/or designed by BB on behalf of the client will remain the property of BB and/or its supplier. They will not be made available for use in other publications or advertising mediums without BB’s written permission.
BB does not allow the use of coupons, vouchers, cut/tear outs, “when you mention this ad”, “special offer with this ad” and such mechanics, discounts, promotions and/or offers within the publication.
1. Payment and Renewal
By selecting a product or service, you agree to pay Byron Bazaar the one-time and/or weekly, fortnightly or four-weekly advertising fees indicated (additional payment terms may be included in other communications). Advertising payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for the four-weekly cycle advertising period as indicated. Payments are not refundable.
Adverts can be canceled by submitting your request to Byron Bazaar in writing. Please note that unless you notify Byron Bazaar before the end of the applicable advertising period that you want to cancel your adverts, your advertising will automatically renew and you authorise us to collect the then-applicable periodic (weekly, fortnightly or four-weekly) advertising fee for such adverts using any credit card or other payment mechanism we have on record for you.
Fees & Payment
By signing up for an advertising account you agree to pay Byron Bazaar the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your advertising is established and in advance of using such advertising. Byron Bazaar reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you by submitting your written notice to Byron Bazaar. Note that for automatically renewing ads you must notify Byron Bazaar prior to the end of the applicable advertising period.
Personal Guarantee and Authorisation
Upon completing any or a combination of the following actions you accept you personally are both responsible and authorised to sign the contract, ensure the bill is paid and / or submit content on behalf of the business or organisation you represent:
- Signing and executing the BB advertising contract (by either hard or electronic copy)
- Making payment to BB
- Submitting material or instructions for adverts to BB
If the business you own or represent closes or is sold, the signatory of the contract remains responsible for payment of any amounts owing as per the contract. The contract can be transferred to the purchaser if both the purchaser and BB approve the transfer. If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may, at our absolute discretion, cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by BB.
Early Termination of Contract
All cancellations of existing contracts will incur a 75% cancellation fee calculated as 75% of remaining adverts booked as per the contract. The fee becomes payable immediately on receipt of advert cancellation instruction along with any other outstanding bills.
Any failure by BB to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Terms of Access to the Website
This Website (referred to in these Terms of Access as the “Website”) is owned and operated by Byron Bazaar Pty Limited trading as Byron Bazaar (“BB”) on the World Wide Web (“WWW”).
The material on the Website is copyright © 2014 Byron Bazaar Pty Ltd and/or other copyright owners.
The Website is available for you to:
(a) Access, conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below in Part A [on this linked page to Part A paras A–U].
(b) Obtain information about our product or service conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By accessing and obtaining information about our product or service you are agreeing to the terms and conditions set out below in Pt B [on this linked page to Part B paras 1–8].
Part A: Use of material on the Website
A. Except for the limited use set out in Part B you may not use the Website, or the material contained on it, for any purpose. This involves:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW;
(e) “framing” the material on the Website with other material on any other WWW site.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
B. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
C. You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.
D. The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,
without the prior written consent of the Owner.
Links to other Websites
F. The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.
G. In relation to the other sites on the WWW, which are linked to the Website, the Owner:
1(a): provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
1(b): is not responsible for the material contained on those linked sites.
2: agree to be bound by any term and conditions of access to those websites as apply in your country or jurisdiction.
H. The Owner is utilising this Website to publish information about its products and services, but is not assuming any duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
I. To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
J. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
K. The Owner does not warrant guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the WWW are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.
L. The Owner is not liable to you for:
(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
M. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
Limitation of liability
N. Disclaimer 1 and/or Disclaimer 2 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
If the breach of an implied warranty or condition relates to services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
Use of information gathered
O. The Owner and/or people authorised by it may gather and process the information:
(a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.
Termination of access
Q. The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
Alteration of Terms of Access
R. The Owner reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
S. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
T. This Agreement will be governed by and interpreted in accordance with the law of New South Wales, Australia, without giving effect to any principles of conflicts of laws.
U. You agree to the jurisdiction of the courts of New South Wales, Australia to determine any dispute arising out of this Agreement.
Part B: Terms and conditions relating to the provision of information about our product or service
A. You represent and warrant in relation to any material and/or information you provide to the Website that:
(a) you are authorised to provide the material and/or information you provide to the website;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the [Fair Trading Act 1987 (NSW) and equivalent state and territory legislation] and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
Licence to use intellectual property
B. By uploading any material which is intellectual property including, but not limited to, copyrighted works, photographs, trade marks and service marks (the “intellectual property”) on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:
(a) reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
(b) allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.
Removal of information
C. In relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.
Limit of liability
D. The Owner and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.
E. You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (in this para 4 referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
F. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
G. This Agreement will be governed by and interpreted in accordance with the law of the state of New South Wales, Australia, without giving effect to any principles of conflicts of laws.
H. You agree to the jurisdiction of the courts of the state of New South Wales, Australia to determine any dispute arising out of this Agreement.
How to contact us about privacy
Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us on: firstname.lastname@example.org
Collection and Purpose
We may collect personal information from you in the course of your website if you input any personal information into the website. In addition, we also collect cookies from your computer, which enables us to tell when you use the website and also to help customise your website experience.
To process your order, we need your name, email address and credit card information.
The purpose for which we collect personal information is to provide you with the best service experience possible on the website. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the website.
We may also disclose your information to companies associated with Byron Bazaar which operate businesses or provide complimentary products and services to those provided by Byron Bazaar and which we believe will be of interest to you.
We customarily disclose personal information only to our service providers who assist us in operating the website. We will only disclose personal information to an unrelated third party with your consent.
Access and correction
National Privacy Principle 6 of the Australian Privacy Act allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.
We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation. We take the utmost care to ensure your sensitive personal information is kept safe but despite our best efforts it is sometimes possible for third parties to intercept this information. We do not guarantee transmissions of data will be totally secure.
Transfer out of Australia
The website may not be hosted in Australia. If that occurs, we will transfer all data on the website (including all personal information) to our hosting service provider in that other country. You hereby consent to this transfer.