All Advertisements accepted for publication by My Playmate (MPM) on the website, are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by MPM in writing.
In these conditions:
- "Advertiser" means the person whose goods or services are advertised;
- "Advertisement" means display advertising and shall include supplements and re-directed advertisements;
- "Buyer" means the person placing the order for the insertion of the Advertisement;
- "MPM Site" means the MPM website onto which an Advertisement is sold
- All Advertisements are accepted subject to space being available on the MPM Site.
MPM reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer's assets, or any indication whatsoever of financial difficulties.
These conditions, and all other express terms of the contract between MPM and the Buyer, shall be governed and construed in accordance with the Laws of New South Wales, Australia and the parties hereby submit to the non-exclusive jurisdiction of the Australian Courts.
The Buyer agrees that at all times its conduct of business with or on behalf of MPM is strictly to comply with all applicable laws, ordinances, codes, regulations, standards and judicial and administrative orders (jointly “Applicable Laws”) relevant to its duties, obligations and performance including, without limitation, Applicable Laws related to bribery and those enforced in the state where the Buyer resides or conducts its business.
Buyer to Contract as Principal
The Buyer warrants that the Buyer contracts with MPM as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser's advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with MPM.
Delivery and Ownership of Materials
Materials delivered must conform to MPM's specifications. MPM reserves the right to charge the Buyer for work that is required to amend materials to conform to its specifications but accepts no liability for such work.
Any intellectual property rights in designs prepared by MPM shall remain the property of MPM and Advertisements, including such designs may not be reproduced without MPM's express written consent.
If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to MPM on request.
Prices and Payment Terms
- Prices published by MPM are subject to revision at any time and orders are accepted on the condition that the price binds MPM only in respect of the period specified in the applicable rate card.
- Series discounts apply only to orders placed in advance and completed within the agreed period. MPM reserves the right to adjust advance discounts and/or to surcharge in the event of a series of Advertisements not being completed within that period. If the Buyer cancels the balance of a contract to publish a series of Advertisements, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate.
- Prices are exclusive of applicable Goods and Services Tax (GST) which the Buyer shall additionally be liable to pay to MPM.
- Credit accounts must be settled in accordance with the terms shown on the invoice, which are strictly net. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the Westpac plc Minimum Lending Rate.
Limitations on MPM's Liability
- Except to the extent specified in paragraph 15, MPM shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of the MPM Site in which any Advertisement is scheduled to be included. In the event of an error or omission by MPM, which detracts materially from the Advertisement, MPM will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission or where the error or omission is the result of delivery of materials which do not comply with MPM’s specifications.
- The total liability of MPM to the Buyer for any act or omission of MPM, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to MPM for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, MPM shall not be liable for any loss of profits or business or for indirect or consequential loss. MPM accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.
- MPM accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
Cancellation or Suspension
- Cancellation or suspension of an Advertisement by the Buyer must be received in writing by MPM within 5 working days of go-live date.
- MPM reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.
Buyers Warranties and Indemnities
- The Buyer warrants that the Advertisement does not contravene the Australian Code of Advertising Practice and is not in breach of any relevant legislation, including the Equality Act 2012, the Obscene Publications Act and any other legislation or regulation, which apply to specific Advertisers, products or services.
- If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
- The Buyer will indemnify and hold harmless MPM from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. MPM reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make MPM or the Advertiser liable to any complaint, claim or proceedings.
- The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold MPM harmless accordingly.
- The Buyer must deliver complete creative content to MPM at least 5 working days before the go-live date in a format which complies with MPM's online ad formats. To cancel or alter an order the Buyer must inform MPM by e-mail or fax to the number or address on the order, at least 5 working days before the go-live date. Otherwise, MPM may not be able to achieve the specified go-live date but the Buyer must pay the full amount irrespective of whether any delivery target for impressions have been met.
- If the Buyer is supplying creative content or change of creative to be used in rotations, in the form of a redirected advertisement, the Buyer must inform MPM in advance.
- If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. MPM may remove any Advertisement which contains content or links to a site which, in MPM's opinion, is defamatory or objectionable or will bring MPM into disrepute. The Buyer will indemnify MPM from and against any claims or liability arising from links contained in an Advertisement.
- Advertisements may contain only such information and code as is necessary to run the Advertisement effectively on the relevant MPM Site. Advertisements may not contain tags, cookies, beacons or similar technology which identifies users of any MPM Site or enables the Buyer or any third party to serve such users with any advertising other than the Advertisement.
- If an Advertisement is supplied which does not comply with these terms and conditions or MPM receives complaints regarding an Advertisement, MPM may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer.
- Where an Advertisement is sold on a cpm basis, MPM will provide the Buyer with delivery statistics and campaign reports on a regular basis throughout the campaign period. The statistics and other reports provided by MPM shall, in the absence of manifest error, be binding on the Buyer and are in lieu of any other right of audit.
- The Buyer's sole remedy if MPM, or its third party subcontractors who may host and serve Advertisements from time to time, make an error in displaying any Advertisement is the cost of re-running the relevant Advertisement. Neither MPM nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.